Preview
ELECTRONICALLY FILED
Superior Court of California,
County of Placer
09/11/2020
ELEANOR M. ROMAN (State Bar No. 178736) By: Laurel Sanders, Deputy Clerk
severson.com.
SEVERSON & WERSON
A Professional Corporation
One Embarcadero Center, Suite 2600
San Francisco, Califomia 94111
‘Telephone: (415) 398-3344
Facsimile: (415) 956-0439
ROBERT J. GANDY (State Bar No. 225405)
SEVERSON & WERSON
A Professional Corporation
The Atium.
19100 Von Karman Avenue, Suite 700
Irvine, Califomia 92612
Telephone: (949) 442-7110
Facsimile: (949) 442-7118
10 Attol for Defendant
MORTGAGE ELECTRONIC REGISTRATION
11 SYSTEMS, INC.
12 SUPERIOR COURT OF CALIFORNIA.
13 COUNTY OF PLACER
14
15 SVETLANA TISKIY, Case No. SCV0044678
16 Plaintiff, DEFENDANT MORTGAGE
ELECTRONIC REGISTRATION
17 vs. SYSTEMS, INC.’S NOTICE OF
DEMURRER AND DEMURRER TO
18 CLEAR RECON CORP.; WILMINGTON PLAINTIFF’S COMPLAINT
SAVINGS FUND SOCIETY, FSB, D/B/A
19 CHRISTIANA TRUST, NOT Filed concurrently with Memorandum of
INDIVIDUALLY BUT AS TRUSTEE FOR Points and Authorities; Request for Judicial
20 CARLSBAD FUNDING MORTGAGE Notice; Declaration of EleanorM. Roman.
TRUST BY RUSHMORE LOAN
21 MANAGEMENT SERVICES, LLC, IT’S Date: October 8, 2020
APPOINTED ATTORNEY IN FACT; Time: 8:30am.
22 MORTGAGE ELECTRONIC
23
REGISTRATION SY STEMS, INC.;
RUSHMORE LOAN MANAGEMENT
Judge: Hon. Charles Wachob
SERVICES, LLC; all persons known and. Action Filed: Apiil 1, 2020
24. unknown, including any legal or equitable Trial Date: None Set
apa
right, title estate, lien, or interest in
25 described in the complaint adverse to
stitle, orany cloud upon plaintiff's
26 title thereto; and DOES 1 through 20,
inclusive,
27 Defendants.
28
70000.3660/15444015.1
DEFENDANT MORTGAGE ELECTRONIC REGISTRATION SY STEMS, INC.’S NOTICE OF DEMURRER
AND DEMURRER TO PLAINTIFF’ S COMPLAINT
TO THE COURT
AND TO ALL PARTIES AND TO THEIR ATTORNEYS OF
RECORD, PLEASE TAKE NOTICE THAT:
On October8, 2020
at 8:30 am. or as soon thereafter as the matter may be heard in in
Department 42 of the above-entitled Court located at 10820 Justice Center Drive, Roseville, CA
95678, the Honorable Charles Wachob presiding, Defendant MORTGAGE ELECTRONIC
REGISTRATIONS SY STEMS, INC. (“MERS”) will and hereby does demunrer
to plaintiff,
SVETLANA TISKIY’S (“Tisky” or “Plaintiff”) Complaint, (the “Complaint”).
PLEASE TAKE FURTHER NOTICE THAT:
Pursuant to Local Rule 20.2.3, the court will issue a tentative ruling for this matter on the
10 court day before the hearing. The tentative ruling will be available after 12:00 noon as an audio
11 recording accessible at (916) 408-6480; the tentative nuling will also be available
at the court’s
12 website, www.placer.courts.ca.gov. The tentative ruling shall become the final ruling on the matter
13 and no hearing will be held unless oral argument is timely requested or the tentative ruling
14 indicates otherwise. Requests
for oral argument
must be made by calling (916) 408-6481 no later
15 than 4:00 p.m. on the court day prior to the hearing.
16 The Demurrer is made under Code of Civil Procedure§ 430.10(e) on the grounds that
17 Plaintiffs’ Complaint fails to state facts sufficient
to constitute any of the two causes of action
18 alleged therein against MERS: 1) the First Cause of Action for Wrongful Foreclosure; and 2) the
19 Sixth Cause of Action to Quiet Title. The Demunrer is based on this Notice, the Demunrer, the
20 Memorandum of Points and Authorities in support of the Demunrer and the Request for Judicial
21 Notice in support of the Demunrer, the Declaration of Eleanor M. Roman re Further Attempt to
22 Meet and Confer
as well as on the Complaint
and all other pleadings
and papers on file
in this
23 action.
24. DATED: September 3, 2020 SEVERSON & WERSON
A Professional Corporation
25 >
By: ¢ =
26
ELEANOR M. ROMAN
27 Attomeys for Defendant MORTGAGE ELECTRONIC
REGISTRATION SY STEMS, INC.
28
70000.3660/15444015.1 2
DEFENDANT MORTGAGE ELECTRONIC REGISTRATION SY STEMS, INC.’S NOTICE OF DEMURRER
AND DEMURRER TO PLAINTIFF’ S COMPLAINT
DEMURRER
Defendant MORTGAGE ELECTRONIC REGISTRATIONS SY STEMS, INC. (“MERS”)
demurs to plaintiff, SVETLANA TISKTY’S (“Tisky” or “Plaintiff”) Complaint, (the “Complaint”)
as follows':
1 The First Cause of Action for Wrongful Foreclosure fails to state facts sufficient to
constitute such a cause of action. Code Civ. Proc. §430.10(e).
2. The Sixth Cause of Action to Quiet Title fails to state facts sufficient to constitute
such a cause of action. Code Civ. Proc. §430.10(e).
DATED: September 3, 2020 SEVERSON & WERSON
10 A Professional Corporation
11
> 3
==.
12
By:
13 ELEANOR M. ROMAN
14 Attomeys for Defendant MORTGAGE ELECTRONIC
REGISTRATION SY STEMS, INC.
15
16
17
18
19
20
21
22
23
24.
25
1 The caption page of the Complaint lists 5 causes of action: 1) fraud by deceit against
26 Wilmington; 2) fraud by deceit against Rushmore; 3) violation of Business and Professions Code
Section 17200 against Rushmore; 4) violation of Business and Professions Code Section 17200
27
against Wilmington; and 5) quiet title againstall defendants. However, the substance of the
28 Complaint also includes a first cause of action title, Wrongful Foreclosure against all defendants.
70000.3660/15444015.1 3
DEFENDANT MORTGAGE ELECTRONIC REGISTRATION SY STEMS, INC.’S NOTICE OF DEMURRER
AND DEMURRER TO PLAINTIFF’ S COMPLAINT
PROOF OF SERVICE
Svetlana T’ vs. Clear Recon C eal.
PLACER County Superior Court Case No. SCV0044678
At the time of service, I was over18 years of age and not a party to this action. Iam
loyed in the County of Orange, State of Califomia. My business address is The Atrium,
19100 Von Karman Avenue, Suite 700, Irvine, CA 92612.
On 3, 2020, I served true copies of the following document(s)
MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.’S NOTICE OF
DEMURRER AND DEMURRER TO PLAINTIFF’
S COMPLAINT on the interested parties
in this action as follows:
Clifford B. Scherer, Attorney for Plaintiff
Law Offices of Clifford B. Scherer SVETLANA TISKIY
800 Sunrise Ave., Suite C
Roseville, CA 95661 Telephone: (916) 298-7390
10 Email: cliffscherer@cliffordscheredaw.com
11 Peter]. Salmon, Esq. Attorne for Defendants
JillianA. Benbow, Esq. RUSHMORE LOAN MANAGEMENT
12 Aldridge Pite, LLP SERVICES, LLC and WILMINGTON
4375 Jutland Dr., Suite 200 SAVINGS FUND SOCIETY, FSB
13 P.O. Box 17985
San Diego, CA 92177 Telephone: (858) 750-7600
14 Facsimile: (619) 590-1385
Email: jbenbow@aldridgepite.com
15
kK] BY MAIL: I enclosed the document(s) in a sealed envelope or addressedto the
16 persons at the addresses listed in the Service List and placed the envelope for collection and
mailing, following our ordinary business practices. I am readily familiar with Severson &
17 Werson's practice for coll and processing correspondence for mailing. On the same day that
mdence is placed for collection and mailing, it is deposited in the ordinary course of
18 business with the United States Postal Service, in a sealed envelope with postage fully prepaid.
19 I declareunder penalty of perjury
under the laws of the State of Califomia
that the
foregoing is true and cot
20
Executed on September 3, 2020, at Irvine, Califomia.
21
22
nN Aver
23
24.
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70000.3660/15444015.1 4
DEFENDANT MORTGAGE ELECTRONIC REGISTRATION SY STEMS, INC.’S NOTICE OF DEMURRER
AND DEMURRER TO PLAINTIFF’ S COMPLAINT
Preview
ELECTRONICALLY FILED Superior Court of California, County of Placer 09/11/2020 ELEANOR M. ROMAN (State Bar No. 178736) By: Laurel Sanders, Deputy Clerk severson.com. SEVERSON & WERSON A Professional Corporation One Embarcadero Center, Suite 2600 San Francisco, Califomia 94111 ‘Telephone: (415) 398-3344 Facsimile: (415) 956-0439 ROBERT J. GANDY (State Bar No. 225405) SEVERSON & WERSON A Professional Corporation The Atium. 19100 Von Karman Avenue, Suite 700 Irvine, Califomia 92612 Telephone: (949) 442-7110 Facsimile: (949) 442-7118 10 Attol for Defendant MORTGAGE ELECTRONIC REGISTRATION 11 SYSTEMS, INC. 12 SUPERIOR COURT OF CALIFORNIA. 13 COUNTY OF PLACER 14 15 SVETLANA TISKIY, Case No. SCV0044678 16 Plaintiff, DEFENDANT MORTGAGE ELECTRONIC REGISTRATION 17 vs. SYSTEMS, INC.’S NOTICE OF DEMURRER AND DEMURRER TO 18 CLEAR RECON CORP.; WILMINGTON PLAINTIFF’S COMPLAINT SAVINGS FUND SOCIETY, FSB, D/B/A 19 CHRISTIANA TRUST, NOT Filed concurrently with Memorandum of INDIVIDUALLY BUT AS TRUSTEE FOR Points and Authorities; Request for Judicial 20 CARLSBAD FUNDING MORTGAGE Notice; Declaration of EleanorM. Roman. TRUST BY RUSHMORE LOAN 21 MANAGEMENT SERVICES, LLC, IT’S Date: October 8, 2020 APPOINTED ATTORNEY IN FACT; Time: 8:30am. 22 MORTGAGE ELECTRONIC 23 REGISTRATION SY STEMS, INC.; RUSHMORE LOAN MANAGEMENT Judge: Hon. Charles Wachob SERVICES, LLC; all persons known and. Action Filed: Apiil 1, 2020 24. unknown, including any legal or equitable Trial Date: None Set apa right, title estate, lien, or interest in 25 described in the complaint adverse to stitle, orany cloud upon plaintiff's 26 title thereto; and DOES 1 through 20, inclusive, 27 Defendants. 28 70000.3660/15444015.1 DEFENDANT MORTGAGE ELECTRONIC REGISTRATION SY STEMS, INC.’S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’ S COMPLAINT TO THE COURT AND TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD, PLEASE TAKE NOTICE THAT: On October8, 2020 at 8:30 am. or as soon thereafter as the matter may be heard in in Department 42 of the above-entitled Court located at 10820 Justice Center Drive, Roseville, CA 95678, the Honorable Charles Wachob presiding, Defendant MORTGAGE ELECTRONIC REGISTRATIONS SY STEMS, INC. (“MERS”) will and hereby does demunrer to plaintiff, SVETLANA TISKIY’S (“Tisky” or “Plaintiff”) Complaint, (the “Complaint”). PLEASE TAKE FURTHER NOTICE THAT: Pursuant to Local Rule 20.2.3, the court will issue a tentative ruling for this matter on the 10 court day before the hearing. The tentative ruling will be available after 12:00 noon as an audio 11 recording accessible at (916) 408-6480; the tentative nuling will also be available at the court’s 12 website, www.placer.courts.ca.gov. The tentative ruling shall become the final ruling on the matter 13 and no hearing will be held unless oral argument is timely requested or the tentative ruling 14 indicates otherwise. Requests for oral argument must be made by calling (916) 408-6481 no later 15 than 4:00 p.m. on the court day prior to the hearing. 16 The Demurrer is made under Code of Civil Procedure§ 430.10(e) on the grounds that 17 Plaintiffs’ Complaint fails to state facts sufficient to constitute any of the two causes of action 18 alleged therein against MERS: 1) the First Cause of Action for Wrongful Foreclosure; and 2) the 19 Sixth Cause of Action to Quiet Title. The Demunrer is based on this Notice, the Demunrer, the 20 Memorandum of Points and Authorities in support of the Demunrer and the Request for Judicial 21 Notice in support of the Demunrer, the Declaration of Eleanor M. Roman re Further Attempt to 22 Meet and Confer as well as on the Complaint and all other pleadings and papers on file in this 23 action. 24. DATED: September 3, 2020 SEVERSON & WERSON A Professional Corporation 25 > By: ¢ = 26 ELEANOR M. ROMAN 27 Attomeys for Defendant MORTGAGE ELECTRONIC REGISTRATION SY STEMS, INC. 28 70000.3660/15444015.1 2 DEFENDANT MORTGAGE ELECTRONIC REGISTRATION SY STEMS, INC.’S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’ S COMPLAINT DEMURRER Defendant MORTGAGE ELECTRONIC REGISTRATIONS SY STEMS, INC. (“MERS”) demurs to plaintiff, SVETLANA TISKTY’S (“Tisky” or “Plaintiff”) Complaint, (the “Complaint”) as follows': 1 The First Cause of Action for Wrongful Foreclosure fails to state facts sufficient to constitute such a cause of action. Code Civ. Proc. §430.10(e). 2. The Sixth Cause of Action to Quiet Title fails to state facts sufficient to constitute such a cause of action. Code Civ. Proc. §430.10(e). DATED: September 3, 2020 SEVERSON & WERSON 10 A Professional Corporation 11 > 3 ==. 12 By: 13 ELEANOR M. ROMAN 14 Attomeys for Defendant MORTGAGE ELECTRONIC REGISTRATION SY STEMS, INC. 15 16 17 18 19 20 21 22 23 24. 25 1 The caption page of the Complaint lists 5 causes of action: 1) fraud by deceit against 26 Wilmington; 2) fraud by deceit against Rushmore; 3) violation of Business and Professions Code Section 17200 against Rushmore; 4) violation of Business and Professions Code Section 17200 27 against Wilmington; and 5) quiet title againstall defendants. However, the substance of the 28 Complaint also includes a first cause of action title, Wrongful Foreclosure against all defendants. 70000.3660/15444015.1 3 DEFENDANT MORTGAGE ELECTRONIC REGISTRATION SY STEMS, INC.’S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’ S COMPLAINT PROOF OF SERVICE Svetlana T’ vs. Clear Recon C eal. PLACER County Superior Court Case No. SCV0044678 At the time of service, I was over18 years of age and not a party to this action. Iam loyed in the County of Orange, State of Califomia. My business address is The Atrium, 19100 Von Karman Avenue, Suite 700, Irvine, CA 92612. On 3, 2020, I served true copies of the following document(s) MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.’S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’ S COMPLAINT on the interested parties in this action as follows: Clifford B. Scherer, Attorney for Plaintiff Law Offices of Clifford B. Scherer SVETLANA TISKIY 800 Sunrise Ave., Suite C Roseville, CA 95661 Telephone: (916) 298-7390 10 Email: cliffscherer@cliffordscheredaw.com 11 Peter]. Salmon, Esq. Attorne for Defendants JillianA. Benbow, Esq. RUSHMORE LOAN MANAGEMENT 12 Aldridge Pite, LLP SERVICES, LLC and WILMINGTON 4375 Jutland Dr., Suite 200 SAVINGS FUND SOCIETY, FSB 13 P.O. Box 17985 San Diego, CA 92177 Telephone: (858) 750-7600 14 Facsimile: (619) 590-1385 Email: jbenbow@aldridgepite.com 15 kK] BY MAIL: I enclosed the document(s) in a sealed envelope or addressedto the 16 persons at the addresses listed in the Service List and placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with Severson & 17 Werson's practice for coll and processing correspondence for mailing. On the same day that mdence is placed for collection and mailing, it is deposited in the ordinary course of 18 business with the United States Postal Service, in a sealed envelope with postage fully prepaid. 19 I declareunder penalty of perjury under the laws of the State of Califomia that the foregoing is true and cot 20 Executed on September 3, 2020, at Irvine, Califomia. 21 22 nN Aver 23 24. 25 26 27 28 70000.3660/15444015.1 4 DEFENDANT MORTGAGE ELECTRONIC REGISTRATION SY STEMS, INC.’S NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’ S COMPLAINT