Preview
JU/v
BCW
.
Bruce C.
. .
Wllllams Consultmg I 0 20’9
25 N. 14*“, Street Suite 830
San Jose. CA. 951 12
408 702-7914
Bcw0905@gmail.com
SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA
191 N. FIRST STREET, SAN JOSE, CA. 951 13
BRUCE C. WILLIAMS, Case No.1 18cv328516
Plaintiff,
OPPOSITION TO FIDELITY NATIONAL
VS.
TITLE MOTION TO CHANGE VENUE
BAYVIEW SERVICEING, LOAN LLC,
FIDELITY NATIONAL TITLE AND INS..
INTERBAY FUNDING, DIVERSIFIED
INVESTMENT SERVICE, BAYVIEW LOAN
SERVICING. LLC. AND DOES 1—50.
Defendant
I. LEGAL ARGUMENT
A. Fidelity’s Motion for Change 0f Venue, Filed More than 35 Days After Service 0f the
Complaint is Untimely
The deadline for filing a motion for change of venue is 30 days after service 0fthe complaint.
The deadline governed by Code of Civil Procedure § 396b(a). which provides in pertinent part:
[1]f an action or proceeding is commenced in a court having jurisdiction 0f the subject matter
thereof, other than the court designated as the proper court for the trialthereof, under this title,
the action may. notwithstanding, be tried in the court where commenced, unless the defendant, at
the time he 0r she answers, demurs, or moves to strike, or, at his 0r her option, without
answering, demurring, or moving to strike and within the time otherwise allowed to respond to
the complaint. files with the Clerk, a notice of motion for an order transferring the action 0r
proceeding to the proper court.
OBJECTION TO MOTION TO CHANGE VENUE
- 1
A defendant must file an answer. demurrer, 0r motion t0 strike within 30 days after service of the
complaint. CCP §§ 412.20(a)(3), 430.40, 435(b)(1). Thus, because the motion for change of
venue must be filed within the time otherwise allowed to answer, demur, 0r move t0 strike, and
such time otherwise allowed is 30 days after service ofthe complaint, the deadline for filing a
motion for change 0f venue is30 days after service 0fthe complaint.
II.CONCLUSION
Based 0n all of the foregoing reasons, plaintiffs respectfully request that the Court deny
Fidelity’s motion for change of venue.
Dated this 2nd, June, 2019
@MWM;
Bruce CTWill‘iEms, Plaintiff
OBJECTION TO MOTION TO CHANGE VENUE
7
PROOF OF SERVICE
IQ
State ofCalifomia )
'4) )ss.
County of Santa Clara )
I am employed in the County of Santa Clara, State of California. I am over the
age 0f '18 and not a party t0 the within action. My business address,
¥N’I€£W%,fmfiséZA—. On June. 2nd 2019. served the foregoing
L
I
I
document described as: /)\
5/ /
OBJECTION TO MOTION TO CHANGE VENUE
SEE ATTACHED SERVICE LIST
[X] (BY FACSIMILE) The facsimile machine I 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 ofthe transaction.
[X] (BY MAIL. 1013a,2015.5 C.C.P.)
[X] I deposited such envelope in the mail at Santa Clara, California. 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. I am aware that 0n motion of the party served, service ispresumed
invalid ifpostal cancellation date 0r postage meter date is more than one day after date of deposit
for mailing in affidavit.
[ ] (BY PERSONAL SERVICE) I caused the foregoing envelope to be
delivered by hand to the addressee on the attached Service List.
[ ] (BY FEDERAL EXPRESS ) I caused the foregoing envelope t0 be
delivered by xxxx FEDEX
[X] (STATE) I declare under penalty of perjury under the laws 0fthe State 0f
California that the above is true and correct.
6 away
begrea
Name of Declarant
i ature
SERVICE LIST
OBJECTION TO MOTION TO CHANGE VENUE
- 3
FIDELITY NATIONAL TITLE INSURANCE COMPANY
(x)
By serving CT Corporation, Agent for Service
Gabriela Sanchez, Intake Specialist, Authorized to Accept Service
818 West 7‘“
b) Street
Los Angeles. CA. 90017
ZIEVE, BRODNAX & STEELE, LLP
John C. Steele, Bar No. 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: 310-733—4488 Fax: 3 10-836—4888
Attorney for: BAYVIEW LOAN SERVICING, LLC
l4
15
16
l7
18
OBJECTION TO MOTION TO CHANGE VENUE
-4
Preview
JU/v BCW . Bruce C. . . Wllllams Consultmg I 0 20’9 25 N. 14*“, Street Suite 830 San Jose. CA. 951 12 408 702-7914 Bcw0905@gmail.com SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 191 N. FIRST STREET, SAN JOSE, CA. 951 13 BRUCE C. WILLIAMS, Case No.1 18cv328516 Plaintiff, OPPOSITION TO FIDELITY NATIONAL VS. TITLE MOTION TO CHANGE VENUE BAYVIEW SERVICEING, LOAN LLC, FIDELITY NATIONAL TITLE AND INS.. INTERBAY FUNDING, DIVERSIFIED INVESTMENT SERVICE, BAYVIEW LOAN SERVICING. LLC. AND DOES 1—50. Defendant I. LEGAL ARGUMENT A. Fidelity’s Motion for Change 0f Venue, Filed More than 35 Days After Service 0f the Complaint is Untimely The deadline for filing a motion for change of venue is 30 days after service 0fthe complaint. The deadline governed by Code of Civil Procedure § 396b(a). which provides in pertinent part: [1]f an action or proceeding is commenced in a court having jurisdiction 0f the subject matter thereof, other than the court designated as the proper court for the trialthereof, under this title, the action may. notwithstanding, be tried in the court where commenced, unless the defendant, at the time he 0r she answers, demurs, or moves to strike, or, at his 0r her option, without answering, demurring, or moving to strike and within the time otherwise allowed to respond to the complaint. files with the Clerk, a notice of motion for an order transferring the action 0r proceeding to the proper court. OBJECTION TO MOTION TO CHANGE VENUE - 1 A defendant must file an answer. demurrer, 0r motion t0 strike within 30 days after service of the complaint. CCP §§ 412.20(a)(3), 430.40, 435(b)(1). Thus, because the motion for change of venue must be filed within the time otherwise allowed to answer, demur, 0r move t0 strike, and such time otherwise allowed is 30 days after service ofthe complaint, the deadline for filing a motion for change 0f venue is30 days after service 0fthe complaint. II.CONCLUSION Based 0n all of the foregoing reasons, plaintiffs respectfully request that the Court deny Fidelity’s motion for change of venue. Dated this 2nd, June, 2019 @MWM; Bruce CTWill‘iEms, Plaintiff OBJECTION TO MOTION TO CHANGE VENUE 7 PROOF OF SERVICE IQ State ofCalifomia ) '4) )ss. County of Santa Clara ) I am employed in the County of Santa Clara, State of California. I am over the age 0f '18 and not a party t0 the within action. My business address, ¥N’I€£W%,fmfiséZA—. On June. 2nd 2019. served the foregoing L I I document described as: /)\ 5/ / OBJECTION TO MOTION TO CHANGE VENUE SEE ATTACHED SERVICE LIST [X] (BY FACSIMILE) The facsimile machine I 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 ofthe transaction. [X] (BY MAIL. 1013a,2015.5 C.C.P.) [X] I deposited such envelope in the mail at Santa Clara, California. 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. I am aware that 0n motion of the party served, service ispresumed invalid ifpostal cancellation date 0r postage meter date is more than one day after date of deposit for mailing in affidavit. [ ] (BY PERSONAL SERVICE) I caused the foregoing envelope to be delivered by hand to the addressee on the attached Service List. [ ] (BY FEDERAL EXPRESS ) I caused the foregoing envelope t0 be delivered by xxxx FEDEX [X] (STATE) I declare under penalty of perjury under the laws 0fthe State 0f California that the above is true and correct. 6 away begrea Name of Declarant i ature SERVICE LIST OBJECTION TO MOTION TO CHANGE VENUE - 3 FIDELITY NATIONAL TITLE INSURANCE COMPANY (x) By serving CT Corporation, Agent for Service Gabriela Sanchez, Intake Specialist, Authorized to Accept Service 818 West 7‘“ b) Street Los Angeles. CA. 90017 ZIEVE, BRODNAX & STEELE, LLP John C. Steele, Bar No. 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: 310-733—4488 Fax: 3 10-836—4888 Attorney for: BAYVIEW LOAN SERVICING, LLC l4 15 16 l7 18 OBJECTION TO MOTION TO CHANGE VENUE -4