Preview
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