Preview
Petition for Writ (Misdemeanor, |Clerk stamps date here when form
is filed.
Infraction, or Limited Civil Case)
Christine Placencia
(fill in the name of the person asking for the writ)
v.
F ILE
SEP 20 2021
Clerk of
Superior Court of
je Court
ity of Santa Clara
BY. EPUTY
Superior Court of California, County of SANTA CLARA R.A
Clerk will fill in the number below:
Hon. Carol Overton
Appellate Division Case Number:
Res
(fill in the name of the court whose action or ruling you are challenging) 21AP002749
MOHAMMAD MUSTAFA
Real Party in Interest ¥ | Stay requested
(fil in the name of any other partes in the trial court case)
: (see item (2) c. on page 6)
Instructions
* This form is only for requesting a writ in a misdemeanor, infraction, or limited civil case, or a writ challenging a
postjudgment enforcement order in a small claims case (sce below*).
Do not use this form for other writs and for appeals. You can get forms to use for those at any courthouse or county law
library or online at www.courts.ca.gov/forms.
Before you fill out this form, read Information on Writ Proceedings in Misdemeanor, Infraction, and Limited Civil
Cases (form APP-150-INFO) to know your rights and responsibilities. You can get form APP-150-INFO at any
courthouse or county law library or online at www.courts.ca.gov/forms.
Unless a special statute sets an earlier deadline, you should file this form no later than 30 days after the date the trial
court took the action or issued the ruling you are challenging in this pctition (scc form APP-150-INFO, page 7, for more
information about the deadline for filing a writ petition). It is your responsibility to find out if a special statute sets an
earlier deadline. If your petition is filed late, the appellate division may deny it.
Fill out this form and make a copy of the completed form for your records and for the respondent (the tral court whose
action or ruling you are challenging) and cach of the real parties in interest (the other party or parties in the trial court
case).
Serve a copy of the completed form on the respondent and on each real party in interest and keep proof of this service
Proof of Service (Appellate Division) (form APP-109) or Proof of Electronic Service (Appellate Division) (form
APP-109E) can be used to make this record. You can get information about how to serve court papers and proof of
service from What Is Proof of Service? (form APP-109-INFO) and on the California Courts Online Self-Help Center at
www.courts.ca.gov/selfhelp-serving.him.
Take or mail the completed form and your proof of service on the respondent and cach real party in interest to the
clerk’s office for the appellate division of the superior court that took the action or issued the ruling you are challenging
Small Claims cases. Ifyou are a party in a small claims case, this form is only to be used for requesting a writ relating
to a postjudgment enforcement order of a small claims division. For writs relating to other acts of a small claims
division, the form to use is the Petition for Writ (Small Claims) (form SC-300). See also Cal. Rules of Court, rules
8.970-8.977. For writs relating to acts ofa superior court in a small claims appeal, sce Cal. Rules of Court, mules 8.485-
8.493.
Judicial Counc’ of California, ww courtsca gov Petition for Writ APP-151, Page 1 of 7
Revised January 1, 2017, Optionat Form
Caltomia Rules of Court, rules 6 930-8935 (Misdemeanor, Infraction, or Limited Civil Case) ~
Appellate Division Appellate Division Case Number:
Case Name: Placencia v Superior Court 21AP002749
@) Your Information
a. Petitioner (the party who is asking for the writ):
Name: Christine Placencia
Street address: 3277 S White Rd #272 San Jose CA 95148
Street City State Zp
Mailing address (if different):
City State 2p
Phone: E-mail:
Petitioner's lawyer (skip this if the petitioner does not have a lawyer for this petition):
Name: None-Pro Per State Bar number:
Street address:
Street City State Zp
Mailing address (ifdifferent):
City State Zip
Phone: E-mail
Fax:
The Trial Court Action or Ruling You Are Challenging
I am/My client is filing this petition to challenge an action taken or ruling made by the trial court in the following
case
a. Case name (fill in the trial court case name): Mustafa v Placencia
b. Case number (fill in the trial court case number):
The trial court action or ruling | am/my client is challenging is (describe the action taken or ruling made by the
trial court): The trial court erroneously denied a motion fo rnew trial where Defendant did not have
notice of the jal ani
“Hotice piven to Defendant of the triat
The trial court took this action or made this ruling on the following date (fill in the date): 09/16/21
If you are filing this petition more than 30 days after the date that you listed in@). explain the extraordinary
circumstances that caused the delay in filing this petition:
Revised January 1, 2017 Petition for Writ APP-151, Page
2 of 7
(Misdemeanor, Infraction, or Limited Civil Case) =
Appeliate Division
Case Name: Placencia v Superior Court APPA SUIS TSO
The Parties in the Trial Court Case
© I/My client (check and fill in a or 6):
al¥ was a party in the case identified in(2).
bo was not a party in the case identified in @ but will be directly and negatively affected in the following way
by the action taken or ruling made by the trial court (describe how yow’vour client will be directly and
negatively affected by the trial court’s action or ruling):
The other party or parties in the case identified in (2) was/were (fill in the names of the parties):
MOHAMMAD MUSTAFA
Appeals or Other Petitions for Writs in This Case
® Did you or anyone else file an appeal about the same trial court action or ruling you are challenging in this petition?
(Check and fill in a or b):
alW]| No
b Yes (fill in the appellate division case number of the appeal)
Have you filed a previous petition for a writ challenging this trial court action or ruling? (Check and fill ina or b)
a|¥| No
b Yes (Please provide the following information about this previous petition)
(1) Petition title (fill in the title of the petition):
(2) Date petition filed (fill in the date you filed this petition):
(3) Case number (fill in the case number of the petition)
If you/your client filed more than one previous petition, attach another page providing this information for each
additional petition. At the top of each page, write “APP-151, item 9.)
Reasons for This Petition
The trial court made the following legal error or errors when it took the action or made the ruling described in)
(check and fill in at least one):
a. ¥v The trial court has not done or has refused to do something that the law says it must do.
(1) Describe what you believe the law says the trial court must do: The trial court is required to
vacate the judgment as void when the Defendant did not
ane ie CO! ‘S OTTICI
or the scheduted triat date.
(2) Identify the law (the section of the Constitution or statute, published court decision, or other legal
authority) that says the trial court must do this: C.C.P. §1085, C.C.P. §1086, C.C.P. §594,
al, 4th 958, 966 Lv iC 4 entitled to notice of trial.
Because plaintiff failed to do so here, the trial court erred in holding the trial]
Revised January 1, 2017 Petition for Writ APP-151, Page
3 of 7
(Misdemeanor, Infraction, or Limited Civil Case) =
Appellate Division
Case Name: Placencia v Superior Court
Appellate Division Case Ni
21AP002 749
(continued)
(3) Identify where in the supporting documents (the record of what was said in the trial court and the
documents from the trial court) it shows that the court did not do or refused to do this:
Order 09/16/2021, Order 09/13/2021
( Check here if you need more space to describe the reason for your petition and attach a separate page
or pages describing it. At the top of each page, write “APP-151, item 10a."
b. ‘The trial court has done something that the law says the court cannot or must not do.
(1) Describe what the trial court did:
the
(2) Identify where in the supporting documents (the record of what was said in the trial court and
documents from the trial court) it shows that the court did this.
(3) Identify the law (the section of the Constitution or statute, published court decision, or other legal
authority) that says the trial court cannot or must not do this:
(O Check here if you need more space to describe the reason for your petition and attach a separate page
or pages describing it. At the top of each page, write “APP-151, item 106.”
c. The trial court has performed or said it is going to perform a judicial function (like deciding a person’s
rights under law in a particular situation) in a way the court does not have the legal power to do
(1) Describe what the trial court did or said it is going to do:
(2) Identify where in the supporting documents (the record of what was said in the trial court and the
documents from the trial court) it shows that the court did or said it was going to do this:
wee
Revised January 1, 2017 Petition for Writ APP-151, Page 4 of 7
(Misdemeanor, Infraction, or Limited Civil Case) _
LAP OORT SO
Appellate Division
Case Name: Placencia v Superior Court
smn
(continued)
(3) Identify the law (the section of the Constitution or statute, published court decision, or other legal
authority) that says the trial court does not have the power to do this:
O Check here if you need more space to describe this reason for your petition and attach a separate page
or pages describing it. At the top of each page, write “APP-151, item 10c."
1 Check here if there are more reasons for this petition and attach an additional page or pages describing
these reasons. At the top of each page, write “APP-151, item 10d.”
@) This petition will be granted only if there is no other adequate way to address the trial court’s action or ruling other
than by issuing the requested wnt.
a. Explain why there is no way other than through this petition for a writ—through an appeal, for example—-for
your arguments to be adequately presented to the appellate division:
CCP
requires
1085 this writ
b. Explain how you‘your client will be irreparably harmed if the appellate division does not issue the writ you are
requesting:
ndan pri pro right o tri on merits mproper trial
was held in absence of the court's jurisdiction to conduct a trial without notice, 0
=
Order You Are Asking the Appellate Division to Make
(2) I request that this court (check and fill in all that apply):
a. J order the trial court to do the following (describe what, ifanything, you want the trial court to be ordered
to do):
Vacate
ruling the of Judge Overton; reassign the trial to a different _judge
order the trial court not to do the following (describe what, if anything, you want the trial court to be
ordered NOT to do):
Revised Jenuary 1, 2017 Petition for Writ APP-151, Page 5 of 7
(Misdemeanor, Infraction, or Limited Civil Case) “=
Appellate Divisi jate Division Case Number:
Case Name:
Placencia v Superior Court 21AP002749
@ (continued)
c v issue a stay ordering the trial court not to take any further action in this case until this court decides whether
to grant or deny this petition (describe below why it is urgent that the trial court not take any further action
and check the Stay requested box on page | of this form):
The notice to vacate is issued in this matter and execution is imminent, meaning Defendant will be
left without the benefit of a favorable decision upon appeal and left homeless in this COVID
enviornment.
I/My client:
(1) O asked the trial court to stay these proceedings, but the trial court denied this request (include in your
supporting documents a copy of the trial court's order denying your request for a stay).
(2) v did not ask the trial court to stay these proceedings for the following reasons (describe below why you
did not ask the trial court to stay these proceedings).
The trial court entered a stay until 09, 21 ar
condition that is beyond the means of Defendant who has not yet been legally found to be
unlawfully detaining.
d take other action (describe)
e. (1 grant any additional relicf that the appellate division decides is fair and appropriate
Supporting Documents
Is a record of what was said in the trial court about the action or ruling you are challenging attached as required by
tule 8.931(b)(1)(D) of the California Rules of Court?
a. ( Yes, a transcript or an official electronic recording of what was said in the trial court is attached.
b. v No, a transcript or official electronic recording is not attached, but I have attached a declaration (a statement
signed under penalty of perjury) (Check (1) or (2)
qd) stating the transcript or electronic recording has been ordered, the date it was ordered, and the date it is
expected to be filed
(2) explaining why the transcript or official electronic recording is not available and providing a fair
summary of what was said in the trial court, including the petitioner's arguments and any statement by
the trial court supporting its ruling,
Revesed January 1, 2017 Petition for Writ APP-151, Page 6 of7
(Misdemeanor, Infraction, or Limited Civil Case) >
21A POOL 3749
Appellate Division Appeliate Division Case
Case Name: Placencia v Superior Court
4) Are the following documents attached as required by rule 8.93 (b1)(A)-(C):
. The trial court ruling being challenged in this petition
. All documents and exhibits submitted to the trial court supporting and opposing the petitioner's position
. Any other documents or portions of documents submitted to the trial court that are necessary for a complete
understanding of the case and the nuling being challenged? (Check a or b):
ov Yes, these documents are attached.
No, these documents are not attached for the following reasons (explain why these documents are not
attached and give a fair summary of the substance of these documents. Note that rule 8.931 provides that, in
extraordinary circumstances, the petition may be filed without these documents, but the petitioner must
explain the urgency and the circumstances making the documents unavailable):
Verification
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
Date: 09/17/2021
wh ge
Christine Placencia
Type or print your name ignature ‘fitioner or attorney
Revesed January 1, 2017 Petition for Writ APP-151, Page
7 of 7
(Misdemeanor, Infraction, or Limited Civil Case)
MC-025
CASE Ni
SHORT TITLE:
| Placencia v Superior Court
21AP002749
ATTACHMENT (Number):
(This Attachment may be used with any Judicial Council form.)
I, Christine Placencia, state:
On September 16, 2021, the trial court heard my motion for new trial regarding a trial that had occurred on
September 3, 2021. I had never recieved notice of the September 3, 2021 trial by mail or any other means. I
testified at the trial court that I had checked the court's register of actions regularly after filing my Answer on
July 13, 2021 but never saw a trial being scheduled nor the notice of trial being conducted filed into the case
nor any proof of service of that notice of trial document.
The trial court found that relying on the court's register of actions was unreasonable to be noticed of the trial
date. The court also found that I had recieved notice of the trial because it conducted it's own investigation into
the reason the entries were missing from the court's register of actions and the clerk's office located a notice it
had purportedly mailed to me.
However, this notice was not the notice used at the trial. The notice used at the trial by the court was attached
to Plaintiff's oppposition to my ex parte application for a stay and advancing the hearing on my motion for new
trial.
On September 9, 2021 I filed my ex parte application to be heard on September 10, 2021. The court was
unable to hear the ex parte that day and conitinued it until September 13, 2021. At the September 13, 2021
hearing, the court had technological difficulties and ordered the parties to return on September 16, 2021. Also
during the September 13, 2021 hearing, the trial court remarked that the entries were missing in the register of
actions and it would inquire of the clerk's office why the entries were missing.
Thad to pay $1866.62 to get a stay to have my applicaiton heard on September 16, 2021. I am required to pay a
total of $2,700 to have a stay until September 30, 2021. This is manifestly unjust because the trial was not
noticed to me and the judgment is void. The court only "found" the proper notice by conducting it's own
investigation into the matter and having the clerk's office produce a notice that was created after the trial.
I declare und enialty of perjury under the laws of the State of California that the foregoing is true and
t. EB uted on Septemb 17, 2021 at San Jose, California.
Placencia, Declarant
(if the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of
Attachment are made under penalty of perjury.) (Add pages as required)
Form Approved for Use ATTACHMENT ‘worw.courtinfo.ca.gov
Judicial Council of California
MC-025 [Rev. July 1, 2009] to Judicial Council Form
A420
SUMMONS
(CITACION JUDICIAL) [—
enshiettnoae ‘COURT USE ONLY
(SOLO PARA USO DE LA CORTE)
UNLAWFUL DETAINER—EVICTION -FILED
(RETENCION ILICITA DE UN INMUEBLE—DESALOJO) 12912021 0.06 Fivi
lerk of Court
é 1CV375631
uperior Court of CA,
NOUOHICE 10 DEFENDANI:
(AVISO AL DEMANDADO). Christine Placencia and DOES 1-10
‘ounty of Santa Clara
YOU ARE BEING SUED BY PLAINTIFF: eviewed
Revie’ Mv By: D Harris
farris,
(LO ESTA DEMANDANDO EL DEMANDANTE): Mohammad Mustafa Envelope: 55709223
NOTICE! You have been sued. The court may decide against uM 'VISO! Usted ha sido demanded. i ‘no responde dentro de 5
you without your being heard unlass you rasnand within 5 days quede
puede s contra sin una
You have 5 DAYS, not counting Saturdays and Sundays and a cia. Una vez que le entreguen ‘esta citacién y papeles
other judicial holidays, after this summons and legal papers are legales. salo tiene 5 DIAS. sin contar sébado y domingo v otros
served on you to file a written response at this court and have a dias feriados del tribunal, para presentar una respuesta por
copy served on the plaintiff. escrito en este tribunal y hacer que se entreque una copia al |
demandante.
4 ietter or phone caii wiii not protect you. Your written response Una carta 0 una ilamada teiefonica no io protege. Su respuesta
must be in proper legal form if you want the court to hear your por escrito tiene que estar en formato legal correcto si desea que
case: There:may
case. be aa:
There may bo ¢ form that you can use for eeour
your mocasics que haya unRapier
Procesen Su caso ei la Coite. Es posible formulaic
response. You can find these court forms and more information que usted pueda usar para su respuesta. Puede encontrar estos
at the Califomia Courts Online Self-Help Genter formularios de la corte y mas informacidn an el Canta de Ayuda
(www.courts.ca.gov/selfhelp), your county law library, or the de fas Cortes de California (www.sucorte.ca.gov), en la biblioteca
courthouse nearest you. If you do not file your response on de leyes de su condado o en la corte que le quede mas cerca. Si
time, you may lose the case by default, and your wages, no presenta su respuesta a tiempo, puede perder ef caso por falta
money, and property may be taken without further warning from de comparecencia y se fe podré quitar su sueldo, dinero y bienes
the court, sin mas advertencia.
Tirere ase vider iegai requirerenti: Yuu tay wani ie cali ar Hay viros requisiios iegaies. Es recomendabie que iiame a un
attomey right away. If you do not know an attorney, you may Sonate inmediatamente. Si no conoce a un abogado, puede
want tote call
cell an attorney referral service.
en sttorney cann: afforddanan
ervice. HfH you cannet @ unin Se:
servicioio de
dle remisién
remisién 2a abogades.
abogades. S: ovede pagar
puede pagar 3a
attorney, you may be eligible for free legal services from a un abogado, es posible que cumpla con los requisitos para
nonprofit legal services program. You can locate these obtener servicios legales gratuitos de un programa de servicios
nonprofit groups at the California Legal Services website legales sin fines de Jucro. Puede encontrar estos grupos sin fines
(www.lawhelpca.org), the California Courts Online Self-Help de lucro en el sitio web de California Legal Services,
Center (www.courts.ca.gov/selfhelp), or by contacting your (www.lawhelpcaliforia.org), en el Centro de Ayuda de las Cortes
local court or county bar association. de California, (www. sucorte.ca.gov) 0 poniéndose en contacto
con fa corte 0 e! colegio de abogados local
}___ = os
FEE WANJER:
VER: Hfyou
yoi o: * say the fling fee. ask th: clark tor
ot pay the filing fee, ask the clerk for mrrnce,
EXENTI Si NNwee oar, TAS: Si no puede payar la wuvia de
DE CUST.
a fee waiver form, NOTE: The court has a statutory lien for presentacion, pida al secretario de la corte que le dé un formulario
wai costs on any sattlamant or arbitration
ira award of exencién de pago de
de exencién cuotes. Al VISO:
de cuctes, VISO: Por
Por fey.
ley, 12a corte
corte tiene
$10. in a civil case. The court's lien must be paid derecho a reciamar las cuotas y los costos exentos con un |
before the court will dismiss the case. gravamen sobre cualquier cantidad de $10,000 6 més recibida |
mediante un acuerdo o una concesion de arbitraje en un caso de
derecho civil. Tiene que pagar el gravamen de la corte antes de
|_que la corte pueda desestimar e! caso.
[Case NORE
“ASE NUMBER (numero del caso).
The name and address of the court is:
4 iar 3 corte 63 { /3756.
3756. 31
{ t nom re y¥ dirscciér Mn a
Superior Court of California, County of Santa Clara
191
ifi } N. First St., Sai Jose, CA 95113
The name, address, and telephone number of plaintiff's attomey, or plaintiff without an attomey, is: (E/ nombre, la direcci6n y el
numero de
numere de teléfone de! abogade
teléfone de! abogade del demandante, oode!
de! demandante, demandante ¢:gues nm 0o tiene
del demandante ene abogade,
abogade, es}.
es}:
Leo B. Siegel, Esq, (State Bar # 116841) Phone No. (831) 768-9110
STONE - SIEGEL LAW FIRM, 1726 Scabrighi Ave., Sania Cruz, CA 95062 Fax No. (831) 713-5797
Page 1 of 2
Farm Adogied for Mandatory Use eSRRREOAY pineLAE
near UL ea ChaPr 2 ire,2.58BS 412.20, 458,
488, ET
‘Councilof California UM MONS: TAINEE R-EVICTION worw.courts.ca.gov
‘SUM-130 (Rev. September 1. 2019] LexisNexis® Automated California Judicial Council Forms
SUM. 130
jase NUMBER:
PLAINTIFF (Name): ‘Mohammad Mustafa
t
| DEFENDANT (Name).
Christine Placencia. ct al.
2. (Must be answered in all cases) An unlawful detainer assistant (Bus. & Prof. Code, §§ 6400-6415) [x | didnot [1 dia
for compensation give advice or assistance with this form. (If plaintiff has received any help or advice for pay from an unlawful
detainer assistant, complete item 6 on the next page.)
Unlawful detainer assistant (complete if plaintiff has received any help or advice for pay from an unlawful detainer assistant):
Assistant's name:
Telen!
ele:
Street address, city, and zip:
County of registration:
Registration no.:
Registration eynires on (date) :
Date:
Date: 41D 6-09 ivi%
10094 GIUG
Vevevet Clerk
ier aue ou rti Clerk, by D iiaiiis Deputy
Deputy
(Fecha) (Secretario) {Adjunto)
(For proof of service of this summons, use Proot ot Service ot Summons (form POS-01U).)
of Service of Summons (form POS-010).)
(Para prueba de entrega de esta citation use el formulario Proof
(SEALY
NOTICE TO THE PERSON SERVED: You are served
a. . [__] as an individual defendant.
b. . [__] as the person sued under the fictitious name of (specify):
c. - {__] as an occupant.
te d. |. (_] on behalf of (specify):
ee e| under: | CCP 416.10 (corporation). CCP 416.60 (minor).
“J | [-] CCP 416.20 (defunct corporation).
eee! as _| CCP 416.70 (conservatee).
oN [—] CCP 416.40 (association or partnership). [__1 CCP 416.90 (authorized person).
cikoRY ey [7] cep 415.46 (occupant). [J other (specify):
e [7] by personal delivery on (date):
SUN-130 (Rev. September
1, 2019] Page
2 of2
SUMMONS—UNLAWFUL DETAINER—EVICTION
Lexi Nene ehivicnicertcadCalefin ciaee dunciciaal Conncit Poesia
|
E-FILED
1/25/2021 6:08 PM
Leo B. Siegel. State Bar No. 1 h084 Cierk of Court
Michael FE. Stone. State Bar No, 46016 Superior Court of CA,
SI INE - SHIGELLA iWoL TRAI TRAT
» Seabrig ht Ave. County of Santa Clara
21CV375631
13 phor Reviewed By: D Harris |
837 exile
\i
leob ale Siegelorg
|
Atiornes for Phunutl MOPLAMIMEAD MEST AMEN
6
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SUPERIOR COL RL Ob ¢ NDT OR NEA
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MOUAMMAD VILSEAEAL < \SENOL ZiCV37563i
13 Plaint
COMPLAINT FOR ENEAWETL DETAINER }
i4 vn.
fOCP Volaf
1s 4H CHRISTINE PLACE NCES. and DOES ie
inclusive. LIMPED Jt RISDIC TION
lo DEAMEAND DOES NOE ENCEED 9 160.000,00
Deten ts
13
2
|
Is
i
19
My Plaimiff alleges:
ai i. Plaintitt, MOLAMMAD MUSTAD \chereination Phaintil), isan indis idual residing inf
+
ae the Mlameda Counts, Caitorni
43 > The real property. possession ef which is sought ta itis action, is toeated in Santa Chara
24 Coun. orCatitor 1 In the ahos e-nume sek is! ind isconimonhy deseribed as: 36352}
2525
I Siopeview Dr. San Jose. C\ 95748 (Santa Clara Countsi, which bears Assessor's Pureel Number]
t
26 O34-42-036 thereinatier “the Property”
|
sy
i 3 The true names and capacities Of Does [te JU. are pre ath unknown to Phontih whe
\ therefore sucs such defendants under such fictitious names pursuant io Section 474 of the Cade al
| MS + t) psi
|
COME MINE Tt Mt wt ! {EP VNER
Civil Proce: ure. Plainuilt inform: 2 ced tit Nes amd
by itere and tehSURE
int 2 }
adage. the
ad
each h “DOR” de dant i sin po
San Posse nl af ttthe LP;
HDG) pe % ithe:
ihou the perm
he perm On or consent at
PI Hers v sill
veh and: Plain} at end this camp tla stile the true Hames aad cupacitics of id 1
defendants wh the same have been ascertained
4 Gai December ry the Property
1. i 18, Was seid al a duii-jadicial furcebosiite auction tu
6 Plains predecossey ti interest US. Bath brasi SoA. as Prustce for ESE EG Master Participation
2s
trust. in accordance with Civil Code Secitons and 2924 under a power of sale contained in
8 aDeed at brustdated Neverber 36 a f00. cxccuted Oy the foruer borrower. DefendantC iRISTINE
% PLACE NCEA thereinalter Defendant PEACE SOLA: as drustor, fide to the Property was duly
16 perfecied anda Trusice’s Deed i pon Sale conveying title to Plaimiti’s predecessor in interest. was
i recorded with the County of Santa Ciara on December 34, 207% ays instrument Number 24508408,
i \ cops of that Grusive’s Deed ( pon Sale is attuched hereto as behibit i. Phaintiil aequired ute to
ts the Property trom bis predecessor. the foreclosing beneficiiry under the foreclosed Deed of Trust on
4 December SU.2020 with Grant Deed dated December 1). JOL0. which wits recorded in the Obici]
Is Records of Santa Clara Counts on December 30. 2020. as Instrument No. 24769045, \ true and]
if correct copy of Plaintit!’s Grant Qced is attached te this Comphantas Exhibit 2. |
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Petition for Writ (Misdemeanor, |Clerk stamps date here when form is filed. Infraction, or Limited Civil Case) Christine Placencia (fill in the name of the person asking for the writ) v. F ILE SEP 20 2021 Clerk of Superior Court of je Court ity of Santa Clara BY. EPUTY Superior Court of California, County of SANTA CLARA R.A Clerk will fill in the number below: Hon. Carol Overton Appellate Division Case Number: Res (fill in the name of the court whose action or ruling you are challenging) 21AP002749 MOHAMMAD MUSTAFA Real Party in Interest ¥ | Stay requested (fil in the name of any other partes in the trial court case) : (see item (2) c. on page 6) Instructions * This form is only for requesting a writ in a misdemeanor, infraction, or limited civil case, or a writ challenging a postjudgment enforcement order in a small claims case (sce below*). Do not use this form for other writs and for appeals. You can get forms to use for those at any courthouse or county law library or online at www.courts.ca.gov/forms. Before you fill out this form, read Information on Writ Proceedings in Misdemeanor, Infraction, and Limited Civil Cases (form APP-150-INFO) to know your rights and responsibilities. You can get form APP-150-INFO at any courthouse or county law library or online at www.courts.ca.gov/forms. Unless a special statute sets an earlier deadline, you should file this form no later than 30 days after the date the trial court took the action or issued the ruling you are challenging in this pctition (scc form APP-150-INFO, page 7, for more information about the deadline for filing a writ petition). It is your responsibility to find out if a special statute sets an earlier deadline. If your petition is filed late, the appellate division may deny it. Fill out this form and make a copy of the completed form for your records and for the respondent (the tral court whose action or ruling you are challenging) and cach of the real parties in interest (the other party or parties in the trial court case). Serve a copy of the completed form on the respondent and on each real party in interest and keep proof of this service Proof of Service (Appellate Division) (form APP-109) or Proof of Electronic Service (Appellate Division) (form APP-109E) can be used to make this record. You can get information about how to serve court papers and proof of service from What Is Proof of Service? (form APP-109-INFO) and on the California Courts Online Self-Help Center at www.courts.ca.gov/selfhelp-serving.him. Take or mail the completed form and your proof of service on the respondent and cach real party in interest to the clerk’s office for the appellate division of the superior court that took the action or issued the ruling you are challenging Small Claims cases. Ifyou are a party in a small claims case, this form is only to be used for requesting a writ relating to a postjudgment enforcement order of a small claims division. For writs relating to other acts of a small claims division, the form to use is the Petition for Writ (Small Claims) (form SC-300). See also Cal. Rules of Court, rules 8.970-8.977. For writs relating to acts ofa superior court in a small claims appeal, sce Cal. Rules of Court, mules 8.485- 8.493. Judicial Counc’ of California, ww courtsca gov Petition for Writ APP-151, Page 1 of 7 Revised January 1, 2017, Optionat Form Caltomia Rules of Court, rules 6 930-8935 (Misdemeanor, Infraction, or Limited Civil Case) ~ Appellate Division Appellate Division Case Number: Case Name: Placencia v Superior Court 21AP002749 @) Your Information a. Petitioner (the party who is asking for the writ): Name: Christine Placencia Street address: 3277 S White Rd #272 San Jose CA 95148 Street City State Zp Mailing address (if different): City State 2p Phone: E-mail: Petitioner's lawyer (skip this if the petitioner does not have a lawyer for this petition): Name: None-Pro Per State Bar number: Street address: Street City State Zp Mailing address (ifdifferent): City State Zip Phone: E-mail Fax: The Trial Court Action or Ruling You Are Challenging I am/My client is filing this petition to challenge an action taken or ruling made by the trial court in the following case a. Case name (fill in the trial court case name): Mustafa v Placencia b. Case number (fill in the trial court case number): The trial court action or ruling | am/my client is challenging is (describe the action taken or ruling made by the trial court): The trial court erroneously denied a motion fo rnew trial where Defendant did not have notice of the jal ani “Hotice piven to Defendant of the triat The trial court took this action or made this ruling on the following date (fill in the date): 09/16/21 If you are filing this petition more than 30 days after the date that you listed in@). explain the extraordinary circumstances that caused the delay in filing this petition: Revised January 1, 2017 Petition for Writ APP-151, Page 2 of 7 (Misdemeanor, Infraction, or Limited Civil Case) = Appeliate Division Case Name: Placencia v Superior Court APPA SUIS TSO The Parties in the Trial Court Case © I/My client (check and fill in a or 6): al¥ was a party in the case identified in(2). bo was not a party in the case identified in @ but will be directly and negatively affected in the following way by the action taken or ruling made by the trial court (describe how yow’vour client will be directly and negatively affected by the trial court’s action or ruling): The other party or parties in the case identified in (2) was/were (fill in the names of the parties): MOHAMMAD MUSTAFA Appeals or Other Petitions for Writs in This Case ® Did you or anyone else file an appeal about the same trial court action or ruling you are challenging in this petition? (Check and fill in a or b): alW]| No b Yes (fill in the appellate division case number of the appeal) Have you filed a previous petition for a writ challenging this trial court action or ruling? (Check and fill ina or b) a|¥| No b Yes (Please provide the following information about this previous petition) (1) Petition title (fill in the title of the petition): (2) Date petition filed (fill in the date you filed this petition): (3) Case number (fill in the case number of the petition) If you/your client filed more than one previous petition, attach another page providing this information for each additional petition. At the top of each page, write “APP-151, item 9.) Reasons for This Petition The trial court made the following legal error or errors when it took the action or made the ruling described in) (check and fill in at least one): a. ¥v The trial court has not done or has refused to do something that the law says it must do. (1) Describe what you believe the law says the trial court must do: The trial court is required to vacate the judgment as void when the Defendant did not ane ie CO! ‘S OTTICI or the scheduted triat date. (2) Identify the law (the section of the Constitution or statute, published court decision, or other legal authority) that says the trial court must do this: C.C.P. §1085, C.C.P. §1086, C.C.P. §594, al, 4th 958, 966 Lv iC 4 entitled to notice of trial. Because plaintiff failed to do so here, the trial court erred in holding the trial] Revised January 1, 2017 Petition for Writ APP-151, Page 3 of 7 (Misdemeanor, Infraction, or Limited Civil Case) = Appellate Division Case Name: Placencia v Superior Court Appellate Division Case Ni 21AP002 749 (continued) (3) Identify where in the supporting documents (the record of what was said in the trial court and the documents from the trial court) it shows that the court did not do or refused to do this: Order 09/16/2021, Order 09/13/2021 ( Check here if you need more space to describe the reason for your petition and attach a separate page or pages describing it. At the top of each page, write “APP-151, item 10a." b. ‘The trial court has done something that the law says the court cannot or must not do. (1) Describe what the trial court did: the (2) Identify where in the supporting documents (the record of what was said in the trial court and documents from the trial court) it shows that the court did this. (3) Identify the law (the section of the Constitution or statute, published court decision, or other legal authority) that says the trial court cannot or must not do this: (O Check here if you need more space to describe the reason for your petition and attach a separate page or pages describing it. At the top of each page, write “APP-151, item 106.” c. The trial court has performed or said it is going to perform a judicial function (like deciding a person’s rights under law in a particular situation) in a way the court does not have the legal power to do (1) Describe what the trial court did or said it is going to do: (2) Identify where in the supporting documents (the record of what was said in the trial court and the documents from the trial court) it shows that the court did or said it was going to do this: wee Revised January 1, 2017 Petition for Writ APP-151, Page 4 of 7 (Misdemeanor, Infraction, or Limited Civil Case) _ LAP OORT SO Appellate Division Case Name: Placencia v Superior Court smn (continued) (3) Identify the law (the section of the Constitution or statute, published court decision, or other legal authority) that says the trial court does not have the power to do this: O Check here if you need more space to describe this reason for your petition and attach a separate page or pages describing it. At the top of each page, write “APP-151, item 10c." 1 Check here if there are more reasons for this petition and attach an additional page or pages describing these reasons. At the top of each page, write “APP-151, item 10d.” @) This petition will be granted only if there is no other adequate way to address the trial court’s action or ruling other than by issuing the requested wnt. a. Explain why there is no way other than through this petition for a writ—through an appeal, for example—-for your arguments to be adequately presented to the appellate division: CCP requires 1085 this writ b. Explain how you‘your client will be irreparably harmed if the appellate division does not issue the writ you are requesting: ndan pri pro right o tri on merits mproper trial was held in absence of the court's jurisdiction to conduct a trial without notice, 0 = Order You Are Asking the Appellate Division to Make (2) I request that this court (check and fill in all that apply): a. J order the trial court to do the following (describe what, ifanything, you want the trial court to be ordered to do): Vacate ruling the of Judge Overton; reassign the trial to a different _judge order the trial court not to do the following (describe what, if anything, you want the trial court to be ordered NOT to do): Revised Jenuary 1, 2017 Petition for Writ APP-151, Page 5 of 7 (Misdemeanor, Infraction, or Limited Civil Case) “= Appellate Divisi jate Division Case Number: Case Name: Placencia v Superior Court 21AP002749 @ (continued) c v issue a stay ordering the trial court not to take any further action in this case until this court decides whether to grant or deny this petition (describe below why it is urgent that the trial court not take any further action and check the Stay requested box on page | of this form): The notice to vacate is issued in this matter and execution is imminent, meaning Defendant will be left without the benefit of a favorable decision upon appeal and left homeless in this COVID enviornment. I/My client: (1) O asked the trial court to stay these proceedings, but the trial court denied this request (include in your supporting documents a copy of the trial court's order denying your request for a stay). (2) v did not ask the trial court to stay these proceedings for the following reasons (describe below why you did not ask the trial court to stay these proceedings). The trial court entered a stay until 09, 21 ar condition that is beyond the means of Defendant who has not yet been legally found to be unlawfully detaining. d take other action (describe) e. (1 grant any additional relicf that the appellate division decides is fair and appropriate Supporting Documents Is a record of what was said in the trial court about the action or ruling you are challenging attached as required by tule 8.931(b)(1)(D) of the California Rules of Court? a. ( Yes, a transcript or an official electronic recording of what was said in the trial court is attached. b. v No, a transcript or official electronic recording is not attached, but I have attached a declaration (a statement signed under penalty of perjury) (Check (1) or (2) qd) stating the transcript or electronic recording has been ordered, the date it was ordered, and the date it is expected to be filed (2) explaining why the transcript or official electronic recording is not available and providing a fair summary of what was said in the trial court, including the petitioner's arguments and any statement by the trial court supporting its ruling, Revesed January 1, 2017 Petition for Writ APP-151, Page 6 of7 (Misdemeanor, Infraction, or Limited Civil Case) > 21A POOL 3749 Appellate Division Appeliate Division Case Case Name: Placencia v Superior Court 4) Are the following documents attached as required by rule 8.93 (b1)(A)-(C): . The trial court ruling being challenged in this petition . All documents and exhibits submitted to the trial court supporting and opposing the petitioner's position . Any other documents or portions of documents submitted to the trial court that are necessary for a complete understanding of the case and the nuling being challenged? (Check a or b): ov Yes, these documents are attached. No, these documents are not attached for the following reasons (explain why these documents are not attached and give a fair summary of the substance of these documents. Note that rule 8.931 provides that, in extraordinary circumstances, the petition may be filed without these documents, but the petitioner must explain the urgency and the circumstances making the documents unavailable): Verification I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: 09/17/2021 wh ge Christine Placencia Type or print your name ignature ‘fitioner or attorney Revesed January 1, 2017 Petition for Writ APP-151, Page 7 of 7 (Misdemeanor, Infraction, or Limited Civil Case) MC-025 CASE Ni SHORT TITLE: | Placencia v Superior Court 21AP002749 ATTACHMENT (Number): (This Attachment may be used with any Judicial Council form.) I, Christine Placencia, state: On September 16, 2021, the trial court heard my motion for new trial regarding a trial that had occurred on September 3, 2021. I had never recieved notice of the September 3, 2021 trial by mail or any other means. I testified at the trial court that I had checked the court's register of actions regularly after filing my Answer on July 13, 2021 but never saw a trial being scheduled nor the notice of trial being conducted filed into the case nor any proof of service of that notice of trial document. The trial court found that relying on the court's register of actions was unreasonable to be noticed of the trial date. The court also found that I had recieved notice of the trial because it conducted it's own investigation into the reason the entries were missing from the court's register of actions and the clerk's office located a notice it had purportedly mailed to me. However, this notice was not the notice used at the trial. The notice used at the trial by the court was attached to Plaintiff's oppposition to my ex parte application for a stay and advancing the hearing on my motion for new trial. On September 9, 2021 I filed my ex parte application to be heard on September 10, 2021. The court was unable to hear the ex parte that day and conitinued it until September 13, 2021. At the September 13, 2021 hearing, the court had technological difficulties and ordered the parties to return on September 16, 2021. Also during the September 13, 2021 hearing, the trial court remarked that the entries were missing in the register of actions and it would inquire of the clerk's office why the entries were missing. Thad to pay $1866.62 to get a stay to have my applicaiton heard on September 16, 2021. I am required to pay a total of $2,700 to have a stay until September 30, 2021. This is manifestly unjust because the trial was not noticed to me and the judgment is void. The court only "found" the proper notice by conducting it's own investigation into the matter and having the clerk's office produce a notice that was created after the trial. I declare und enialty of perjury under the laws of the State of California that the foregoing is true and t. EB uted on Septemb 17, 2021 at San Jose, California. Placencia, Declarant (if the item that this Attachment concerns is made under penalty of perjury, all statements in this Page of Attachment are made under penalty of perjury.) (Add pages as required) Form Approved for Use ATTACHMENT ‘worw.courtinfo.ca.gov Judicial Council of California MC-025 [Rev. July 1, 2009] to Judicial Council Form A420 SUMMONS (CITACION JUDICIAL) [— enshiettnoae ‘COURT USE ONLY (SOLO PARA USO DE LA CORTE) UNLAWFUL DETAINER—EVICTION -FILED (RETENCION ILICITA DE UN INMUEBLE—DESALOJO) 12912021 0.06 Fivi lerk of Court é 1CV375631 uperior Court of CA, NOUOHICE 10 DEFENDANI: (AVISO AL DEMANDADO). Christine Placencia and DOES 1-10 ‘ounty of Santa Clara YOU ARE BEING SUED BY PLAINTIFF: eviewed Revie’ Mv By: D Harris farris, (LO ESTA DEMANDANDO EL DEMANDANTE): Mohammad Mustafa Envelope: 55709223 NOTICE! You have been sued. The court may decide against uM 'VISO! Usted ha sido demanded. i ‘no responde dentro de 5 you without your being heard unlass you rasnand within 5 days quede puede s contra sin una You have 5 DAYS, not counting Saturdays and Sundays and a cia. Una vez que le entreguen ‘esta citacién y papeles other judicial holidays, after this summons and legal papers are legales. salo tiene 5 DIAS. sin contar sébado y domingo v otros served on you to file a written response at this court and have a dias feriados del tribunal, para presentar una respuesta por copy served on the plaintiff. escrito en este tribunal y hacer que se entreque una copia al | demandante. 4 ietter or phone caii wiii not protect you. Your written response Una carta 0 una ilamada teiefonica no io protege. Su respuesta must be in proper legal form if you want the court to hear your por escrito tiene que estar en formato legal correcto si desea que case: There:may case. be aa: There may bo ¢ form that you can use for eeour your mocasics que haya unRapier Procesen Su caso ei la Coite. Es posible formulaic response. You can find these court forms and more information que usted pueda usar para su respuesta. Puede encontrar estos at the Califomia Courts Online Self-Help Genter formularios de la corte y mas informacidn an el Canta de Ayuda (www.courts.ca.gov/selfhelp), your county law library, or the de fas Cortes de California (www.sucorte.ca.gov), en la biblioteca courthouse nearest you. If you do not file your response on de leyes de su condado o en la corte que le quede mas cerca. Si time, you may lose the case by default, and your wages, no presenta su respuesta a tiempo, puede perder ef caso por falta money, and property may be taken without further warning from de comparecencia y se fe podré quitar su sueldo, dinero y bienes the court, sin mas advertencia. Tirere ase vider iegai requirerenti: Yuu tay wani ie cali ar Hay viros requisiios iegaies. Es recomendabie que iiame a un attomey right away. If you do not know an attorney, you may Sonate inmediatamente. Si no conoce a un abogado, puede want tote call cell an attorney referral service. en sttorney cann: afforddanan ervice. HfH you cannet @ unin Se: servicioio de dle remisién remisién 2a abogades. abogades. S: ovede pagar puede pagar 3a attorney, you may be eligible for free legal services from a un abogado, es posible que cumpla con los requisitos para nonprofit legal services program. You can locate these obtener servicios legales gratuitos de un programa de servicios nonprofit groups at the California Legal Services website legales sin fines de Jucro. Puede encontrar estos grupos sin fines (www.lawhelpca.org), the California Courts Online Self-Help de lucro en el sitio web de California Legal Services, Center (www.courts.ca.gov/selfhelp), or by contacting your (www.lawhelpcaliforia.org), en el Centro de Ayuda de las Cortes local court or county bar association. de California, (www. sucorte.ca.gov) 0 poniéndose en contacto con fa corte 0 e! colegio de abogados local }___ = os FEE WANJER: VER: Hfyou yoi o: * say the fling fee. ask th: clark tor ot pay the filing fee, ask the clerk for mrrnce, EXENTI Si NNwee oar, TAS: Si no puede payar la wuvia de DE CUST. a fee waiver form, NOTE: The court has a statutory lien for presentacion, pida al secretario de la corte que le dé un formulario wai costs on any sattlamant or arbitration ira award of exencién de pago de de exencién cuotes. Al VISO: de cuctes, VISO: Por Por fey. ley, 12a corte corte tiene $10. in a civil case. The court's lien must be paid derecho a reciamar las cuotas y los costos exentos con un | before the court will dismiss the case. gravamen sobre cualquier cantidad de $10,000 6 més recibida | mediante un acuerdo o una concesion de arbitraje en un caso de derecho civil. Tiene que pagar el gravamen de la corte antes de |_que la corte pueda desestimar e! caso. [Case NORE “ASE NUMBER (numero del caso). The name and address of the court is: 4 iar 3 corte 63 { /3756. 3756. 31 { t nom re y¥ dirscciér Mn a Superior Court of California, County of Santa Clara 191 ifi } N. First St., Sai Jose, CA 95113 The name, address, and telephone number of plaintiff's attomey, or plaintiff without an attomey, is: (E/ nombre, la direcci6n y el numero de numere de teléfone de! abogade teléfone de! abogade del demandante, oode! de! demandante, demandante ¢:gues nm 0o tiene del demandante ene abogade, abogade, es}. es}: Leo B. Siegel, Esq, (State Bar # 116841) Phone No. (831) 768-9110 STONE - SIEGEL LAW FIRM, 1726 Scabrighi Ave., Sania Cruz, CA 95062 Fax No. (831) 713-5797 Page 1 of 2 Farm Adogied for Mandatory Use eSRRREOAY pineLAE near UL ea ChaPr 2 ire,2.58BS 412.20, 458, 488, ET ‘Councilof California UM MONS: TAINEE R-EVICTION worw.courts.ca.gov ‘SUM-130 (Rev. September 1. 2019] LexisNexis® Automated California Judicial Council Forms SUM. 130 jase NUMBER: PLAINTIFF (Name): ‘Mohammad Mustafa t | DEFENDANT (Name). Christine Placencia. ct al. 2. (Must be answered in all cases) An unlawful detainer assistant (Bus. & Prof. Code, §§ 6400-6415) [x | didnot [1 dia for compensation give advice or assistance with this form. (If plaintiff has received any help or advice for pay from an unlawful detainer assistant, complete item 6 on the next page.) Unlawful detainer assistant (complete if plaintiff has received any help or advice for pay from an unlawful detainer assistant): Assistant's name: Telen! ele: Street address, city, and zip: County of registration: Registration no.: Registration eynires on (date) : Date: Date: 41D 6-09 ivi% 10094 GIUG Vevevet Clerk ier aue ou rti Clerk, by D iiaiiis Deputy Deputy (Fecha) (Secretario) {Adjunto) (For proof of service of this summons, use Proot ot Service ot Summons (form POS-01U).) of Service of Summons (form POS-010).) (Para prueba de entrega de esta citation use el formulario Proof (SEALY NOTICE TO THE PERSON SERVED: You are served a. . [__] as an individual defendant. b. . [__] as the person sued under the fictitious name of (specify): c. - {__] as an occupant. te d. |. (_] on behalf of (specify): ee e| under: | CCP 416.10 (corporation). CCP 416.60 (minor). “J | [-] CCP 416.20 (defunct corporation). eee! as _| CCP 416.70 (conservatee). oN [—] CCP 416.40 (association or partnership). [__1 CCP 416.90 (authorized person). cikoRY ey [7] cep 415.46 (occupant). [J other (specify): e [7] by personal delivery on (date): SUN-130 (Rev. September 1, 2019] Page 2 of2 SUMMONS—UNLAWFUL DETAINER—EVICTION Lexi Nene ehivicnicertcadCalefin ciaee dunciciaal Conncit Poesia | E-FILED 1/25/2021 6:08 PM Leo B. Siegel. State Bar No. 1 h084 Cierk of Court Michael FE. Stone. State Bar No, 46016 Superior Court of CA, SI INE - SHIGELLA iWoL TRAI TRAT » Seabrig ht Ave. County of Santa Clara 21CV375631 13 phor Reviewed By: D Harris | 837 exile \i leob ale Siegelorg | Atiornes for Phunutl MOPLAMIMEAD MEST AMEN 6 ‘| i SUPERIOR COL RL Ob ¢ NDT OR NEA a {i COUNTY GOP SANT SV OCEARY ql io if 1 iH i aaa MOUAMMAD VILSEAEAL < \SENOL ZiCV37563i 13 Plaint COMPLAINT FOR ENEAWETL DETAINER } i4 vn. fOCP Volaf 1s 4H CHRISTINE PLACE NCES. and DOES ie inclusive. LIMPED Jt RISDIC TION lo DEAMEAND DOES NOE ENCEED 9 160.000,00 Deten ts 13 2 | Is i 19 My Plaimiff alleges: ai i. Plaintitt, MOLAMMAD MUSTAD \chereination Phaintil), isan indis idual residing inf + ae the Mlameda Counts, Caitorni 43 > The real property. possession ef which is sought ta itis action, is toeated in Santa Chara 24 Coun. orCatitor 1 In the ahos e-nume sek is! ind isconimonhy deseribed as: 36352} 2525 I Siopeview Dr. San Jose. C\ 95748 (Santa Clara Countsi, which bears Assessor's Pureel Number] t 26 O34-42-036 thereinatier “the Property” | sy i 3 The true names and capacities Of Does [te JU. are pre ath unknown to Phontih whe \ therefore sucs such defendants under such fictitious names pursuant io Section 474 of the Cade al | MS + t) psi | COME MINE Tt Mt wt ! {EP VNER Civil Proce: ure. Plainuilt inform: 2 ced tit Nes amd by itere and tehSURE int 2 } adage. the ad each h “DOR” de dant i sin po San Posse nl af ttthe LP; HDG) pe % ithe: ihou the perm he perm On or consent at PI Hers v sill veh and: Plain} at end this camp tla stile the true Hames aad cupacitics of id 1 defendants wh the same have been ascertained 4 Gai December ry the Property 1. i 18, Was seid al a duii-jadicial furcebosiite auction tu 6 Plains predecossey ti interest US. Bath brasi SoA. as Prustce for ESE EG Master Participation 2s trust. in accordance with Civil Code Secitons and 2924 under a power of sale contained in 8 aDeed at brustdated Neverber 36 a f00. cxccuted Oy the foruer borrower. DefendantC iRISTINE % PLACE NCEA thereinalter Defendant PEACE SOLA: as drustor, fide to the Property was duly 16 perfecied anda Trusice’s Deed i pon Sale conveying title to Plaimiti’s predecessor in interest. was i recorded with the County of Santa Ciara on December 34, 207% ays instrument Number 24508408, i \ cops of that Grusive’s Deed ( pon Sale is attuched hereto as behibit i. Phaintiil aequired ute to ts the Property trom bis predecessor. the foreclosing beneficiiry under the foreclosed Deed of Trust on 4 December SU.2020 with Grant Deed dated December 1). JOL0. which wits recorded in the Obici] Is Records of Santa Clara Counts on December 30. 2020. as Instrument No. 24769045, \ true and] if correct copy of Plaintit!’s Grant Qced is attached te this Comphantas Exhibit 2. |