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  • Bruce Williams vs Bayview Serviceing Loan, LLC et al Other Real Property Unlimited (26)  document preview
  • Bruce Williams vs Bayview Serviceing Loan, LLC et al Other Real Property Unlimited (26)  document preview
  • Bruce Williams vs Bayview Serviceing Loan, LLC et al Other Real Property Unlimited (26)  document preview
  • Bruce Williams vs Bayview Serviceing Loan, LLC et al Other Real Property Unlimited (26)  document preview
						
                                

Preview

Bruce C. Williams BCW Consulting fill 25 N. 14‘“, San Jose, 408 Street, CA. 702-7914 suite 951 12 830 J0 4’1 8 Bcw0905(a)gmail.com 0v ‘ 0 m§¢ ‘ ‘4. ' go49 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. l6 17 On March 8, 2019, Judge Mary Arand issued an Order to Show Cause why Plaintiff‘s has l8 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 10 ll 12 14 15 16 l7 l9 20 21 RESPONSE To ORDER T0 snow CAUSE FOR FAILURE To SERVE -2 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‘ ' M ‘7) ' , ' Z 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. 20 [ ] (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 -3 SERVICE LIST Ix) 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 18 l9 20 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.’ I 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 Ix) 10 ll 12 '4) ._‘ 14 16 17 l8 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. 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