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IE
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Oct-25-2012 1:29 pm
Case Number: CGC-12-522638
Filing Date: Oct-25-2012 1:29
Filed by: MARYANN E. MORAN
Juke Box: 001 Image: 03817416
NOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED
RODOLFO VELASQUEZ VS. BANK OF AMERICA NATIONAL ASSOCIATION et al
001003817416
Instructions:
Please place this sheet on top of the document to be scanned.FLoor
BRYAN CAVE LLP
333 MARKET STREET, 25™
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
San Francisco, CA 94105
Telephone: (415) 675-3400
Facsimile: (415) 675-3434
E-mail: andrea. hicks@bryancave.com
ehsanianj@bryancave.com
Attorneys for Defendants
BANK OF AMERICA, N.A. (erroneously sued as “BANK OF AMERICA NATIONAL
ASSOCIATION”), and COUNTRYWIDE HOME LOANS, INC., dba AMERICA’S
WHOLESALE LENDER
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
RODOLFO VELASQUEZ,
Plaintiff,
Vv.
BANK OF AMERICA NATIONAL
ASSOCIATION; AMERICA’S
WHOLESALE LENDER; COUNTRY WIDE
Superior Court of California
‘ear of San Fremersen
OCT 25 2012
CLERK OF THE COURT
BY: Mey. Deputy Clerk
Case No.: CGC-12-522638
NOTICE OF ENTRY OF ORDER
DENYING PLAINTIFF’S MOTION
FOR RECONSIDERATION OR TO
VACATE THE COURT’S ORDER RE:
AMOUNT OF BOND
Date: October 25, 2012
HOME LOANS, INC.; and DOES 1 through Time: 9:30 a.m.
100, inclusive, Dept.: 501
Defendants.
NOTICE OF ENTRY OF ORDER i PL VAX E yBRYAN Cave LLP
333 MARKET STREET, 25™ FLOOR
SAN FRANCISCO, CA 94105
TO EACH PARTY AND TO THE COUNSEL OF RECORD FOR EACH PARTY:
PLEASE TAKE NOTICE on October 25, 2012 the Court in the above-referenced action
entered the ORDER DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION OR TO.
VACATE THE COURT’S ORDER RE: AMOUNT OF BOND attached hereto as Exhibit A
incorporated by this reference.
Dated: October 25, 2012 BRYAN CAVE LLP
By:
Jefsiga T. Ehsanian
Attorneys fot 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
1
NOTICE OF ENTRY OF ORDER.EXHIBIT ABRYAN Cave LLP
333 MARKET STREET, 25™ FLOOR
SAN FRANCISCO, CA 94105
ENDORSED FILED
BRYAN CAVE LLP COUNTY OF SAN
C. Scott Greene, Calif. Bar No. 277445 OCT 25 2012
Andrea M. Hicks, Calif. Bar No. 219836 +
Jessica T. Ehsanian, Calif. Bar No. 231541 CLERK of THE GouR
333 Market Street, 25" Floor sy; _—MARSHA SAT ag
San Francisco, CA 94105
Telephone: (415) 675-3400
Facsimile: (415) 675-3434
E-mail: andrea. hicks@bryancave.com
ehsanianj@bryancave.com
Attorneys for 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
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN FRANCISCO
RODOLFO VELASQUEZ, Case No.: CGC-12-522638
Plaintiff, If SOF OSEPY ORDER DENYING
PLAINTIFF’S MOTION FOR
v. RECONSIDERATION OR TO
VACATE THE COURT'S ORDER RE:
BANK OF AMERICA NATIONAL AMOUNT OF BOND
ASSOCIATION; AMERICA’S
WHOLESALE LENDER; COUNTRY WIDE Date: October 25, 2012
HOME LOANS, INC.; and DOES 1 through Time: 9:30 a.m.
100, inclusive, Dept.: 501
Defendants.
[PROPOSED] ORDER DENYING PLAINTIFF’S MOTION FOR,
RECONSIDERATION RE AMOUNT OF BOND.BRYAN CAVE LLP
333 MARKET STREET, 25™ FLOOR
SAN FRANCISCO, CA 9410S
0 wm QR DUH BF wBWN
BON | S
1S
Plaintiff's Motion for Reconsideration or to Vacate the Court’s Order re Amount of Bond
came on regularly for hearing on October 25, 2012 at 9:30 a.m. in Department 501 of the above-
entitled Court. Russell Davis, appeared on behalf of Plaintiff Rodolfo Velasquez (“Plaintiff”),
and Jessica T. Ehsanian appeared on behalf of Defendants Bank of America and Countrywide
Home Loans, Inc. dba America’s Wholesale Lender (collectively “Defendants”). The Court
being fully advised and good cause appearing therefore,
IT IS HEREBY ORDERED THAT:
1. Plaintiff's Motion For Reconsideration or to Vacate the Court’s Order Re: Amount
of Bond is DENIED. Plaintiff's Motion is void of any legal basis for a motion to vacate and fails
to meet the standard of a C.C.P §1008 motion.
2. Plaintiff is ordered to pay the bond amount of $17,868, as set forth in this Court’s
Order dated September 7, 2012.
3. As Plaintiff did not post a bond of $17,868 by September 28, 2012, pursuant to the
Court’s September 7, 2012 Order granting Plaintiff's Preliminary Injunction, the preliminary
injunction is dissolved.
IT IS SO ORDERED.
ACT 29 2002 RONALD E. QUIDACHAY
Dated:
HONORABLE RONALD E. QUIDACHAY
Judge of the Superior Court of San Francisco County
1
[PROPOSED] ORDER DENYING PLAINTIFF’S MOTION FOR
RECONSIDERATION RE AMOUNT OF BONDBRYAN CAVE LLP
333 MARKET STREET, 25™ FLOOR
SAN FRANCISCO, CA 94105
oe ND
CERTIFICATE OF SERVICE
Iam 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.
NOTICE OF ENTRY OF ORDER DENYING PLAINTIFF'S MOTION FOR
RECONSIDERATION OR TO VACATE THE COURT’S ORDER RE AMOUNT OF
BOND
On the interested parties in this action by placing a true copy thereof on October 25,
2012, enclosed in a sealed envelope, addressed as follows:
Law Offices of Russell Davis Attorney for Plaintiff
Russell Davis
29 Lakewood Avenue
San Francisco CA 94019
Tel: 415.409.5627
Fax: 415.520.2666
[] 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. 1 am aware that on motion of the party served, service is presumed
invalid if postal cancellation date or postage mete date is more than one day after date of
deposit for mailing in affidavit.
[X (BY 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.
I declare that | am employed within the office of a member of the bar of this Court at whose
direction the service was made.
Executed on October 25, 2012, at San Francisco, California.
SFO1DOCS\99866.1
PROOF OF SERVICE
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IE SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Oct-25-2012 1:29 pm Case Number: CGC-12-522638 Filing Date: Oct-25-2012 1:29 Filed by: MARYANN E. MORAN Juke Box: 001 Image: 03817416 NOTICE OF ENTRY OF ORDER/NOTICE OF RULING FILED RODOLFO VELASQUEZ VS. BANK OF AMERICA NATIONAL ASSOCIATION et al 001003817416 Instructions: Please place this sheet on top of the document to be scanned.FLoor BRYAN CAVE LLP 333 MARKET STREET, 25™ 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 San Francisco, CA 94105 Telephone: (415) 675-3400 Facsimile: (415) 675-3434 E-mail: andrea. hicks@bryancave.com ehsanianj@bryancave.com Attorneys for Defendants BANK OF AMERICA, N.A. (erroneously sued as “BANK OF AMERICA NATIONAL ASSOCIATION”), and COUNTRYWIDE HOME LOANS, INC., dba AMERICA’S WHOLESALE LENDER SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO RODOLFO VELASQUEZ, Plaintiff, Vv. BANK OF AMERICA NATIONAL ASSOCIATION; AMERICA’S WHOLESALE LENDER; COUNTRY WIDE Superior Court of California ‘ear of San Fremersen OCT 25 2012 CLERK OF THE COURT BY: Mey. Deputy Clerk Case No.: CGC-12-522638 NOTICE OF ENTRY OF ORDER DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION OR TO VACATE THE COURT’S ORDER RE: AMOUNT OF BOND Date: October 25, 2012 HOME LOANS, INC.; and DOES 1 through Time: 9:30 a.m. 100, inclusive, Dept.: 501 Defendants. NOTICE OF ENTRY OF ORDER i PL VAX E yBRYAN Cave LLP 333 MARKET STREET, 25™ FLOOR SAN FRANCISCO, CA 94105 TO EACH PARTY AND TO THE COUNSEL OF RECORD FOR EACH PARTY: PLEASE TAKE NOTICE on October 25, 2012 the Court in the above-referenced action entered the ORDER DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION OR TO. VACATE THE COURT’S ORDER RE: AMOUNT OF BOND attached hereto as Exhibit A incorporated by this reference. Dated: October 25, 2012 BRYAN CAVE LLP By: Jefsiga T. Ehsanian Attorneys fot 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 1 NOTICE OF ENTRY OF ORDER.EXHIBIT ABRYAN Cave LLP 333 MARKET STREET, 25™ FLOOR SAN FRANCISCO, CA 94105 ENDORSED FILED BRYAN CAVE LLP COUNTY OF SAN C. Scott Greene, Calif. Bar No. 277445 OCT 25 2012 Andrea M. Hicks, Calif. Bar No. 219836 + Jessica T. Ehsanian, Calif. Bar No. 231541 CLERK of THE GouR 333 Market Street, 25" Floor sy; _—MARSHA SAT ag San Francisco, CA 94105 Telephone: (415) 675-3400 Facsimile: (415) 675-3434 E-mail: andrea. hicks@bryancave.com ehsanianj@bryancave.com Attorneys for 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 SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN FRANCISCO RODOLFO VELASQUEZ, Case No.: CGC-12-522638 Plaintiff, If SOF OSEPY ORDER DENYING PLAINTIFF’S MOTION FOR v. RECONSIDERATION OR TO VACATE THE COURT'S ORDER RE: BANK OF AMERICA NATIONAL AMOUNT OF BOND ASSOCIATION; AMERICA’S WHOLESALE LENDER; COUNTRY WIDE Date: October 25, 2012 HOME LOANS, INC.; and DOES 1 through Time: 9:30 a.m. 100, inclusive, Dept.: 501 Defendants. [PROPOSED] ORDER DENYING PLAINTIFF’S MOTION FOR, RECONSIDERATION RE AMOUNT OF BOND.BRYAN CAVE LLP 333 MARKET STREET, 25™ FLOOR SAN FRANCISCO, CA 9410S 0 wm QR DUH BF wBWN BON | S 1S Plaintiff's Motion for Reconsideration or to Vacate the Court’s Order re Amount of Bond came on regularly for hearing on October 25, 2012 at 9:30 a.m. in Department 501 of the above- entitled Court. Russell Davis, appeared on behalf of Plaintiff Rodolfo Velasquez (“Plaintiff”), and Jessica T. Ehsanian appeared on behalf of Defendants Bank of America and Countrywide Home Loans, Inc. dba America’s Wholesale Lender (collectively “Defendants”). The Court being fully advised and good cause appearing therefore, IT IS HEREBY ORDERED THAT: 1. Plaintiff's Motion For Reconsideration or to Vacate the Court’s Order Re: Amount of Bond is DENIED. Plaintiff's Motion is void of any legal basis for a motion to vacate and fails to meet the standard of a C.C.P §1008 motion. 2. Plaintiff is ordered to pay the bond amount of $17,868, as set forth in this Court’s Order dated September 7, 2012. 3. As Plaintiff did not post a bond of $17,868 by September 28, 2012, pursuant to the Court’s September 7, 2012 Order granting Plaintiff's Preliminary Injunction, the preliminary injunction is dissolved. IT IS SO ORDERED. ACT 29 2002 RONALD E. QUIDACHAY Dated: HONORABLE RONALD E. QUIDACHAY Judge of the Superior Court of San Francisco County 1 [PROPOSED] ORDER DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION RE AMOUNT OF BONDBRYAN CAVE LLP 333 MARKET STREET, 25™ FLOOR SAN FRANCISCO, CA 94105 oe ND CERTIFICATE OF SERVICE Iam 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. NOTICE OF ENTRY OF ORDER DENYING PLAINTIFF'S MOTION FOR RECONSIDERATION OR TO VACATE THE COURT’S ORDER RE AMOUNT OF BOND On the interested parties in this action by placing a true copy thereof on October 25, 2012, enclosed in a sealed envelope, addressed as follows: Law Offices of Russell Davis Attorney for Plaintiff Russell Davis 29 Lakewood Avenue San Francisco CA 94019 Tel: 415.409.5627 Fax: 415.520.2666 [] 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. 1 am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage mete date is more than one day after date of deposit for mailing in affidavit. [X (BY 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. I declare that | am employed within the office of a member of the bar of this Court at whose direction the service was made. Executed on October 25, 2012, at San Francisco, California. SFO1DOCS\99866.1 PROOF OF SERVICE