On July 24, 2012 a
Motion-Secondary
was filed
involving a dispute between
Velasquez, Rodolfo,
and
America'S Wholesale Lender,
Bank Of America, N.A., (Erroneously Sued As Bank,
Bank Of America, N.A. (Erroneously Sued As Bank Of,
Bank Of America National Association,
Countrywide Home Loans Inc.,
Countrywide Home Loans, Inc., Dba America'S,
Does 1 To 100,
for civil
in the District Court of San Francisco County.
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SUPERIOR COURT OF CALIFORNIA
COUNTY OF SAN FRANCISCO
Document Scanning Lead Sheet
Sep-24-2012 9:36 am
Case Number: CGC-12-522638
Filing Date: Sep-24-2012 9:36
Filed by: RONNIE OTERO
Juke Box: 001 Image: 03774914
MEMORANDUM OF POINTS AND AUTHORITIES
RODOLFO VELASQUEZ VS. BANK OF AMERICA NATIONAL ASSOCIATION et al
001003774914
Instructions:
Please place this sheet on top of the document to be scanned.oO ND HW BF WN
Nb Re Y NY YN NN NY YY Se He Be Be Be Be ewe ew ew Ee
oN DA A FF YH = SOM AA A BRB wOH BS
LAW OFFICES OF RUSSELL DAVIS
Russell Davis (SB 177959)
29 Lakewood Avenue
San Francisco, CA 94109
Tel.: (415) 409-5627
Fax: (415) 520-2666
Attorneys for Plaintiff
THE SUPERIOR COURT OF SAN FRANCISCO COUNTY
UNLIMITED JURISDICTION
RODOLFO VELASQUEZ, ACTION NO.:CGC-12-522638
Supplemental Points and Authorities in
Plaintiff, Opposition to Defendants’
Demurrer
vs.
BANK OF AMERICA NATIONAL Date: October 11, 2012
ASSOCIATION, AMERICA’S Time: 9:30 am
WHOLESALE LENDER, Dept.: 501
COUNTRYWIDE HOME LOANS INC.,
DOES 1-100
Defendants.
Introduction
In their demurrer the defendants claim that the Eighth Cause of Action for Injunction fails
because injunctive relief is a remedy, and not a cause of action. However, many cases say otherwise.
Argument
The Eighth Cause of Action.
Injunctive relief as a cause of action was recognized by the courts as follows:
City of Colton v. Gaylor W. Singletary, No. E052377 (Cal.App. Dist.4 05/30/2012) versus law
format paras. 23, 26 (sixth cause of action for injunctive relief recognized), Art Movers Inc. v. Ni
West Inc., 3 Cal. App. 4th 640, 4 Cal. Rptr. 2d 689 (Cal.App.Dist.2 02/11/1992) (party bringing
cause of action for permanent injunctive relief), Warren-Guthrie v. Health Net, 84 Cal.App.4th 804,
84 Cal.App.4th 804, 101 Cal.Rptr.2d 260, 101 Cal.Rptr.2d 260 (Cal.App. 11/06/2000), versus law
format paras. 50-54, (demurrer to cause of action for injunctive relief not sustained.).Conclusion
For the foregoing reasons, plaintiff respectfully requests the court to overrule the demurrer
to the Eighth Cause of Action; however, if it should sustain any portion of the demurrer the plaintiff
requests leave to amend.
Dated: Sept. 22, 2012
ey
Russ€ll Davis, Attorney for PlaintiffPROOF OF SERVICE BY MAIL
I declare that:
I am employed in the County of San Francisco, State of California. I am over 18
years of age and not a party to the within action. My business address is 29 Lakewood
Avenue, San Francisco, CA 94127.
On the date signed hereunder, I served the within SUPPLEMENTAL POINTS
AND AUTHORITIES IN OPPOSITION TO DEFENDANTS’ DEMURRER, by placing
a true copy thereof, enclosed in a sealed envelope, with certified mail, first class postage
fully prepaid thereon, return receipt requested, in the United States Mail at San Francisco,
California, addressed as follows:
Jessica Ehsanian, Esq.
333 Market Street, ain Floor
San Francisco, CA 94105
I declare under penalty of perjury under the laws of California that the foregoing is
true and correct. Executed on September 22, 2012 at San Francisco, California.
ert, —
ussell Davis
Document Filed Date
September 24, 2012
Case Filing Date
July 24, 2012
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SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN FRANCISCO Document Scanning Lead Sheet Sep-24-2012 9:36 am Case Number: CGC-12-522638 Filing Date: Sep-24-2012 9:36 Filed by: RONNIE OTERO Juke Box: 001 Image: 03774914 MEMORANDUM OF POINTS AND AUTHORITIES RODOLFO VELASQUEZ VS. BANK OF AMERICA NATIONAL ASSOCIATION et al 001003774914 Instructions: Please place this sheet on top of the document to be scanned.oO ND HW BF WN Nb Re Y NY YN NN NY YY Se He Be Be Be Be ewe ew ew Ee oN DA A FF YH = SOM AA A BRB wOH BS LAW OFFICES OF RUSSELL DAVIS Russell Davis (SB 177959) 29 Lakewood Avenue San Francisco, CA 94109 Tel.: (415) 409-5627 Fax: (415) 520-2666 Attorneys for Plaintiff THE SUPERIOR COURT OF SAN FRANCISCO COUNTY UNLIMITED JURISDICTION RODOLFO VELASQUEZ, ACTION NO.:CGC-12-522638 Supplemental Points and Authorities in Plaintiff, Opposition to Defendants’ Demurrer vs. BANK OF AMERICA NATIONAL Date: October 11, 2012 ASSOCIATION, AMERICA’S Time: 9:30 am WHOLESALE LENDER, Dept.: 501 COUNTRYWIDE HOME LOANS INC., DOES 1-100 Defendants. Introduction In their demurrer the defendants claim that the Eighth Cause of Action for Injunction fails because injunctive relief is a remedy, and not a cause of action. However, many cases say otherwise. Argument The Eighth Cause of Action. Injunctive relief as a cause of action was recognized by the courts as follows: City of Colton v. Gaylor W. Singletary, No. E052377 (Cal.App. Dist.4 05/30/2012) versus law format paras. 23, 26 (sixth cause of action for injunctive relief recognized), Art Movers Inc. v. Ni West Inc., 3 Cal. App. 4th 640, 4 Cal. Rptr. 2d 689 (Cal.App.Dist.2 02/11/1992) (party bringing cause of action for permanent injunctive relief), Warren-Guthrie v. Health Net, 84 Cal.App.4th 804, 84 Cal.App.4th 804, 101 Cal.Rptr.2d 260, 101 Cal.Rptr.2d 260 (Cal.App. 11/06/2000), versus law format paras. 50-54, (demurrer to cause of action for injunctive relief not sustained.).Conclusion For the foregoing reasons, plaintiff respectfully requests the court to overrule the demurrer to the Eighth Cause of Action; however, if it should sustain any portion of the demurrer the plaintiff requests leave to amend. Dated: Sept. 22, 2012 ey Russ€ll Davis, Attorney for PlaintiffPROOF OF SERVICE BY MAIL I declare that: I am employed in the County of San Francisco, State of California. I am over 18 years of age and not a party to the within action. My business address is 29 Lakewood Avenue, San Francisco, CA 94127. On the date signed hereunder, I served the within SUPPLEMENTAL POINTS AND AUTHORITIES IN OPPOSITION TO DEFENDANTS’ DEMURRER, by placing a true copy thereof, enclosed in a sealed envelope, with certified mail, first class postage fully prepaid thereon, return receipt requested, in the United States Mail at San Francisco, California, addressed as follows: Jessica Ehsanian, Esq. 333 Market Street, ain Floor San Francisco, CA 94105 I declare under penalty of perjury under the laws of California that the foregoing is true and correct. Executed on September 22, 2012 at San Francisco, California. ert, — ussell Davis