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MARY KATE SULLIVAN (State Bar No. 180203)
mks@severson.com
THOMAS N. ABBOTT (State Bar No. 245568)
tna@severson.com
JOEL. C. SPANN (State Bar No. 277615)
jes@severson.com
SEVERSON & WERSON
A Professional Corporation
One Embarcadero Center, Suite 2600
San Francisco, California 94111
Telephone: (415) 398-3344
Facsimile: (415) 956-0439
Attorneys for Defendants
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.; U.S. BANK NATIONAL
ASSOCIATION AS TRUSTEE FOR THE
BENEFIT OF HARBORVIEW 2005-2 TRUST
FUND
ELECTRONICALLY
FILED
Supertor Court of Calttornte,
County of San Francisco
04/01/2015
Clerk of the Court
BY:BOWMAN LIU
Deputy Clerk
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
JOSEPH S. NEW, Case No, CGC-14-538800
Plaintiff, REQUEST FOR JUDICIAL NOTICE IN
SUPPORT OF DEFENDANTS’ EX PARTE
vs. APPLICATION FOR ENTRY OF
JUDGMENT PURSUANT TO C.C.P.
U.S. BANK NATIONAL ASSOCIATION AS _ | 5810F)()
TRUSTEE FOR THE BENEFIT OF
HARBORVIEW 2005-2 TRUST FUND; [Filed concurrently with Ex Parte Application;
RECONTRUST COMPANY, N.A.; [Proposed] Judgment]
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.; BANK Date: April 3, 2015
OF AMERICA, N.A.; and DOES 1-100 Time: 11:00 a.m.
inclusive, Dept.: 501
Defendants. Action Filed: April 18, 2014
. . Trial Date: None Set
11951.0377/4017002.1
OF JUDGMENT PURSUANT TO C.C.P. 581(F)(1)Pursuant to California Evidence Code section 452(d), a court may additionally take judicial
notice of “[r]ecords of any court of this state... .” The document attached hereto is a record of
the San Francisco County Superior Court, Case Number CGC-14-538800, and is, therefore,
subject to judicial notice.
Evidence Code section 453 states that a Court is required to “take judicial notice of any
matter specified in section 452 if a party requests it and: (a) Gives each adverse party sufficient
notice of the request, through the pleadings or otherwise, to enable such adverse party to prepare
to meet the request; and (b) Furnishes the court with sufficient information to enable it to take
judicial notice of the matter.” Through this pleading, the plaintiff is being furnished with
sufficient notice of, and the Court is being provided sufficient information to grant this request.
1. The Order on Defendants’ Demurrer to Plaintiff's Second Amended Complaint,
filed in the San Francisco County Superior Court on February 3, 2015. A true and correct copy of
said Order is attached hereto as Exhibit 1.
DATED: April l _, 2015 SEVERSON & WERSON
A Professional Corporation
oe
Jéel C7 Spann
Attorneys for Defendants,
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC.; U.S. BANK NATIONAL
ASSOCIATION AS TRUSTEE FOR THE BENEFIT
OF HARBORVIEW 2005-2 TRUST FUND
11951 .0377/4017002.1
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION FOR ENTRY
OF JUDGMENT PURSUANT 10 C.C.P. 581(F)(1)Severson
&Werson
A Professional Corporation
EXHIBIT “1”MARY KATE SULLIVAN (State Bar No. 180203)
mks@severson.com
THOMAS N. ABBOTT (State Bar No. 245568)
tna@severson.com
JOEL C. SPANN (State Bar No, 277615)
jes@severson.com 65 Jat
SEVERSON & WERSON
A Professional Corporation
One Embarcadero Center, Suite 2600
San Francisco, California 94111
Telephone: (415) 398-3344
Facsimile: (415) 956-0439
Attorneys for Defendants
MORTGAGE ELECTRONIC REGISTRATION
SYSTEMS, INC, and U.S. BANK NATIONAL
ASSOCIATION AS TRUSTEE FOR THE
BENEFIT OF HARBORVIEW 2005-2 TRUST
FUND
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
JOSEPH S. NEW, Case No. CGC-14-538800
Plaintiff, {PROPOSED] ORDER ON DEMURRER
TO PLAINTIFF’S SECOND AMENDED
ys. COMPLAINT
U.S. BANK NATIONAL ASSOCIATION AS. | [Filed concurrently with Notice of Demurrer
TRUSTEE FOR THE BENEFIT OF and Demurrer; Memorandum of Points and
HARBORVIEW 2005-2 TRUST FUND; Authorities; Request for Judicial Notice]
RECONTRUST COMPANY, N.A.;
MORTGAGE ELECTRONIC Date: February 3, 2015
REGISTRATION SYSTEMS, INC.; BANK. Time: 9:30 a.m,
OF AMERICA, N.A,; and DOES 1-100 Dept.: 501
inclusive,
Action Filed: April 18, 2014
Defendants. Trial Date: None Set
11951.0377/3397130:1
“fPROROSED] ORDER ON DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINTThe demurrer of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. and
U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE BENEFIT OF
HARBORVIEW 2005-2 TRUST FUND (“Defendants”) came on regularly for hearing in
Department 501 of this Court on February 3, 2015. Defendants demurred to Plaintiff's entire
Second Amended Complaint and to each of its causes of action asserted against Defendants.
Having reviewed and considered the written submissions of the parties and the arguments
of counsel at the hearing, and good cause appearing,
IT IS HEREBY ORDERED THAT for the reasons set forth in Defendants’ demurrer and
memorandum in support thereof, Defendants’ demurrer to the Second Amended Complaint is
sustained in its entirety with leave to amend.
IT IS SO ORDERED.
RONALD E. QUIDACHAY
Judge of the Superior Court
RONALD E. QUIDACHAY
3D] ORDER ON DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINTIYI Dw Bw Ww
PROOF OF SERVICE
At the time of service, I was over 18 years of age and not a party to this action. Iam
employed in the County of San Francisco, State of California. My business address is One
Embarcadero Center, Suite 2600, San Francisco, CA 94111.
On April 1, 2015, I served true copies of the following document(s):
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS’ EX
PARTE APPLICATION FOR ENTRY OF JUDGMENT PURSUANT TO C.C.P.
SECTION 581(F)(1)
on the interested parties in this action as follows:
Andre M, Chernay Esq. Attorneys for Plaintiff Joseph New
UNITED LAW CENTER
3013 Douglas Boulevard, Suite 200 Telephone: (916) 367-0630
Roseville, CA 95661 Facsimile: (916) 265-9000
Aaron R, Marienthal, Esq. - Attorneys for Defendants Bank of America,
Alexandra C. Seibert, Esq. N.A. and Reconstruct Company, N.A.
REED SMITH LLP
101 Second Street, Suite 1800 Telephone: (415) 543-8700
San Francisco, CA 94105-3659 Facsimile; (415) 391-8269
BY FEDEX: | enclosed said document(s) in an envelope or package provided by FedEx
and addressed to the persons at the addresses listed in the Service List. I placed the envelope or
package for collection and overnight delivery at an office or a regularly utilized drop box of FedEx
or delivered such document(s) to a courier or driver authorized by FedEx to receive documents,
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Executed on April 1, 2015, at San Francisco, California.
MARI A. BERNSTINE-MASON
PROOF OF SERVICE
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MARY KATE SULLIVAN (State Bar No. 180203) mks@severson.com THOMAS N. ABBOTT (State Bar No. 245568) tna@severson.com JOEL. C. SPANN (State Bar No. 277615) jes@severson.com SEVERSON & WERSON A Professional Corporation One Embarcadero Center, Suite 2600 San Francisco, California 94111 Telephone: (415) 398-3344 Facsimile: (415) 956-0439 Attorneys for Defendants MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE BENEFIT OF HARBORVIEW 2005-2 TRUST FUND ELECTRONICALLY FILED Supertor Court of Calttornte, County of San Francisco 04/01/2015 Clerk of the Court BY:BOWMAN LIU Deputy Clerk SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO JOSEPH S. NEW, Case No, CGC-14-538800 Plaintiff, REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS’ EX PARTE vs. APPLICATION FOR ENTRY OF JUDGMENT PURSUANT TO C.C.P. U.S. BANK NATIONAL ASSOCIATION AS _ | 5810F)() TRUSTEE FOR THE BENEFIT OF HARBORVIEW 2005-2 TRUST FUND; [Filed concurrently with Ex Parte Application; RECONTRUST COMPANY, N.A.; [Proposed] Judgment] MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; BANK Date: April 3, 2015 OF AMERICA, N.A.; and DOES 1-100 Time: 11:00 a.m. inclusive, Dept.: 501 Defendants. Action Filed: April 18, 2014 . . Trial Date: None Set 11951.0377/4017002.1 OF JUDGMENT PURSUANT TO C.C.P. 581(F)(1)Pursuant to California Evidence Code section 452(d), a court may additionally take judicial notice of “[r]ecords of any court of this state... .” The document attached hereto is a record of the San Francisco County Superior Court, Case Number CGC-14-538800, and is, therefore, subject to judicial notice. Evidence Code section 453 states that a Court is required to “take judicial notice of any matter specified in section 452 if a party requests it and: (a) Gives each adverse party sufficient notice of the request, through the pleadings or otherwise, to enable such adverse party to prepare to meet the request; and (b) Furnishes the court with sufficient information to enable it to take judicial notice of the matter.” Through this pleading, the plaintiff is being furnished with sufficient notice of, and the Court is being provided sufficient information to grant this request. 1. The Order on Defendants’ Demurrer to Plaintiff's Second Amended Complaint, filed in the San Francisco County Superior Court on February 3, 2015. A true and correct copy of said Order is attached hereto as Exhibit 1. DATED: April l _, 2015 SEVERSON & WERSON A Professional Corporation oe Jéel C7 Spann Attorneys for Defendants, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE BENEFIT OF HARBORVIEW 2005-2 TRUST FUND 11951 .0377/4017002.1 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION FOR ENTRY OF JUDGMENT PURSUANT 10 C.C.P. 581(F)(1)Severson &Werson A Professional Corporation EXHIBIT “1”MARY KATE SULLIVAN (State Bar No. 180203) mks@severson.com THOMAS N. ABBOTT (State Bar No. 245568) tna@severson.com JOEL C. SPANN (State Bar No, 277615) jes@severson.com 65 Jat SEVERSON & WERSON A Professional Corporation One Embarcadero Center, Suite 2600 San Francisco, California 94111 Telephone: (415) 398-3344 Facsimile: (415) 956-0439 Attorneys for Defendants MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, and U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE BENEFIT OF HARBORVIEW 2005-2 TRUST FUND SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO JOSEPH S. NEW, Case No. CGC-14-538800 Plaintiff, {PROPOSED] ORDER ON DEMURRER TO PLAINTIFF’S SECOND AMENDED ys. COMPLAINT U.S. BANK NATIONAL ASSOCIATION AS. | [Filed concurrently with Notice of Demurrer TRUSTEE FOR THE BENEFIT OF and Demurrer; Memorandum of Points and HARBORVIEW 2005-2 TRUST FUND; Authorities; Request for Judicial Notice] RECONTRUST COMPANY, N.A.; MORTGAGE ELECTRONIC Date: February 3, 2015 REGISTRATION SYSTEMS, INC.; BANK. Time: 9:30 a.m, OF AMERICA, N.A,; and DOES 1-100 Dept.: 501 inclusive, Action Filed: April 18, 2014 Defendants. Trial Date: None Set 11951.0377/3397130:1 “fPROROSED] ORDER ON DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINTThe demurrer of MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. and U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE BENEFIT OF HARBORVIEW 2005-2 TRUST FUND (“Defendants”) came on regularly for hearing in Department 501 of this Court on February 3, 2015. Defendants demurred to Plaintiff's entire Second Amended Complaint and to each of its causes of action asserted against Defendants. Having reviewed and considered the written submissions of the parties and the arguments of counsel at the hearing, and good cause appearing, IT IS HEREBY ORDERED THAT for the reasons set forth in Defendants’ demurrer and memorandum in support thereof, Defendants’ demurrer to the Second Amended Complaint is sustained in its entirety with leave to amend. IT IS SO ORDERED. RONALD E. QUIDACHAY Judge of the Superior Court RONALD E. QUIDACHAY 3D] ORDER ON DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINTIYI Dw Bw Ww PROOF OF SERVICE At the time of service, I was over 18 years of age and not a party to this action. Iam employed in the County of San Francisco, State of California. My business address is One Embarcadero Center, Suite 2600, San Francisco, CA 94111. On April 1, 2015, I served true copies of the following document(s): REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEFENDANTS’ EX PARTE APPLICATION FOR ENTRY OF JUDGMENT PURSUANT TO C.C.P. SECTION 581(F)(1) on the interested parties in this action as follows: Andre M, Chernay Esq. Attorneys for Plaintiff Joseph New UNITED LAW CENTER 3013 Douglas Boulevard, Suite 200 Telephone: (916) 367-0630 Roseville, CA 95661 Facsimile: (916) 265-9000 Aaron R, Marienthal, Esq. - Attorneys for Defendants Bank of America, Alexandra C. Seibert, Esq. N.A. and Reconstruct Company, N.A. REED SMITH LLP 101 Second Street, Suite 1800 Telephone: (415) 543-8700 San Francisco, CA 94105-3659 Facsimile; (415) 391-8269 BY FEDEX: | enclosed said document(s) in an envelope or package provided by FedEx and addressed to the persons at the addresses listed in the Service List. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of FedEx or delivered such document(s) to a courier or driver authorized by FedEx to receive documents, I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on April 1, 2015, at San Francisco, California. MARI A. BERNSTINE-MASON PROOF OF SERVICE