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  • RODOLFO VELASQUEZ VS. BANK OF AMERICA NATIONAL ASSOCIATION et al QUIET TITLE - REAL PROPERTY document preview
  • RODOLFO VELASQUEZ VS. BANK OF AMERICA NATIONAL ASSOCIATION et al QUIET TITLE - REAL PROPERTY document preview
  • RODOLFO VELASQUEZ VS. BANK OF AMERICA NATIONAL ASSOCIATION et al QUIET TITLE - REAL PROPERTY document preview
  • RODOLFO VELASQUEZ VS. BANK OF AMERICA NATIONAL ASSOCIATION et al QUIET TITLE - REAL PROPERTY document preview
  • RODOLFO VELASQUEZ VS. BANK OF AMERICA NATIONAL ASSOCIATION et al QUIET TITLE - REAL PROPERTY document preview
  • RODOLFO VELASQUEZ VS. BANK OF AMERICA NATIONAL ASSOCIATION et al QUIET TITLE - REAL PROPERTY document preview
  • RODOLFO VELASQUEZ VS. BANK OF AMERICA NATIONAL ASSOCIATION et al QUIET TITLE - REAL PROPERTY document preview
  • RODOLFO VELASQUEZ VS. BANK OF AMERICA NATIONAL ASSOCIATION et al QUIET TITLE - REAL PROPERTY document preview
						
                                

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U0 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 11:48 Filed by: MICHAEL RAYRAY Juke Box: 001 Image: 03789603 GENERIC CIVIL FILING (NO FEE) RODOLFO VELASQUEZ VS. BANK OF AMERICA NATIONAL ASSOCIATION et al Instructions: 001003789603 Please place this sheet on top of the document to be scanned.25™ Floor <4 94105 BRYAN Cave LLP 333 MARKET StRS=* SAN FRANCISCO FAXEID 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 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, Plaintiff, ve 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’ SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEMURRER [Filed concurrently with Reply In Support of Defendants’ Demurrer to Plaintiff's Complaint and Objection to Plaintiff's Request for Judicial Notice] Date: October 11, 2012 Time: 9:30 a.m. Dept.: 501 DEFENDANTS’ SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEMURRERBRYAN CAVE LLP. 333 MARKET STREET, 25™ FLooR SAN FRANCISCO, CA 9410S, wa Pursuant to section 452 (c) and (h) of the California Evidence Code, Defendants Bank of America, N.A. and Countrywide Home Loans, Inc., dba America’s Wholesale Lender (“Defendants”) respectfully requests that the Court take judicial notice of the documents that demonstrate that “America’s Wholesale Lender” was a fictitious business name of Countrywide in San Mateo County as well as Los Angeles County during the year of 1999. Defendants submit the following attached exhibits in support of this request, and in addition to the Request for Judicial Notice previously filed with the demurrer in this action: Exhibit J: A true and correct copy of the Fictitious Business Name Statement and Proof of] Production from the County Clerk Recorder of County of San Mateo, showing that America’s Wholesale Lender was in 1999 a fictitious business name of Countrywide Home Loans, Inc. as indicated by file number 212614. Exhibit J: A true and correct copy of the Fictitious Business Name Statement from the County Clerk Recorder’s Office for the County of Los Angeles, showing that America’s Wholesale Lender was in 1999 a fictitious business name of Countrywide Home Loans, Inc. as indicated by certificate number 02-1600566. Section 452(c) of the California Evidence Code provides that the Court may take judicial notice of “[o]fficial acts of the legislative, executive, and judicial departments of the United States and of any state of the United States.” Section 452(h) of the California Evidence Code provides that the Court may take judicial notice of “[f]acts and propositions that are not reasonably subject to dispute and are capable of immediate and accurate determination by resort to sources of reasonably indisputable accuracy.” The fact that “America’s Wholesale Lender” was a fictitious business name of Countrywide during the year of 1999 is not reasonably subjcct to dispute and is capable of immediate and accurate determination by resort to official governmental records of San Mateo and, Los Angeles Counties. Also, this fact is appropriate for judicial notice because the authorization of the use of the name by Countrywide is an official governmental record of the State of California and the Counties of San Mateo and Los Angeles. l DEFENDANTS’ SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEMURRER.BRYAN CAVE LLP 333 MARKET STREET, 25™ FLOOR SAN FRANCISCO, CA 94105 For the reasons above, Defendants respectfully request that this Court take judicial notice of the documents which demonstrate that “America’s Wholesale Lender” was a fictitious business name of Countrywide in San Mateo and Los Angeles Counties during the year of 1999, the year Plaintiff's loan was originated. Dated: October 3, 2012 BRYAN CAVE LLP 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 2 DEFENDANTS’ SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEMURRER i |CAS TSA OOUY WARREN SLOCUM, Assessor-County Clerk-Recorder Attn: Special Services A 555 County Center, ist Floor Me dye Redwood City, California 94063-1665 I \ TaER We MAR 8 & 2006 1. Submit Original and 3 copies, 2. Filing toe $28.00 for 1st Businass Name : WARREN SLOG and Registrant, $5.00 for each additional REN sic Business Name, and Partner, err r 3, Ptovide Renum Envelope, if mailed, i FICTITIOUS BUSINESS NAME STATEMENT ¢ue no. ZiAGIY 9 THE FOLLOWING PERSON(S) IS (ARE) DOING BUSINESS AS: x America's Wholesale Lender (iy, and Zip) 18 [ARE] HEREBY REGISTERED BY THE FOLLOWING OWNER(S}: 2 3 2% @) Countrywide Home Loans, inc. Gity'end Zipy {lt More Than 4 Registrants - Attach Additional Sheet Showing Owner Information) o8 E & OK This business is conducted by: C) an Individual (2 individuals — Husband and Wite ©) a General Partnership] Co-Periners Oa Umited Partnership a Corporation (1 a Business Trust () a Joint Venture C1 Limited o Lbiy Company Cl an Unincorporated Association — other than a Partnership () Other (Specify) .. 2 2K 3K ok 2k The registrant commenced to transact business under the fictitious businass name or names listed above on a 14a (Print namo of persetsigning and, if a Corporate Olficer, aiso stoic tite) THIS STATEMENT WAS FILED WITH WARREN SLOCUM, ASSESSOR-COUNTY CLERK-RECORDER, SAN MATEO COUNTY ON DATE INDICATED BY FILE STAMP ABOVE — — —— A FICTITIOUS BUSINESS NAME STATEMENT EXPIRES FIVE YEARS. FROM THE DATE IT WAS FILED IN THE OFFICE OF THE COUNTY CLERK When embossed, this is cortified to be a true copy of the THE FILING OF THIS STATEMENT DOES NOT. OF ITSELF — '0¢ords of the San Mateo Assessor-Counly Clesk-fecorder. AUTHORIZE THE _USE IN [HIS_STATE 0 ICTITIOUS yp Socamy Ang Couny Cie Recordr ESS NAME IN VIOLATION OF THE, RIGHTS OF a OTHER UNDER FEOERAL, STATE, OR COMMON LAW tell, Pret (SEF SECTION 14411 ET SEQ,, BUSINESS AND PROFESSIONS D CODE). COUNTY CLERK fev 102EXAMINER PENINSULA - BOUTIQUE & VILLAGER 2317 BROADWAY #110, REDWOOD CITY, CA 94063 ‘Telephone (650) 556-1556 | Fax (650) 692-7587 RICARDO CORPORATE RESEARCH SOLUTIONS, 2900 BRISTOL ST #D201 COSTA MESA, CA - 92626 PROOF OF PUBLICATION (2015.5 C.CP) State of Catitornia ) County of SAN MATEO dss Notice Type: FNS - FICTITIOUS BUSINESS NAME. Ad Description: AMERICA'S WHOLESALE LENDER am a citizen of the United States and a resident of the State of California; | am over the age of eighteen years, and nol a party to or interested in the above entitled matter. | ain the principal clerk of the printor and publisher of the EXAMINER PENINSULA - BOUTIQUE & VILLAGER, a newspaper published in the English language in the city of BURLINGAME, and adjudged a newspaper of general circulation as defined by the laws of the Stato of Califomia by the Superior Court of the County of SAN MATEO, State of California, under date of 10/12/1992, ase No. 241938. That the notice, of which the annexed is a printed copy, has been published in each regular anc entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 09/18/2006, 03/25/2006, 04/01/2008, 04/08/2006 Executed on: 04/08/2008 At Los Angeles, California tify (or declare) under penalty of peyury that the foregoing is tue and orrect Signature —__________3Y. PEN2#: 936004 FICTITIOUS BUSINESS NAME STATEMENT LENDER,” 3500. Park Granada, CH-11, Calabasa, Ga'o1302, Gountymide Here Loans Ine. 4500 Park. Grange, Calabosns, CA 91902 This busiegs 18 conducted by a Corporat The rogietinns) cormmnencod fo Wanract busnene undar the lieutious business name of eames beled abi on tal af iloveaiion ‘ialeinent is Cue 3d vegewam wn In inioreation County low Hadeleine Bruley. Deputy Cleve 325, 4/1 4/0706, PEND. EXAMINER PENINSULA - BOUTIQUE 4 VILLAGER. Ties space for fing sian ly FILED. Aaa, EARMATEO EET CALE APR 4 7 2006 pWARREN SLOCUM, County Clark DEPUT? CLERKNEON tN SHEET 02-1600566 RECORDED/FILED IN OFFICIAL RECORDS, RECORDER'S OFFICE LOS ANGELES COUNTY CALIFORNIA, 1:01AM JUL 11 2002 FEE SPACE ABOVE THIS LINE FOR RECORDERS USE TITLE(S) Fictitious Name Statement D.T.7. Assessor's Identification Number (AIN) To Be Completed By Examiner OR Title Company In Black Ink A THIS FORM IS NOT TO BE DUPLICATED A Number of Parcels Shown AREGISTRAR - RECORDER / COUNTY CLERK's FILING STAMP. Name: Countrywide Home Loans, Inc. 2-16 00566 Address: 4500 Park Granada, MS CH-1 A City: Calabasas, CA 91302 1 First Filing ( Renewal Filing FICTITIOUS BUSINESS NAME STATEMENT THE FOLLOWING PERSON(S) IS (ARE) DOING BUSINESS AS: (Attach additional pages if required) Fictitious Business Name(s) 3 1. America's Wholesale Lender 2ie ‘Articles of incorporation or Organization Number (if applicable) Al#/ON See attached articles. Street Address & City of Principal Place of Business in California (P.O. Box alone not acceptable) Zip Code 4500 Park Granada, MS CH-11, Calabasas, CA 91302 Full name of Registrant (i corporation - incorporated in what state) Countrywide Home Loans, Inc. New York Residence Street Address City State Zip Code 4500 Park Granada, MS CH-11, Calabasas, CA 91302 AA Full name of Registrant (if corporation - incorporated in what state) Residence Street Address City State Zip Code 4B Full name of Registrant {if corporation - incorporated in what state) Residence Street Address City State Zip Code This Business is (_) an individual (|) @ generat partnership ( ) joint venture (—-) a business vust 5 eee on { ) compartners (husband and wife (Vv) acorporation ( ) atimited partnership (_) an unincorporated association other than a partnership (_) a limited lability company G | (7 } The resistant commenced to wansact business under the fctious business name or names sted on (Date): February 18, 1993 (_) Registrant has not yet begun to transact business under the fictitious business name or names listed herein. 7 I declare that all Information in this statement is true and correct. (A registrant who deciares as true Information which he or she knows to be fatse is guilty of a crime.) Signature of Registran\(s) Registrant 1S 9 CORPORATION, sign below 8 8A Countrywide Home Loans, Inc. Signature ‘ypelprini name LK or Company Name Signature Typelprint name Corte Signature aesision Secretary Signatore ‘ypelpint name Tile Tanya Schneider Signature — iype/print name Type or Print Name This statement was filed with the County Clerk of LOS ANGELES County on date indicated by file stamp above, NOTICE - THIS FICTITIOUS NAME STATEMENT EXPIRES FIVE YEARS FROM DATE IT WAS FILED IN THE OFFICE OF THE COUNTY CLERK. A NEW FICTITIOUS BUSINESS NAME STATEMENT MUST BE FILED PRIOR TO THAT DATE. The filing of this statement does not of itself authorize the use in this stale of a fictitious business name in violation of the rights of another under federal, state, or common law (See Sy Seq., Business “ty hfessans Co aye REGISTRAR - RECORDERICOUNTY CLERK THIS FORM SHOULD BE TYPED BUSINESS FILING AND REGISTRATION FILING FEE: $10.00 for 1 FBN and 2 registrants OR PRINTED “LEGIBLY" IN BLACK INK. P.O. BOX 53592, LOS ANGELES, CA 90053-0592 plus $2.00 for each additional FBN/registrant. ol’ x vr (Rev. r PH: (862) 462-2177 |BRYAN Cave LLP 333 MARKET STREET, 25” FLoor SAN FRANCISCO, CA 94105 CERTIFICATE OF SERVICE Tam employed in the aforesaid County, State of California; | 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’ SUPPLEMENTAL REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF 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 m "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. ( (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. t 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 8 ( ‘rancisco, California. Robert Novak SFOIDOCS\99866.! PROOF OF SERVICE