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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TAMU
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Nov-10-2014 2:50 pm
Case Number: CGC-14-538800
Filing Date: Nov-10-2014 2:49
Filed by: MARIA BENIGNA GOODMAN
Juke Box: 001 Image: 04685236
ORDER
JOSEPH S NEW VS. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR
THE et al
001004685236
Instructions:
Please place this sheet on top of the document to be scanned.6
v
4B 196
MARY KATE SULLIVAN (State Bar No. 180203)
mks@severson.com
THOMAS N. ABBOTT (State Bar No. 245568)
ina@severson.com.
R. TRAVIS CAMPBELL (State Bar No. 271580) fe
rtc@severson.com e i L r 5
SEVERSON & WERSON San Francisco County Superior Sourt
A Professional Corporation
One Embarcadero Center, Suite 2600 NOV 1 @ 2014
San Francisco, California 94111
Telephone: (415) 398-3344 CLERK GG THE CQUAT
Facsimile: (415) 956-0439 ey: WN
. Doputy Cer
‘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 FIRST AMENDED
VS. 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: September 26, 2014
REGISTRATION. SYSTEMS, .INC.; BANK.....-“Fimei~--923 Qader e nee 2 ee
OF AMERICA, N.A.; and DOES 1-100 Dept.: 501
inclusive,
Action Filed: — April 18, 2014
Defendants. Trial Date: None Set
ORIGINA'
[PROPOSED] ORDER ON DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT
11951,0377/3397130.1w
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 September 26, 2014. Defendants demurred to Plaintiff's entire
First 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
| memotandum in support thereof, Defendants’ demurrer to the First Amended Complaint is
sustained in its entirety with leave to amend. <
IT IS SO ORDERED.
DATED; y 2014
"? Judge of the Superior Court
APPROVED AS TO FORM:
DATED: October £3, 2014
RONALD E. QUIDACHAY
aa wee BYD fs <
Andre M. Chernay
Attorneys for Plaintiff,
JOSEPH NEW “
11951,0377/3397 130.1
[PROPOSED] ORDER ON DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT
Document Filed Date
November 10, 2014
Case Filing Date
April 18, 2014
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TAMU SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Nov-10-2014 2:50 pm Case Number: CGC-14-538800 Filing Date: Nov-10-2014 2:49 Filed by: MARIA BENIGNA GOODMAN Juke Box: 001 Image: 04685236 ORDER JOSEPH S NEW VS. U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE FOR THE et al 001004685236 Instructions: Please place this sheet on top of the document to be scanned.6 v 4B 196 MARY KATE SULLIVAN (State Bar No. 180203) mks@severson.com THOMAS N. ABBOTT (State Bar No. 245568) ina@severson.com. R. TRAVIS CAMPBELL (State Bar No. 271580) fe rtc@severson.com e i L r 5 SEVERSON & WERSON San Francisco County Superior Sourt A Professional Corporation One Embarcadero Center, Suite 2600 NOV 1 @ 2014 San Francisco, California 94111 Telephone: (415) 398-3344 CLERK GG THE CQUAT Facsimile: (415) 956-0439 ey: WN . Doputy Cer ‘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 FIRST AMENDED VS. 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: September 26, 2014 REGISTRATION. SYSTEMS, .INC.; BANK.....-“Fimei~--923 Qader e nee 2 ee OF AMERICA, N.A.; and DOES 1-100 Dept.: 501 inclusive, Action Filed: — April 18, 2014 Defendants. Trial Date: None Set ORIGINA' [PROPOSED] ORDER ON DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT 11951,0377/3397130.1w 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 September 26, 2014. Defendants demurred to Plaintiff's entire First 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 | memotandum in support thereof, Defendants’ demurrer to the First Amended Complaint is sustained in its entirety with leave to amend. < IT IS SO ORDERED. DATED; y 2014 "? Judge of the Superior Court APPROVED AS TO FORM: DATED: October £3, 2014 RONALD E. QUIDACHAY aa wee BYD fs < Andre M. Chernay Attorneys for Plaintiff, JOSEPH NEW “ 11951,0377/3397 130.1 [PROPOSED] ORDER ON DEMURRER TO PLAINTIFF’S FIRST AMENDED COMPLAINT