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TIMOTHY J. SILVERMAN #145264
JOSHUA L. SCHEER #242722
BRYAN P. REDINGTON #313764
SCHEER LAW GROUP, LLP
85 Argonaut, Suite 202
Aliso Viejo, California 92656
Telephone: (949) 263-8757
Facsimile: (949) 308-7373
Attorneys for Defendant
DIVERSIFIED INVESTMENT SERVICES, INC
(erroneously sued as DIVERSIFIED INVESTMENT SERVICE)
IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SANTA CLARA
10
IL
Case No.: 18 CV 328 516
12 BRUCE C. WILLIAMS,
Plaintiff,
13 REQUEST TO TAKE JUDICIAL
vs. NOTICE IN SUPPORT OF
14 DEMURRER TO FIRST AMENDED
BAY VIEW LOAN SERVICING, LLC; COMPLAINT
15
FIDELITY NATIONAL TITLE AND
16 INS. INTERBAY FUNDING; Date: October 22, 2019
Time: 9:00 a.m.
DIVERSIFIED INVESTMENT
17 Dept.: 9
SERVICES, INC, AND DOES 1-5, et al.,
18 Defendants.
19
20
Pursuant to Evidence Code Sections and 452, Defendant DIVERSIFIED INVESTMENT
21
SERVICES, INC. (erroneously sued as Diversified Investment Service) (“Defendant”)
22
23 respectfully request that this Court take judicial notice of the following in support of their
24 Demurrer to the First Amended Complaint:
25 “
26
“
27
28 REQUEST TO TAKE JUDICIAL NOTICE IN SUPPORT OF DEMURRER TO FIRST AMENDED
COMPLAINT
1
Exhibit A: Assignment of Deed of Trust recorded December 3, 2003, assigning all
beneficial interest in the Deed of Trust from Katherine Brown to Diversified Investment
Services, Inc.
Exhibit B: Assignment of Deed of Trust recorded March 2, 2004, assigning all
beneficial interest in the Deed of Trust from Diversified Investment Services, Inc. to Bayview
Financial Trading Group, L.P.
Exhibit C: Assignment of Deed of Trust recorded November 14, 2011, assigning all
beneficial interest in the Deed of Trust from Legacy, L.P., f/k/a Bayview Financial Trading
Group, L.P. to Bayview Loan Servicing, LLC.
10
Dated: July | , 2019 SCHEER LAW GROUP, LLP
11
12
13
By
14
YAN REDINGTON
ttorneys for efendant
15 IVERSIFI INVESTMENT SERVICES, INC
16
Ve
18
19
20
21
22
23
24
25
26
27.
28 REQUEST TO TAKE JUDICIAL NOTICE IN SUPPORT OF DEMURRER TO FIRST AMENDED
COMPLAINT
2
EXHIBIT A
IOI
RECORDING REQUESTED BY: ,
Diversified Investment Services, Inc. de? 2083831166
Page 1 of
WHEN RECORDED RETURN TO: date: 12/63/2003 89:49A
Diversitied Investment Services, Inc, Filed by: TITLE COMPANY
Filed & Recorded in Official Records
7512 Dr. Phillips Blvd., Suite 50-250 of COUNTY OF UCLUI
Orlando FL 32819 DAVIE W WYHHE
File No. Williams/Brown COUNTY RECORDER
Foes $18.08
Fite No. Wiltisms/Brown. ees
ASSIGNMENT OF DEED OF TRUST
For Value Reegived, the undersigned hereby grants, assigns and transfers to
Diversified Investment Services, Inc., a Washington corporation, all beneficial interest
under that certain Deed of Trust dated May 2, 2003, executed by Bruce C. Williams, an
unmarried man, Trustor, to Alliance Titte Company, Trustee, and recorded as
Instrument No. 2003012612 on May 27, 2003 of Official Records in the County
Recorder’s office of Tuolumne County, California, describing land therein as:
THE REAL PROPERTY REFERRED TO IS SITUATED IN THE STATE OF
CALIFORNINA, COUNTY OF TUOLUMNE, CITY OF GROVELAND, AND IS
DESCRIBED AS FOLLOWS:
LOT 407 AS SHOWN ON THAT CERTAIN MAP ENTITLED “PINE MOUNTAIN LAKE
UNIT 3", WHICH MAP WAS FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY ON JULY 9, 1969, IN BOOK 5, PAGE 1 OF SUBDIVISIONS.
A.P.N, 092-050-14-00
(PAGE 1)
Case 15-51793 Claim 4-1 Part 2 iedov27 [15 Desc Loan/Claim Docs Page 10
an
MCs 26438931166 Page 2 of 2
Together with the note or notes therein described or referred to, the money due and to
become due thereon with interest, and all rights accrued or to accrue under said Deed
Case 15-51793 Claim4-1Part2 Filed ats Desc Loan/Claim Docs Page 11
af Trt
EXHIBIT B
IIL
Doc # 2904084853
fage ! of 2
date: @3/G2/2084 11:53A
Filed by: PURLIS ~ MAIL
Filed & Recorded in Gffteial Records
of COUNTY OF TUOLUANE
DAVID U WYNNE
Record and Ketum to. COUNTY RECORDER
Jennifer McGovern Foe: $16.00
ImerBay Funding, LLC
4425 Ponce de Leon Bivd., Sth Floor
Coral Gables, Florida 33146
ASSIGNMENT OF DEED OF TRUST w errt
Basi@mu
Mi Gur oF REmTS
For Value Received, the undersigned hereby grants, assigns and transfers to
Patpotn Bmanc.es Tracing Coop. P(r emse.), oil Dene bau t untew ts
Unaer that certain Dene of Trust gat assignment cf Rents cated 3/08/23 from
Bruce C, Williams, an unmarried man, Trustor, Alliance Title Company, Trustee, and
tecorded as Instrument No. 2003012612 on May 27, 2003 of Official! Records in the
County Recorder's office of Tualumne County, California, describing land therein as:
THE REAL PROPERTY REFERRED TO !S SITUATED IN THE STATE OF
CALIFORNINA, COUNTY OF TUOLUMNE, CITY OF GROVELAND, AND IS
DESCRIBED AS FOLLOWS:
LOT 407 AS SHOWN ON THAT CERTAIN MAP ENTITLED “PINE MOUNTAIN LAKE
UNIT 3”, WHICH MAP WAS FILED IN THE OFFICE OF THE COUNTY RECORDER
OF SAID COUNTY ON JULY 9, 1969, IN BOOK 5, PAGE 1 OF SUBDIVISIONS.
A.P.N, 092-050-14-00
Wroper-ty Aadress* ZBI Green Vorrey Greie, Grove lava, cA W339D
DUG AL LENDER] Kotnerine Brown
Loan Prous + 3 30,099.
aD
iia
Prepared By: Lorene Molina
BayView Financial Trading Group, LP
4425 Ponce de Leon Bivd,, 50h Floor
Coval Gables, Flarida 33146
(PAGE 1)
Case 15-51793 Claim 4-1 Part2 Filed 07/27/15 Desc Loan/Claim Docs Page 8 of
oan
i 2094804053 fage 2 of 2
Ce or notes therein described or referred to, the money due and to
become due thereon with interest, and ail rights accrued or to accrue under said Deed
Of Trust wits Rea. gamend OF Rants.
Dated this Lo” day of November , 2003
Diversified Investment Services Inc.
SID Dr. Pew PS Biver, Sure, 5-PID, Oviancta, Fo tom
—— 3
—P
rey
By: Tracy 2
its: President
ASS 4425 Ponce De Leon, Sth FL
STATE OF FLORIDA Adres - Coral Gables, FL 33146
county or _ ORANGE
On V 2D, 200 , before me,
AS a Notary Public fn and FOR NOTARY SEAL OR STAMP
for said County and State, personally Tracy Z,
personally known to me{or proved to me on the basis of
satisfactory evidence) to be the person (8) whase Comms OUGzI1450
names(9)} is/are subscribed to the within Instrument and Bore W007
acknowledged to me that he/she/they executed the Benoad
thru (anoyeaadnidt
same in his/herthelr authorized capacity(ies), and that Aen. ing
by his/her/their signatura(s) on the instrument the
person(s), or the entity upon behalf of which the
person(s) acted, executed tho instrument,
WITNESS my hand and official seal.
Signature EG he
|
|
E CERTIFY UNDER PENALTY OF PERJURY THAT THE “NOTARY SEAL” ON THE
DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS:
NAME OF NOTARY.
DATE COMMISSION EXPIRES
PLACE OF EXECUTION
Govt. Code, Sec. 27261.7 Pot
Signature (Firm Name If Any)
nore rt rectal
(PAGE 2)
Case 15-51793 Claim4-1Part2 Filed 07/27/15 Desc Loan/Claim Docs Page 9 of
EXHIBIT C
CY
Prepared By: Angela Soler
De # 2411813455
Page J of 1
WHEN RECORDED MAIL TO: dale 1171472011 11252A
Bayview Loan Servicing, LLC Recording Requested Bys
Attn: Jennifer Hickerson arnt
4425 Ponce De Leon, $” Floor Filed & Recorded in Dfficial Records
of ry T
Coral Gables, Florida 33146 KEN CRETE
COUNTY RECORDER
BV LOAN No: SI Fear $17.08
LOAN AMOUNT: $50,000,006
Assignment of Deed of Trust
FOR VALUE RECEIVED, the undersigned as (“ASSIGNOR/GRANTOR’), hereby grants, conveys, assigns to
BAY VIEW LOAN SERVICING, LLC A DELAWARE LIMITED LIABILITY COMPANY
4425 PONCE DE LEON BLYD., CORAL GABLES, FL 33146.
("Assignee/Grantee") all beneficial interest under thal certain Deed of Trust dated; 05/02/2003 and executed by: BRUCE
C.WILLIAMS,
AN UNMARRIED MAN, borower(s) to KATHERINE BROWN, Original Lender, with ALLIANCE
TITLE COMPANY 4s Trustee, certain Deed of Trust recorded in Doc No. 2003012612, recorded on 05/27/2003, in the
Official Records of TUOLUMNE County, State of CA, covering, the following described propery:
12892 GREEN VALLEY CIRCLE, GROVELAND, CA 91350
‘Together with the uote or notes therein described or referred to, the money duc aid to become due thereon with interest, and
atl rights accruad or to accrue under said Docuntent.
Dated: October 17, 2011
ASSIGNOR; BY LEGACY, L.P., A DELAWARE LIMITED
PARTNERSHIP, f/k/a BAY VIEW FINANCIAL TRADING
GROUP, LP,,
By BAYVIEW FINANCIAL MANAGEMENT CORP., Its
GENERAL PARTNER
442$ Ponce de Leon Blvd, Sth Floor, Coral Gables, FL 33146
ZP?
DA VID BRIGGS, First Wite-President
STATS OF FLORIDA )
ss
COUNTY OF MIAMI-DADE >
‘The foregoing instrument was acknowledged before me on October 17, 2011 by DAVID BRIGGS, First Vice-President, of
BAY VIEW FINANCIAL MANAGEMENT CORP,, Its GENERAL PARTNERTO BY LEGACY, L.P., A DELAWARE.
LIMITED PARTNERSHIP, fik/a BAY VIEW FINANCIAL TRADING GROUP, L.P., 4425 Ponce de Leon Blyd, 5th Floor,
Coral Gables, FL 33146, on behalf
of the company. He is personally known to me.
Sere
setebe
ANIBSA HICKERSON
Notary Pubic - Stole of Ptorlga
t Zj My Comm. Expires Nov 14, 2019:
Commission # EE 34649
Bonded Through Nallonat Notary Assn.
soa Public, ANISSA HICKERSON—
My commission expires: 11/14/2014
Case 15-51793 Claim 4-1 Part2 Filed OU eTAS Desc Loan/Claim Docs Page 7 of
Preview
TIMOTHY J. SILVERMAN #145264 JOSHUA L. SCHEER #242722 BRYAN P. REDINGTON #313764 SCHEER LAW GROUP, LLP 85 Argonaut, Suite 202 Aliso Viejo, California 92656 Telephone: (949) 263-8757 Facsimile: (949) 308-7373 Attorneys for Defendant DIVERSIFIED INVESTMENT SERVICES, INC (erroneously sued as DIVERSIFIED INVESTMENT SERVICE) IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA 10 IL Case No.: 18 CV 328 516 12 BRUCE C. WILLIAMS, Plaintiff, 13 REQUEST TO TAKE JUDICIAL vs. NOTICE IN SUPPORT OF 14 DEMURRER TO FIRST AMENDED BAY VIEW LOAN SERVICING, LLC; COMPLAINT 15 FIDELITY NATIONAL TITLE AND 16 INS. INTERBAY FUNDING; Date: October 22, 2019 Time: 9:00 a.m. DIVERSIFIED INVESTMENT 17 Dept.: 9 SERVICES, INC, AND DOES 1-5, et al., 18 Defendants. 19 20 Pursuant to Evidence Code Sections and 452, Defendant DIVERSIFIED INVESTMENT 21 SERVICES, INC. (erroneously sued as Diversified Investment Service) (“Defendant”) 22 23 respectfully request that this Court take judicial notice of the following in support of their 24 Demurrer to the First Amended Complaint: 25 “ 26 “ 27 28 REQUEST TO TAKE JUDICIAL NOTICE IN SUPPORT OF DEMURRER TO FIRST AMENDED COMPLAINT 1 Exhibit A: Assignment of Deed of Trust recorded December 3, 2003, assigning all beneficial interest in the Deed of Trust from Katherine Brown to Diversified Investment Services, Inc. Exhibit B: Assignment of Deed of Trust recorded March 2, 2004, assigning all beneficial interest in the Deed of Trust from Diversified Investment Services, Inc. to Bayview Financial Trading Group, L.P. Exhibit C: Assignment of Deed of Trust recorded November 14, 2011, assigning all beneficial interest in the Deed of Trust from Legacy, L.P., f/k/a Bayview Financial Trading Group, L.P. to Bayview Loan Servicing, LLC. 10 Dated: July | , 2019 SCHEER LAW GROUP, LLP 11 12 13 By 14 YAN REDINGTON ttorneys for efendant 15 IVERSIFI INVESTMENT SERVICES, INC 16 Ve 18 19 20 21 22 23 24 25 26 27. 28 REQUEST TO TAKE JUDICIAL NOTICE IN SUPPORT OF DEMURRER TO FIRST AMENDED COMPLAINT 2 EXHIBIT A IOI RECORDING REQUESTED BY: , Diversified Investment Services, Inc. de? 2083831166 Page 1 of WHEN RECORDED RETURN TO: date: 12/63/2003 89:49A Diversitied Investment Services, Inc, Filed by: TITLE COMPANY Filed & Recorded in Official Records 7512 Dr. Phillips Blvd., Suite 50-250 of COUNTY OF UCLUI Orlando FL 32819 DAVIE W WYHHE File No. Williams/Brown COUNTY RECORDER Foes $18.08 Fite No. Wiltisms/Brown. ees ASSIGNMENT OF DEED OF TRUST For Value Reegived, the undersigned hereby grants, assigns and transfers to Diversified Investment Services, Inc., a Washington corporation, all beneficial interest under that certain Deed of Trust dated May 2, 2003, executed by Bruce C. Williams, an unmarried man, Trustor, to Alliance Titte Company, Trustee, and recorded as Instrument No. 2003012612 on May 27, 2003 of Official Records in the County Recorder’s office of Tuolumne County, California, describing land therein as: THE REAL PROPERTY REFERRED TO IS SITUATED IN THE STATE OF CALIFORNINA, COUNTY OF TUOLUMNE, CITY OF GROVELAND, AND IS DESCRIBED AS FOLLOWS: LOT 407 AS SHOWN ON THAT CERTAIN MAP ENTITLED “PINE MOUNTAIN LAKE UNIT 3", WHICH MAP WAS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON JULY 9, 1969, IN BOOK 5, PAGE 1 OF SUBDIVISIONS. A.P.N, 092-050-14-00 (PAGE 1) Case 15-51793 Claim 4-1 Part 2 iedov27 [15 Desc Loan/Claim Docs Page 10 an MCs 26438931166 Page 2 of 2 Together with the note or notes therein described or referred to, the money due and to become due thereon with interest, and all rights accrued or to accrue under said Deed Case 15-51793 Claim4-1Part2 Filed ats Desc Loan/Claim Docs Page 11 af Trt EXHIBIT B IIL Doc # 2904084853 fage ! of 2 date: @3/G2/2084 11:53A Filed by: PURLIS ~ MAIL Filed & Recorded in Gffteial Records of COUNTY OF TUOLUANE DAVID U WYNNE Record and Ketum to. COUNTY RECORDER Jennifer McGovern Foe: $16.00 ImerBay Funding, LLC 4425 Ponce de Leon Bivd., Sth Floor Coral Gables, Florida 33146 ASSIGNMENT OF DEED OF TRUST w errt Basi@mu Mi Gur oF REmTS For Value Received, the undersigned hereby grants, assigns and transfers to Patpotn Bmanc.es Tracing Coop. P(r emse.), oil Dene bau t untew ts Unaer that certain Dene of Trust gat assignment cf Rents cated 3/08/23 from Bruce C, Williams, an unmarried man, Trustor, Alliance Title Company, Trustee, and tecorded as Instrument No. 2003012612 on May 27, 2003 of Official! Records in the County Recorder's office of Tualumne County, California, describing land therein as: THE REAL PROPERTY REFERRED TO !S SITUATED IN THE STATE OF CALIFORNINA, COUNTY OF TUOLUMNE, CITY OF GROVELAND, AND IS DESCRIBED AS FOLLOWS: LOT 407 AS SHOWN ON THAT CERTAIN MAP ENTITLED “PINE MOUNTAIN LAKE UNIT 3”, WHICH MAP WAS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY ON JULY 9, 1969, IN BOOK 5, PAGE 1 OF SUBDIVISIONS. A.P.N, 092-050-14-00 Wroper-ty Aadress* ZBI Green Vorrey Greie, Grove lava, cA W339D DUG AL LENDER] Kotnerine Brown Loan Prous + 3 30,099. aD iia Prepared By: Lorene Molina BayView Financial Trading Group, LP 4425 Ponce de Leon Bivd,, 50h Floor Coval Gables, Flarida 33146 (PAGE 1) Case 15-51793 Claim 4-1 Part2 Filed 07/27/15 Desc Loan/Claim Docs Page 8 of oan i 2094804053 fage 2 of 2 Ce or notes therein described or referred to, the money due and to become due thereon with interest, and ail rights accrued or to accrue under said Deed Of Trust wits Rea. gamend OF Rants. Dated this Lo” day of November , 2003 Diversified Investment Services Inc. SID Dr. Pew PS Biver, Sure, 5-PID, Oviancta, Fo tom —— 3 —P rey By: Tracy 2 its: President ASS 4425 Ponce De Leon, Sth FL STATE OF FLORIDA Adres - Coral Gables, FL 33146 county or _ ORANGE On V 2D, 200 , before me, AS a Notary Public fn and FOR NOTARY SEAL OR STAMP for said County and State, personally Tracy Z, personally known to me{or proved to me on the basis of satisfactory evidence) to be the person (8) whase Comms OUGzI1450 names(9)} is/are subscribed to the within Instrument and Bore W007 acknowledged to me that he/she/they executed the Benoad thru (anoyeaadnidt same in his/herthelr authorized capacity(ies), and that Aen. ing by his/her/their signatura(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed tho instrument, WITNESS my hand and official seal. Signature EG he | | E CERTIFY UNDER PENALTY OF PERJURY THAT THE “NOTARY SEAL” ON THE DOCUMENT TO WHICH THIS STATEMENT IS ATTACHED READS AS FOLLOWS: NAME OF NOTARY. DATE COMMISSION EXPIRES PLACE OF EXECUTION Govt. Code, Sec. 27261.7 Pot Signature (Firm Name If Any) nore rt rectal (PAGE 2) Case 15-51793 Claim4-1Part2 Filed 07/27/15 Desc Loan/Claim Docs Page 9 of EXHIBIT C CY Prepared By: Angela Soler De # 2411813455 Page J of 1 WHEN RECORDED MAIL TO: dale 1171472011 11252A Bayview Loan Servicing, LLC Recording Requested Bys Attn: Jennifer Hickerson arnt 4425 Ponce De Leon, $” Floor Filed & Recorded in Dfficial Records of ry T Coral Gables, Florida 33146 KEN CRETE COUNTY RECORDER BV LOAN No: SI Fear $17.08 LOAN AMOUNT: $50,000,006 Assignment of Deed of Trust FOR VALUE RECEIVED, the undersigned as (“ASSIGNOR/GRANTOR’), hereby grants, conveys, assigns to BAY VIEW LOAN SERVICING, LLC A DELAWARE LIMITED LIABILITY COMPANY 4425 PONCE DE LEON BLYD., CORAL GABLES, FL 33146. ("Assignee/Grantee") all beneficial interest under thal certain Deed of Trust dated; 05/02/2003 and executed by: BRUCE C.WILLIAMS, AN UNMARRIED MAN, borower(s) to KATHERINE BROWN, Original Lender, with ALLIANCE TITLE COMPANY 4s Trustee, certain Deed of Trust recorded in Doc No. 2003012612, recorded on 05/27/2003, in the Official Records of TUOLUMNE County, State of CA, covering, the following described propery: 12892 GREEN VALLEY CIRCLE, GROVELAND, CA 91350 ‘Together with the uote or notes therein described or referred to, the money duc aid to become due thereon with interest, and atl rights accruad or to accrue under said Docuntent. Dated: October 17, 2011 ASSIGNOR; BY LEGACY, L.P., A DELAWARE LIMITED PARTNERSHIP, f/k/a BAY VIEW FINANCIAL TRADING GROUP, LP,, By BAYVIEW FINANCIAL MANAGEMENT CORP., Its GENERAL PARTNER 442$ Ponce de Leon Blvd, Sth Floor, Coral Gables, FL 33146 ZP? DA VID BRIGGS, First Wite-President STATS OF FLORIDA ) ss COUNTY OF MIAMI-DADE > ‘The foregoing instrument was acknowledged before me on October 17, 2011 by DAVID BRIGGS, First Vice-President, of BAY VIEW FINANCIAL MANAGEMENT CORP,, Its GENERAL PARTNERTO BY LEGACY, L.P., A DELAWARE. LIMITED PARTNERSHIP, fik/a BAY VIEW FINANCIAL TRADING GROUP, L.P., 4425 Ponce de Leon Blyd, 5th Floor, Coral Gables, FL 33146, on behalf of the company. He is personally known to me. Sere setebe ANIBSA HICKERSON Notary Pubic - Stole of Ptorlga t Zj My Comm. Expires Nov 14, 2019: Commission # EE 34649 Bonded Through Nallonat Notary Assn. soa Public, ANISSA HICKERSON— My commission expires: 11/14/2014 Case 15-51793 Claim 4-1 Part2 Filed OU eTAS Desc Loan/Claim Docs Page 7 of