Preview
Bruce C. Williams BCW Consulting
fill
25 N. 14‘“,
San Jose,
408
Street,
CA.
702-7914
suite
951 12
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SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN
191 N. FIRST STREET, SAN JOSE, CA. 951 13
‘D
BRUCE C WILLIAMS, ) Case No.: 18cv328516
Plaintiff, )
) RESPONSE TO ORDER T0 SHOW
1 CAUSE FOR FAILURE TO SERVE
)
VS.
DATE: JUNE 20,2019
g
TIME: 9:00AM
)
BAYVIEW SERVICING LOAN, LLC DEPT: 9
)
FIDELITY NATIONAL TITLE AND 1
SERVCES,. INTERBAY FUNDING )
DIVERSIFIED INVESTMENT SERVICE )
15
AND DOES 1-50
Defendants.
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17 On March 8, 2019, Judge Mary Arand issued an Order to Show Cause why Plaintiff‘s has
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not served defendants complaint against defendants; plaintiff has demonstrated to the court that
the plaintiff has made diligent efforts t0 serve you with the summons and complaint. Documents
20
show this was done by the plaintiff filing a Proof 0f Service with a service and an attorney.
21
22 Plaintiff was not aware that a Proof 0f Service was not 0n file by the date of the Order to Show
Cause.
Plaintiff submits this Response together with evidence exhibits (hereafter exhibits) as
answer to the show cause order as to why his complaint should proceed. Plaintiff has shown
cause why and established in all matters 0f his complaint under the standards set in the court’s
RESPONSE T0 ORDER T0 snow CAUSE FOR FAILURE T0 SERVE
- 1
Show Cause Order. Plaintiff has provided a list of exhibits for proof of service of Defendants in
Ix)
this case.
Dated this 2nd
day of, June,2019.
' ' '
BRUCE C. WILLIAMS
plaintiff
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RESPONSE To ORDER T0 snow CAUSE FOR FAILURE To SERVE
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PROOF OF SERVICE
State ofCalifomia )
) ss.
County 0f Santa Clara )
am employed County of Santa State of California. over the age f 1}}and not
I
a
On
party to
June,
the
2nd
in the
within
2019,
action.
I
My
Clara,
business addresstg/yt/vy
served the foregoing document described
i
j.
I
as:
I
I SAN 95;: ['4‘
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M
‘7) '
,
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RESPONSE TO ORDER TO SHOW CAUSE FOR FAILURE TO SERVE
SEE ATTACHED SERVICE LIST
[X] (BY FACSIMILE) The facsimile machine 1 used complied with Rule
2003(3) and no error was reported by the machine. Pursuant to Rule 2008(e)(4), I caused the
machine t0 print a record of the transaction.
[X] (BY MAIL, 10133, 2015.5 C.C.P.)
[X] 1 deposited such envelope in the mail at Santa Clara, Califomia. The
envelope was mailed with postage thereon fully prepaid.
[X] I am readily familiar with the firm’s practice for collection and processing
correspondence for mailing. Under that practice, this document will be deposited with the U.S.
Postal Service on this date with postage therefore fully prepaid at Santa Clara, California in the
ordinary course 0f business. Iam aware that on motion of the party served, service is presumed
invalid if postal cancellation date 0r postage meter date is more than one day after date of deposit
for mailing in affidavit.
[ ] (BY PERSONAL SERVICE) 1 caused the foregoing envelope to be
l9 delivered by hand to the addressee 0n the attached Service List.
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[ ] (BY FEDERAL EXPRESS ) I caused the foregoing envelope to be
21
delivered by xxxx FEDEX
22 [X] (STATE) I declare under penalt erjury under the laws of the State of
California that the above is true and correct.
Name 0f Declar nt
mMAflA 43W ignature
é A /@~ZO i?
RESPONSE TO ORDER TO SHOW CAUSE FOR FAILURE TO SERVE
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SERVICE LIST
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ZIEVE, BRODNAX & STEELE, LLP
Lu
John C. Steele, Bar N0. 179875
Samantha MacLeod, Bar No. 270770
30 Corporate Park, Suite 450
Irvine, CA 92606
Phone: (714) 848-7920
Fax: (714) 908-2615
Attorney for: BAYVIEW LOAN SERVICING, LLC
EDWARD G. SCHLOSS
Lior Katz
3637 Motor Avenue, Suite 220
Los Angeles, California 90034
Tel: 3 10-733-4488 Fax: 3 10-836-4888
Attorney for: BAYVIEW LOAN SERVICING, LLC
FIDELITY NATIONAL TITLE INSURANCE COMPANY
By serving CT Corporation, Agent for Service
Gabriela Sanchez, Intake Specialist, Authorized to Accept Service
West 7‘“Street
818
Los Angeles, CA. 90017
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RESPONSE T0 ORDER T0 SHOW CAUSE FOR FAILURE T0 SERVE
-
4
m
Illlomey or Faro: willmul Allarncy: Far Caurl Use Only
Bruce C. Williams
59 Washington Street
#2 l4 '
Santa Clara,CA 95050
408-7 02-79 l4
Telephone No:
Na:
No. or File
Rtj.’
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xi
Allarncyfizr: Plaintiff
name
Inserl afCaurI.and Judicial Dislricl and Branch
Cour]:
MAY 2 22019
Santa Clara County Superior Court
Bruce C. Williams
PIaiu/mt-
‘
Madam 06'0““
m
Bayvicw Loan Servicing, LLC,
Defendant: tal .
a i '
PROOF OF SERVICE Hearing Dale: Time: Depl/Dlv: Case Nun:er:
NA SUMMONS xscvszssl 6
1. At I/1e lime ofservice
Iwas a! least18 years afage and not a para:
to this action.
2. I served copies oftheSummons; Amended Complaint
r l V
.
___.... _......3. ,a,_]?ap0.se):vgd;._____.-.
..._
..
,. . . --------- —Bayv-iew—Loan-Sewing,—LLC,~by serving-Corporalion-Scr-vicoCompany, Agent-fOF—
Service
b. Person served: Bill Jacobs,Authorized to Accept Service
4.Address where the para) was served: 2710 Gateway Oaks Dn've
Suite 150 N
Sacramento, CA 95833
5. l served the party:
a.by personal sci vice.I m item2 to the party or person authorized
personally delivered the documents listed to receive
process for the party (I) on: Wed., Feb. 13, 2019 (2)
at:l:SSPM
6. Person Served” (on (he Summons) was completed asfollaws:
T/ze ”Notice to the
on beha/foj} Bayview Loan Sewing, LLC
Other: LLC
7. Person Wlw Served Papers: Rccovmblc Cost Pcr CCP 1033.5(a)(4)(B)
a. Jeremy Glaze d. 77w Feefor Service was: $75.00
b. Bender's Legal Service, Inc. e. lam: (3) registered California process server
‘
1625 The Alameda . (i) Independent Contractor
Suite 5|l (ii)RegistrationNa: 201 1-65
San Jose, CA 95126 Councy:
(ii!) Sacramento
c. 408 286-4182, FAX 408 298-4484
8. 1 declaremulerpenalw ofpecirtryunder laws oftlte State of California that Iheforegoing
llle istrueam! correct.
Dale: Well, May. 22, 2019
wmeww.) aw;
Micraiq uincIForm Pos-oxo PROgggggféVlCE Wm“? Um)
cv January}, 2007
RuleZ. 150. (n)& (bR)
/ t wmbc25539'5
BY FAX
Alfonmy'ar Party wIIImuI Allorucy: Far Cour! Use Only
Bruce C. Williams
59 Washington Street
#214
Santa Clara,CA 95050 (ENDORSED)
408-702-79 I4
Telephone No:
Na:
Re]: No. or File . 1.
Plaintifi
Allorneyfar: j
Inserl name afCaurI, andJudlcial Dislric!
and Brand: Court: MAY 2 2 2019
Santa Clara County Superior Court _
Clerk
Bruce C. Williams
Plainrifl:
Bayview Loan
Defendant.-
@PROOF 0F SERVICE
Servicini,LLC, tal
Hearing Dale: 77111::
_
DepI/Diwuvh
I
TQM Of the COUI't
0'38MB Chm
DEM!
{Vi ‘l— SUMMONS 18cv328516
.NAl the lime ofserw'ceIwas l8 years ofage and no! a party to
a! least (his action.
!\)
Iserved copies ofthe Summons; Amended Complaint
3. a.Party served: Company, by sewing CT Corporation, Agent for
Fidelity National Title Insurance
Service
b.Person served: Gabriela Sanchez, Intake Specialist, Authorized to Accept Service
:k Address where the para! was served: 818 West 7th Street
Los Angeles, CA 90017
$I-
I served Ille party.
a. by personal scrvicc.I 2 to the party or person authorized to receive
personally delivered the documents listed In item
Wed.
process for the party (i) on: 7 .lOPM
Feb. i3, 2019 (2) at-
6. The "Nolice lo I/Ie PeJ 'son Served" (an (he Summons) was completed asflllows:
on bclmlfof: Fidelity National Title Insurance Company
Under CCP 416. 10 (corporation)
7.Person WlIo Served Papels: Recovctablc Cosl Pcr CCP 1033.5(a)(4)(B)
a. Bruce Anderson d. TIIeFeeflyr Service was: $75.00
b. Bender's Legal Service, lnc. e. lam: (3) registered California process server
1625 The Alameda (i) Independent Contractor
Suite S]I (ii)RegistralionNa: 2016038557
San Jose,CA 95126 Connor
(iii) Los Angeies
c.408 286-4182, FAX 408 298-4484
8. l declare underpenalo; ofpeljmy under (lielaws offlle Stale of California that tlIeforegoilIg is true and correct.
Date:
Juid
Wed, May. 22, 2019
iForm POS—Olfl
M&niC In)cIIII
Ru1c215 “(am (b) January 1.2007
Il'u
AMENUS>
PROg58§l§R§VICE
”jab (Bruce Anderson)
II'iIIba255396
BI! FM
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RESPONSE TO ORDER TO SHOW CAUSE FOR FAILURE T0 SERVE
-5
IY-BSIZ'Z'Z‘V‘
Secretary of State
Statement of Information LLC -1 2 FILED
(Limited Liability Company) $91 Secretary of State
State of California
JUN 2017
IMPORTANT — Read
1 ‘t
instructions before completing this form.
Filing Fee -$20.00
Copy Fees - Face Page
Certification Fee —$5.00
$1 .00 & .50 for each attachment page;
Z\
This
no WC
Space For Office Use Only
1. Company Name
Limited Llabillty
Interbay Funding, LLC
2. Number
12-Digit Secretary of State File 3. State or Place of Organization (only
ifformed outsideof California)
199918010089 DELAWARE
4. Business Addresses
a Street Aadress Office
of Ptincnpal -Do nol a
listP0. Box City (no abbreviations) State 21pCode
4425 PONCE DE LEON BOULEVARD, 9TH FLOOR CORAL GABLES FL 33146
b Mailing Addless
o!LLC. dlflerent than item 4a
if abbreviations)
Cny (no State ZipCode
c. 4a
Slreet Address ol Calliornla Office,
Item
if isnotin Do
California -
not a P.O. Box
lust City (no abbreviatlons) State ZipCode
CA
If m
no managers have been appointed or elected. provide the name and address of each member, At lees: one name
If the manager/member is an rndi vidual, complete Items 5a and 5c (leave Hem 5b blank)
must be listed
address
If the manager/member is an
5' manager“) or Member(s) Ifthe LLC has
The LLC cannot serve as its own manager or member.
enu'ty. complete Items 5b and 5c (leave hem Sa blank).
Note.
addmonal manageIs/members. enterthe name(s) and addresses on Form LLC-1 2A (see instructions).
1a.Fast Name.an
if -Do not complete Hem 5b
Individual MiddleName LastName Sutfix
DAVID QUINT
b.EnlnyName-
Do hem 58
not complete
c Acaress City (no abbreviations) Slate ZipCode
4425 PONCE DE LEON BOULEVARD, 5TH FLOOR CORAL GABLES FL 33146
‘
Item 6a and 6b:
Ifme agent
is an lndlvldual. lne agent must reside in California and Item ea and 6b must be completed with the
6. Agent for service o f .
name and
agent's fthe agent is a California Registered Corporate Agent. a current agent registration
California address. Item 6c:
I
Process
certificate must be on file with the California Secretary o! State and Item 6c must be completed (leave Item Sash blank)‘
Name agem
a Calltornla Agent's First
(if Isnot a corpmafion) Name
Middle LastName Suffix
b Streel Address
agent
(if is -Do
not a ccrporaiion)not a P.O. Box
list City (no abbreviations) Slate ZipCode
A
Name
c Calncmia Registered Corporate Agent‘s
agenl
(if is - Do
a corporation) 6a
noi compieie item
or6b
Corporation Service Company which will do business in California as CSC—Lawyers Incorporating Service Clgémqq
7. Type of Business
a. me
Describe busmess
Iype cf me Company
Limited Liabmiy
or services oi
Financnal Institute
8. Chief Executive Officer,ifelected or appointed
a Name
First Name
Middle LastName Suffix
b.Address Ciiy (no abbreviations) Slate ZipCode
9. The infomiation contained any attachments,
herein. including istrueand correct.
06/ 14/2017 BRIAN BOMSTEIN SECREI'ARY
Date Type Name
or Print oi me Form
Person Completing Title Signature
purchasing a copy oi the filed document enter the name
Return Address (Optional) (For communication from the Secretary of State reiated to this document. or
if o! a
SEE INSTRUCTIONS BEFORE COMPLETING.)
person or company and the mailing address This inlormation will become public when filed.
Name: r 1
Company:
Address:
CityISiaie/Zip: L
LLC~ l 2 (REV 07/2016) 2016California Secretary of State
www sos.ca.gov/business/be
- _. _. I‘.UD/{-d
flats nt @aliinrm’a
ifiill yams
LLC-s
gamut? oi fitatc
LIMITED LIABILITY COMPANY
APPLICATION FOR REGISTRATION
MEQBIANI— Read instructions befom completing the form.
This document is presented for filing pursuant to Secfion 17451 of the California Corporations Code.
"
00mg)n y propo see m Va nsact business in
' ' '
1.
Nam$§§dcr2wmthg$eLorelanf Immd llaabilsdty
Callfomia:
InterBay Fundinq. LLC
2. Name of the foreign limihd Habilltycompany, ifdifferent fiom mat entered above:
3. sate (or other jurisdicfion) and date of formafion of the foreign llmtbd company:
liability
‘
D 9 D flow June 11' LQQQ
4, Enterthe name and addrm of me agentforservice of process and check me appropriam provision below.
C T CORPORATION SYSTEM .which Is
[ ]
anindividual midingln Califomla.
{ x ] a corporation Much has filed a certificate pursuant m Section 1505 of the California Corporations Code.
Skip Item 5 and proceed to lmm 6.
‘
5 Ifthe agentfor service of process isan individual.sntera complete business orresidenfial street address:
M
‘
Sheet address:
Ciy: sate: CA Zip Code:
6. The Secremry of Sate of California is hereby appoinhed as the agent for service of process on the foreign limited liability
company if the designated agent has resigned and has not been replaced or cannot be found and served with the
exercise of reasonable dflggnce.
7. Address ofthe principal executive office: 8. Address of the principal offiCe in California.ifany:
Address: 2565 Address:
i
s. Bayshore Dr” Ste-3Q1
ony- Miauu‘ 3 3‘ 3 3 '
Qty smm-_A_zm.cm.__c
t
9. Describe type of business ofthe Limited LiabllltyCompany.
Mortgage Loan Servicing and Originarinn
10. ms hereby declared that! am he person who For Secretary of sue: Use
execimd mls instrument. which execufian is
myactanddeed.
Han
199918010089
(ix J £3
Slbnemm oiauthortzed person
in {h e
OfHIED
offi'ice
theSemta
01 the State 0f
m
califorrymoa'
2! M E,“ mum JUN 25 1999
g.
o “a ; /[I/,12
I
,19)?
BILLJONES, Secretary of State
EOSTAT! (REV.707) NU LL“ --
HUNG HE 3M.
WodByOmIIy mm.
(CA083 - 4/22/98)cvw
’0
Sta'te of Delaware
PAGE 1
Office of the Secretary of State
I, EDWARD J. FREEL, SECRETARY OF STATE OF THE STATE OF
DELAWARE, DO HEREBY CERTIFY "INTERBAY FUNDING, LLC" IS DULY
FORMED UNDER THE LAWS 0F THE STATE OF DELAWARE AND IS IN GOOD
STANDING AND HAS A LEGAL EXISTENCE SO FAR AS THE RECORDS OF THIS
OFFICE SHOW, AS OF THE TWENTY-THIRD DAI OF JUNE, A.D. 1999.
AND I DO HEREBY FURTHER CERTIFY THAT THE ANNUAL TAXES HAVE
NOT BEEN ASSESSED TO DATE.
199918010089
Edward
M-LM
I. Freel, Secretary of State
AUIHENTICAHON: 9824352
3055720 8300
DATE
991255101 06-23-99
11/14/2018 About Our Company
DIVERSIFIED INVESTMENT SERVICES
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You ore here: Home / About
About
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11/14/2018 Cash Flow Business
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You ore here: Home / Cosh Flow Business
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