Motion,Ex Parte: RODOLFO VELASQUEZ VS. BANK OF AMERICA NATIONAL ASSOCIATION et al

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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO

Document Scanning Lead Sheet
Oct-03-2012 11:48 am

Case Number: CGC-12-522638
Filing Date: Oct-03-2012 11:47
Filed by: MICHAEL RAYRAY

Juke Box: 001 Image: 03789599
GENERIC CIVIL FILING (NO FEE)

RODOLFO VELASQUEZ VS. BANK OF AMERICA NATIONAL ASSOCIATION et al

001003789599

Instructions:
Please place this sheet on top of the document to be scanned.BRYAN Cave LLP
333 MARKET STREET, 25™ FLOOR
SAN FRANCISCO. CA 94105

BRYAN CAVE LLP

C. Scott Greene, Calif. Bar No. 277445
Andrea M. Hicks, Calif. Bar No. 219836
Jessica T. Ehsanian, Calif. Bar No. 231541
333 Market Street, 25" Floor

FILED
SUPERIOR COU

BANK OF AMERICA, N.A. (erroneously sued as “BANK OF AMERICA NATIONAL
ASSOCIATION”), and COUNTRYWIDE HOME LOANS, INC., dba AMERICA’S

San Francisco, CA 94105

Telephone: (415) 675-3400

Facsimile: (415) 675-3434

E-mail: andrea. hicks@bryancave.com
ehsanianj@bryancave.com

Attorneys for Defendants ——

WHOLESALE LENDER

SUPERIOR COURT OF THE STATE OF CALIFORNIA

FOR THE COUNTY OF SAN FRANCISCO

KRODOLFO VELASQUEZ,
Plaintiff,
Vv.

BANK OF AMERICA NATIONAL
ASSOCIATION; AMERICA’S
WHOLESALE LENDER; COUNTRY WIDE
HOME LOANS, INC.; and DOES 1 through
100, inclusive,

Defendants.

Case No.: CGC-12-522638

DEFENDANTS’ OBJECTION TO
PLAINTIFF’S REQUEST FOR
JUDICIAL NOTICE IN OPPOSITION
TO DEFENDANTS’ DEMURRER

[Filed concurrently with Reply In Support
of Defendants’ Demurrer to Plaintiff's
Complaint]

Date: October 11, 2012
Time: 9:30 a.m.
Dept.: 501

DEFENDANTS’ OBJECTION TO PLAINTIFF’S REQUEST FOR JUDICIAL NOTICEBRYAN CAVE LLP
333 MARKET STREET, 25™ FLooR
SAN FRANCISCO, CA 94105

Defendants BANK OF AMERICA, N.A. (erroneously sued as “BANK OF AMERICA
NATIONAL ASSOCIATION”), and COUNTRY WIDE HOME LOANS, INC., dba AMERICA’S
WHOLESALE LENDER (collectively “Defendants”) hereby object to Plaintiff RODOLFO
VELASQUEZ’s (“Plaintiff”) Request for Judicial Notice (“Request”) in opposition to Defendants’
Demurrer. The Request should be denied on the grounds that Plaintiff fails to provide any
statutory basis or other basis for the Court to take judicial notice of the documents that are the
subject of the Request.

Plaintiff's Request, which requests judicial notice of an apparent internet webpage print-
out from the United States Patent and Trademark Office (“USPTO”), lacks citation to any
authority which would provide a basis upon which the Court could properly take judicial notice of
the document. Moreover, the document that is the subject of the Request lacks relevance to any of|
the issues before the Court for determination on Defendants’ Demurrer. (Evid. Code § 350.)
Moreover, Plaintiff's Request fails to state how the document has any relevance to the issues on
Demurrer.

For the foregoing reasons, Defendants respectfully request that the Court deny Plaintiff's

Request in its entirety.

Dated: October 3, 2012 BRYAN CAVE LLP

Jessida T. Ehsanian
Attorneysfor Defendants
BANK OF AMERICA, N.A. (erroneously sued
as “BANK OF AMERICA NATIONAL
ASSOCIATION”) and COUNTRY WIDE HOME
LOANS, INC., dba AMERICA’S WITOLESALE
LENDER

1

DEFENDANTS’ OBJECTION TO PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE.BRYAN CAVE LLP
333 MARKET STREET, 25™ FLooR

SAN FRANCISCO, CA 24105

CON DH

CERTIFICATE OF SERVICE

I am employed in the aforesaid County, State of California; I am over the age of eighteen
years and not a party to the within entitled action; my business address is: 333 Market Street, 25"
Floor, San Francisco, California 94105 and my email address is novakr@bryancave.com.

DEFENDANTS’ OBJECTION TO PLAINTIFF’S REQUEST FOR JUDICIAL NOTICE
IN OPPOSITION TO DEFENDANT’S DEMURRER

On the interested parties in this action by placing a true copy thereof on October 3, 2012,
enclosed in a sealed envelope, addressed as follows:

Law Offices of Russell Davis
Russell Davis

29 Lakewood Avenue

San Francisco CA 94019
Tel: 415.409.5627

Fax: 415.520.2666

Attorney for Plaintiff

[xx] BY MAIL: I caused such envelope to be deposited in the mail at San Francisco,
California. The envelope was mailed with postage thereon fully prepaid. As follows: I
am "readily familiar" with the firm's practice of collection and processing correspondence
for mailing. Under that practice, it would be deposited with U.S. postal service on that
same day with postage thereon fully prepaid at San Francisco, California in the ordinary
course of business. I am aware that on motion of the party served, service is presumed
invalid if postal cancellation date or postage meter date is more than one day after date of
deposit for mailing in affidavit.

CO (Y OVERNIGHT DELIVERY) Depositing the above document(s) in a box or other facility
regularly maintained by FedEx in an envelope or package designated by FedEx with delivery fees
paid or provided for.

0] VIA FACSIMILE: I caused such document(s) to be transmitted from facsimile number
(415) 675-3664 to the facsimile machine(s) of the above-listed party(ies) on the date
specified above. The transmission(s) was/were reported as complete and without error.
The party(ies) has/have agreed in writing to service of the document(s) listed above by
facsimile.

I declare that I am employed within the office of a member of the bar of this Court at whose
direction the service was made.

Executed on October 3 2012, at San Francisco, California.

Robert Novak

SFOIDOCS\99866.!

PROOF OF SERVICE