On April 18, 2014 a
Order
was filed
involving a dispute between
New, Joseph S,
and
Bank Of America, N.A.,
Does 1 To 100, Inclusive,
Mortgage Electronic Registration Systems, Inc.,
Recontrust Company, N.A.,
U.S. Bank National Association As Trustee For The,
for civil
in the District Court of San Francisco County.
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RIA
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO |
Document Scanning Lead Sheet
Feb-03-2015 10:28 am
Case Number: CGC-14-538800
Filing Date: Feb-03-2015 10:28
Filed by: MARIA OLOPERNES-PENA
Juke Box: 001 Image: 04778034
ORDER
JOSEPH S NEW VS. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR
THE et al
001004778034
Instructions:
Please place this sheet on top of the document to be scanned.Co eC DN DH RF Ww BY
Nn NON N Be eee ewe Se Be Be Ee a
&® Rk RBRBBRRRSRSAREZEEBH AS
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
Attomeys 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,
Plaintiff,
vs.
U.S. BANK NATIONAL ASSOCIATION AS
TRUSTEE FOR THE BENEFIT OF
HARBORVIEW 2005-2 TRUST FUND;
RECONTRUST COMPANY, N.A.;
MORTGAGE ELECTRONIC
REGISTRATION SYSTEMS, INC.; BANK.
OF AMERICA, N.A.; and DOES 1-100
inclusive,
Defendants.
11951.0377/3397 130.1
COMPLAINT
[Filed concurrently with Notice of Demurrer
and Demurrer; Memorandum of Points and
Authorities; Request for Judicial Notice]
Date:
Time:
Dept.;
February 3, 2015
9:30 a.m.
501
Action Filed:
Trial Date:
April 18, 2014
None Set
—fPROPOSED}ORDER ON DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINToe YN DW eB WN
Bee ia ea a aa a
& SR FE BRR RSESDRARESH TE
The 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 sct forth in Defendants’ demurrer and
memorandum in support thergof, Defendants’ ser to the Second Amended Complaint is
sustained in its entirety withdeave to amend.
IT IS SO ORDERED.
patep: _ 2/3 , 2015
Judge of the Superior Court
RONALD E. QUIDACHAY
1195 1.0377/3397130.1
TPROPOSEB] ORDER ON DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT
Document Filed Date
February 03, 2015
Case Filing Date
April 18, 2014
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RIA SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO | Document Scanning Lead Sheet Feb-03-2015 10:28 am Case Number: CGC-14-538800 Filing Date: Feb-03-2015 10:28 Filed by: MARIA OLOPERNES-PENA Juke Box: 001 Image: 04778034 ORDER JOSEPH S NEW VS. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE et al 001004778034 Instructions: Please place this sheet on top of the document to be scanned.Co eC DN DH RF Ww BY Nn NON N Be eee ewe Se Be Be Ee a &® Rk RBRBBRRRSRSAREZEEBH AS 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 Attomeys 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, Plaintiff, vs. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE BENEFIT OF HARBORVIEW 2005-2 TRUST FUND; RECONTRUST COMPANY, N.A.; MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.; BANK. OF AMERICA, N.A.; and DOES 1-100 inclusive, Defendants. 11951.0377/3397 130.1 COMPLAINT [Filed concurrently with Notice of Demurrer and Demurrer; Memorandum of Points and Authorities; Request for Judicial Notice] Date: Time: Dept.; February 3, 2015 9:30 a.m. 501 Action Filed: Trial Date: April 18, 2014 None Set —fPROPOSED}ORDER ON DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINToe YN DW eB WN Bee ia ea a aa a & SR FE BRR RSESDRARESH TE The 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 sct forth in Defendants’ demurrer and memorandum in support thergof, Defendants’ ser to the Second Amended Complaint is sustained in its entirety withdeave to amend. IT IS SO ORDERED. patep: _ 2/3 , 2015 Judge of the Superior Court RONALD E. QUIDACHAY 1195 1.0377/3397130.1 TPROPOSEB] ORDER ON DEMURRER TO PLAINTIFF'S FIRST AMENDED COMPLAINT