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Lisa Edgar-Dickman SBN: 241008
2451 Palmira Pl
San Ramon, CA 94583
(925) 945-1045 office
(925) 520—4925 fax
SUPERIOR COURT OF CALIFORNIA
COUNTY OF SANTA BARBARA
F, WOOD BOYCE, )
Plaintiff, ; Case No. 1438504 Sim!
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v.
T. D.
WELLS
2,)
SERVICE COMPANY,
DEFAULT SERVICES, INC.
FOR OPTION
POWER
FARGO BANK N. A. AS TRUSTEE
ONE MORTGAGE TRUST
2007- 2 ASSET BACKED CERTIFIED SERIES) Violation ofthe
2007-
HOMEWARD RESIDENTIAL,
f/k/a/ AMERICAN HOME
SERVICING, INC f/k/a OPTION
MORTGAGE n/k/a SAND CANYON
CORPORATION
PMG MORTGAGE,
INC
MORTGAGE
INC d/b/a
ONE
)
)
)
V
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) Answer to Complaint for wrongfiil
Declaratory
Quiet Title
vvv
Relief- cancellation
3N1
flS
unfair practices a
ianoa
A.
forgosure
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E
17 PACIFIC MORTGAGE GROUP,
SANDEEP BHASIN, an individual vv
18 DAVE KERR, an individual
All persons known or unknown claiming any legal)
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Or equitable right, title, estate, lien or interest )
20 in the property described in this Complaint adverse)
to Plaintiff‘s title or any cloud upon Plaintiff’s )
21 title thereto, and )
Does l-l00 inclusive, )
22 Defendant, )
)
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ANSWER
25 NOW COMES THE DEFENDANTS, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE
GROUP AND SANDEEP BHASIN, an individual, by and through his attomey states as
25 follows:
Answer to Complaint and Certificate of Service
The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN admit the allegations of paragraph one.
The Defendants ,PMG MORTGAGE INC d/bla PACIFIC MORTGAGE GROUP AND
SANDEEP BHASlN admit the allegations of paragraph two.
The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN admit the allegations of paragraph three.
The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN admit the allegations of pamgmph four.
The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
10 SANDEEP BHASIN admit the allegations of pamgaph five.
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The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
12 SANDEEP BHASIN admit the allegations of paragraph six.
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The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
14 SANDEEP BHASIN admit the allegations ofpaxagraph seven.
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The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
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SANDEEP BHASIN admit the allegations of paragraph eight.
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The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN admit the allegations ofparagraph nine.,
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20 10. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN denies the allegations of paragraph ten.
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22 1]. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN denies the allegations of paragraph eleven.
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l2. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN admit the allegations of paragraph twelve.
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Answer to Complaint and Certificate of Service
13. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN denies the allegations of paragraph thirteen.
. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN denies the allegations of paragraph fourteen and demands strict
proof thereof.
15. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN denies the allegations of paragraph ftfleen and demands strict proof
thereof.
16. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN denies the allegations ofparagraph sixteen and demands strict proof
thereof.
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11 l7. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN denies the allegations of paragraph seventeen and demands strict
12 proof thereof.
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. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
14 SANDEEP BHASIN denies the allegations of paragraph eighteen and demands strict
proof thereof.
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I9 . The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
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SANDEEP BHASIN denies the allegations of paragraph nineteen and demands strict
proof thereof.
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19 20. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN admits that the documents were recorded as to all other allegations
20 the defendants denies the allegations of paragraph twenty and demands strict proof
thereof.
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22 21 . The Defendants ,PMG MORTGAGE INC d/b.’a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN denies the allegations of paragraph twentyone and demands strict
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proof thereof
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25 22. The Defendants ,PMG MORTGAGE INC d/bla PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN admits that it assigned the deed oftrust to Option One Mongage
26 Corporation as to all other allegations of paragraph 22 the defendants deny.
Answer to Complaint and Certificate of Service
23. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN neither admits or denies the allegations of paragraph 23.
24. The Defendants ,PMG MORTGAGE INC d/h/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN neither admits or denies the allegations of paragraph 24.
25. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN neither admits or denies the allegations of paragraph 25.
26. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN neither admits or denies the allegations of paragraph 26.
27. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN neither admits or denies the allegations of paragraph 27.
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11 28. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN neither admits or denies the allegations of paragraph 28.
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13 29. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN neither admits or denies the allegations of paragraph 29.
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15 30. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN neither admits or denies the allegations of paragraph 30.
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31. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
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SANDEEP BHASIN neither admits or denies the allegations of paragraph 3].
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32. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
20 SANDEEP BHASIN neither admits or denies the allegations of paragraph 32.
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33. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
22 SANDEEP BHASIN neither admits or denies the allegations of paragraph 33.
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34 The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
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SANDEEP BHASIN denies that the assignment to Option One was invalid as to other
allegations of paragraph 34 the Defendants neither admit or deny as they were out of the
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transaction and have no knowledge as to what occurred.
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Answer to Complaint and Certificate of Service
35. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN neither admits or denies the allegations of paragraph 35.
36. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN denies the allegations of paragraph 36.
37. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN neither admits or denies the allegations of paragraph 37.
38. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN neither admits or denies the allegations of paragraph 38.
39‘ The Defendants ,PMG MORTGAGE [NC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN neither admits or denies the allegations of paragraph 39 as it calls
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for a legal conclusion.
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12 40. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN neither admits or denies the allegations of paragraph 40..
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14 41. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN neither admits or denies the allegations of paragraph 4| ..
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16 42. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN denies the allegations of pamgmph 42.
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FIRST CAUSE OF ACTION
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(WRONGFUL FORECLOSURE)
20 The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN are not a defendants in this cause of action
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SECOND CAUSE OF ACTION
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(DECLARATORY RELIEF- CANCELLATION OF INSTRUMENTS
24 Cal. Civ. Code Section 34l2
25 50. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN restate and re-allege its/his answers to paragraph 1—42 as their answer to
26 paragraph 50 and state further that the note and deed of trust are valid legal instruments.
Answer to Complaint and Certificate of Service
SI. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN denies the allegations of paragraph 51 and demands strict proof thereof.
52. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN denies the allegations of paragraph 52 and demands strict proof thereof.
53. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN denies the allegations of paragraph 53 and demands strict proof thereof.
54. The Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN denies the allegations of paragraph 53 and demands strict proof thereof.
THIRD CAUSE OF ACTION
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VIOLATION OF THE UNFAIR PRACTICES ACT
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(BUS & PROF CODE SECTION 17200 et seq.)
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55. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
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SANDEEP BHASIN restate and re-allege its/his answers to paragraph [-54 as their answer to
paragraph 55.
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56. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
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SANDEEP BHASIN states the statute speaks for itself.
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57. The Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
-19 SANDEEP BHASIN denies the allegations of paragraph 57 and demands strict proof thereof
The Defendants state further that all of the alleged conduct occurred in 2007 well over the 3 year
20 statute of limitations.
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58. The Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
22 SANDEEP BHASIN denies the allegations of paragraph 58 and demands strict proof thereof.
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59. The Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
24 SANDEEP BHASIN denies the allegations of paragraph 59 and demands strict proof thereof.
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Answer to Complaint and Certificate of Service
60. Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN denies the allegations of paragraph 60 and demands strict proof thereof.
61. Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN denies the allegations of paragraph 6] and demands strict proof thereof.
62. Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN denies the allegations of paragraph 62 and demands strict proof thereof
FOURTH CAUSE OF ACTION
QUIET TITLE
(Cal Code of Civ. Proc. Section 760 et seq)
63. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
10 SANDEEP BHASIN restate and re-allege its/his answers to paragraph 1-62 as their answer to
11 paragraph 63.
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13 64. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
14 SANDEEP BHASIN admit the allegations of paragraph 64.
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65. Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
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SANDEEP BHASIN denies the allegations of paragraph 65 and demands strict proof thereof.
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66. Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
18 SANDEEP BHASIN denies the allegations of paragraph 66 and demands strict proof thereof.
19 67. Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN denies the allegations of paragraph 67 and demands strict proof thereof.
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68. Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN denies the allegations of paragraph 68 and demands strict proof thereof
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69. Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
23 SANDEEP BHASIN denies the allegations of paragraph 69 and demands strict proof thereof.
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70. Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
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SANDEEP BHASIN denies the allegations of paragraph 70 and demands strict proof thereof.
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Answer to Complaint: and Certificate of Service
7l. Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN denies the allegations of paragraph 71 and demands strict proof thereof
72. Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN denies the allegations of paragraph 72 and demands suict proof thereof.
73. . Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND
SANDEEP BHASIN denies the allegations of paragraph 73 and demands strict proof thereof
FIRST AFFIRMATIVE DEFENSE
(Failure to State a Cause of Action)
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The claims and each purported cause of action therein contained fails to state facts
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sufficient to state a cause of action against the Defendant.
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SECOND AFFIRMATIVE DEFENSE
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(Barred by the Statute of Limitations)
16 The Complaint is barred under the statute of limitations. Contract statute of limitations is
17 four years in the state ofCalifomia. The loan was funded in 2007 over six years ago.
18 THIRD AFFIRMATIVE DEFENSE
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( Failure to Mitigate)
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Plaintiff has failed to take reasonable, appropriate measures to mitigate the damages
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complained of by the exercise of lawful acts.
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FOURTH AFFIRMATIVE DEFENSE
25 (No Duty)
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Answer to Complaint and Certificate of Service
The Complaint fails to allege facts sufficient to suppon the existence of a duty owed by
Defendant to Plaintiff.
FIFTH AFFIRMATIVE DEFENSE
(No Reliance)
The Complaint fails to allege facts sufficient to establish that Plaintiff reasonably relied
upon alleged representations of fact made by Defendant to Plaintiff’s damages and
detriment.
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12 SIXTH AFFIRMATIVE DEFENSE
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(In Par-iDelicto/ Unclean Hands)
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Plaintiff is barred from relief it seeks by the doctrine of unclean hands and in pari
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delicto, since Plaintiff is equally at fault for the matters alleged such that the Court would
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not properly involve itself in resolving one sides claim over the othert
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21 SEVENTH AFFIRMATIVE DEFENSE
22 of Frauds)
( Statute
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Defendant alleges that any and all agreements set forth in the Complaint are barred by
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the Statute of Frauds.
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Answer to Complaint and Certificate of Service
EIGHTH AFFIRMATIVE DEFENSE
(Lack of Standing)
Plaintifflacks standing to bring one or more claims in the Complaint.
NINETH AFFIRMATIVE DEFENSE
(Latches)
Plaintiff claims are barred by doctrine of latches.
WHEREFORE, THE DEFENDANT PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE
GROUP AND SANDEEP BHASIN prays for ajudgment as follows:
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1. That the Plaintifftakes nothing by way ofthe complaint.
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2, That the Defendants receive an award of reasonable costs and attorneys‘ fees to the
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Extent allowed by law.
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17 3. That the Defendant be awarded cost of suit herein;
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4. The Defendant receives such other and further relief as is shown to be just or proper.
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23 Dated: November 26, 2013 By.
Lisa Edgar-Dickm
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Attorney for the D 11d
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PMG MORTGAGE INC d/b/a PACIFIC
MORTGAGE GROUP AND
26 SANDEEP BHASIN
Answer to Complaint and Certificate of Service
VERIFICATION
PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP declares that I am the
Defendant in the above actionr PMG verify that I have read the foregoing Verified Complaint
and know its contents. PMG further verify that the matters stated therein are true ofits own
knowledge, except as to matters which are stated, or alleged on information and belief and as
those matters It believes them to be true,
Ideclare under penalty of perjury under the State of California that the foregoing is true and
correct to the best oI‘my knowledge and belicli
I4
Executed on 3L day ofNovember, 2013 at Sane Ramon, California.
I0
MORTGAGE IbIC'd/b/a PACIFIC MORTGAGE GROUP
ll PMG
12 By: Sandecp Bhasin as president of PMG Mortgage, Inc.
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VERIFICATION
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I am the Defendant in the above action. verify that I have read
II l, Sandcep Bhasin declares that I
the foregoing Verified Complaint and know its contents I further verify that the matters stated
18 therein are true of its own knowledge, except as to matters which are stated, or alleged on
information and belief and as those matters It believes them to be true
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I declare under penalty ofperjury under the State ofCalifornia that the foregoing is true and
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correct to the best ofmy knowledge and belief
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Executed on 36d oI'November. 20]} at Sane Ramon, Califomial
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25 Sandeep
W;
Bhasin
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Answer to Complaint and Certificate of Service
CERTIFICATE OF SERVICE
I am not less than 18 years ofage and not a party within this case. My business address is 2451
Palmira Pl San Ramon, CA 94583. I served this Declaration by first class United States mail,
postage prepaid at San Ramon, Califomia on the date noted below and addressed to those listed
below.. Ideclare under penalty of perjury that the foregoing is true and correct.
Ronald H. Freshman
Law Office of Ronald H. Freshman
3040 Skycrest Drive
Fallbrook, CA 92026
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Dated: November 26, 2013 & Lisa Edgar-Die
Btu
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Answer to Complaint and Certificate of Service
Preview
Lisa Edgar-Dickman SBN: 241008 2451 Palmira Pl San Ramon, CA 94583 (925) 945-1045 office (925) 520—4925 fax SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA BARBARA F, WOOD BOYCE, ) Plaintiff, ; Case No. 1438504 Sim! 10 11 12 13 14 15 16 v. T. D. WELLS 2,) SERVICE COMPANY, DEFAULT SERVICES, INC. FOR OPTION POWER FARGO BANK N. A. AS TRUSTEE ONE MORTGAGE TRUST 2007- 2 ASSET BACKED CERTIFIED SERIES) Violation ofthe 2007- HOMEWARD RESIDENTIAL, f/k/a/ AMERICAN HOME SERVICING, INC f/k/a OPTION MORTGAGE n/k/a SAND CANYON CORPORATION PMG MORTGAGE, INC MORTGAGE INC d/b/a ONE ) ) ) V i ) Answer to Complaint for wrongfiil Declaratory Quiet Title vvv Relief- cancellation 3N1 flS unfair practices a ianoa A. forgosure - E 17 PACIFIC MORTGAGE GROUP, SANDEEP BHASIN, an individual vv 18 DAVE KERR, an individual All persons known or unknown claiming any legal) 19 Or equitable right, title, estate, lien or interest ) 20 in the property described in this Complaint adverse) to Plaintiff‘s title or any cloud upon Plaintiff’s ) 21 title thereto, and ) Does l-l00 inclusive, ) 22 Defendant, ) ) 23 24 ANSWER 25 NOW COMES THE DEFENDANTS, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN, an individual, by and through his attomey states as 25 follows: Answer to Complaint and Certificate of Service The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN admit the allegations of paragraph one. The Defendants ,PMG MORTGAGE INC d/bla PACIFIC MORTGAGE GROUP AND SANDEEP BHASlN admit the allegations of paragraph two. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN admit the allegations of paragraph three. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN admit the allegations of pamgmph four. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND 10 SANDEEP BHASIN admit the allegations of pamgaph five. 11 The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND 12 SANDEEP BHASIN admit the allegations of paragraph six. 13 The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND 14 SANDEEP BHASIN admit the allegations ofpaxagraph seven. 15 The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND 16 SANDEEP BHASIN admit the allegations of paragraph eight. 17 18 The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN admit the allegations ofparagraph nine., 19 20 10. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN denies the allegations of paragraph ten. 21 22 1]. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN denies the allegations of paragraph eleven. 23 24 l2. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN admit the allegations of paragraph twelve. 25 26 Answer to Complaint and Certificate of Service 13. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN denies the allegations of paragraph thirteen. . The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN denies the allegations of paragraph fourteen and demands strict proof thereof. 15. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN denies the allegations of paragraph ftfleen and demands strict proof thereof. 16. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN denies the allegations ofparagraph sixteen and demands strict proof thereof. 10 11 l7. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN denies the allegations of paragraph seventeen and demands strict 12 proof thereof. 13 . The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND 14 SANDEEP BHASIN denies the allegations of paragraph eighteen and demands strict proof thereof. 15 16 I9 . The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND 17 SANDEEP BHASIN denies the allegations of paragraph nineteen and demands strict proof thereof. 18 19 20. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN admits that the documents were recorded as to all other allegations 20 the defendants denies the allegations of paragraph twenty and demands strict proof thereof. 23 22 21 . The Defendants ,PMG MORTGAGE INC d/b.’a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN denies the allegations of paragraph twentyone and demands strict 23 proof thereof 24 25 22. The Defendants ,PMG MORTGAGE INC d/bla PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN admits that it assigned the deed oftrust to Option One Mongage 26 Corporation as to all other allegations of paragraph 22 the defendants deny. Answer to Complaint and Certificate of Service 23. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN neither admits or denies the allegations of paragraph 23. 24. The Defendants ,PMG MORTGAGE INC d/h/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN neither admits or denies the allegations of paragraph 24. 25. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN neither admits or denies the allegations of paragraph 25. 26. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN neither admits or denies the allegations of paragraph 26. 27. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN neither admits or denies the allegations of paragraph 27. 10 11 28. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN neither admits or denies the allegations of paragraph 28. 12 13 29. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN neither admits or denies the allegations of paragraph 29. 14 15 30. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN neither admits or denies the allegations of paragraph 30. 16 17 31. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND 18 SANDEEP BHASIN neither admits or denies the allegations of paragraph 3]. 19 32. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND 20 SANDEEP BHASIN neither admits or denies the allegations of paragraph 32. 21 33. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND 22 SANDEEP BHASIN neither admits or denies the allegations of paragraph 33. 23 34 The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND 24 SANDEEP BHASIN denies that the assignment to Option One was invalid as to other allegations of paragraph 34 the Defendants neither admit or deny as they were out of the 25 transaction and have no knowledge as to what occurred. 26 Answer to Complaint and Certificate of Service 35. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN neither admits or denies the allegations of paragraph 35. 36. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN denies the allegations of paragraph 36. 37. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN neither admits or denies the allegations of paragraph 37. 38. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN neither admits or denies the allegations of paragraph 38. 39‘ The Defendants ,PMG MORTGAGE [NC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN neither admits or denies the allegations of paragraph 39 as it calls 10 for a legal conclusion. 11 12 40. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN neither admits or denies the allegations of paragraph 40.. 13 14 41. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN neither admits or denies the allegations of paragraph 4| .. 15 16 42. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN denies the allegations of pamgmph 42. 17 18 FIRST CAUSE OF ACTION 19 (WRONGFUL FORECLOSURE) 20 The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN are not a defendants in this cause of action 21 22 SECOND CAUSE OF ACTION 23 (DECLARATORY RELIEF- CANCELLATION OF INSTRUMENTS 24 Cal. Civ. Code Section 34l2 25 50. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN restate and re-allege its/his answers to paragraph 1—42 as their answer to 26 paragraph 50 and state further that the note and deed of trust are valid legal instruments. Answer to Complaint and Certificate of Service SI. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN denies the allegations of paragraph 51 and demands strict proof thereof. 52. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN denies the allegations of paragraph 52 and demands strict proof thereof. 53. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN denies the allegations of paragraph 53 and demands strict proof thereof. 54. The Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN denies the allegations of paragraph 53 and demands strict proof thereof. THIRD CAUSE OF ACTION 10 VIOLATION OF THE UNFAIR PRACTICES ACT 11 (BUS & PROF CODE SECTION 17200 et seq.) 12 13 55. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND 14 SANDEEP BHASIN restate and re-allege its/his answers to paragraph [-54 as their answer to paragraph 55. 15 56. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND 16 17 SANDEEP BHASIN states the statute speaks for itself. 18 57. The Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND -19 SANDEEP BHASIN denies the allegations of paragraph 57 and demands strict proof thereof The Defendants state further that all of the alleged conduct occurred in 2007 well over the 3 year 20 statute of limitations. 21 58. The Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND 22 SANDEEP BHASIN denies the allegations of paragraph 58 and demands strict proof thereof. 23 59. The Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND 24 SANDEEP BHASIN denies the allegations of paragraph 59 and demands strict proof thereof. 25 26 Answer to Complaint and Certificate of Service 60. Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN denies the allegations of paragraph 60 and demands strict proof thereof. 61. Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN denies the allegations of paragraph 6] and demands strict proof thereof. 62. Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN denies the allegations of paragraph 62 and demands strict proof thereof FOURTH CAUSE OF ACTION QUIET TITLE (Cal Code of Civ. Proc. Section 760 et seq) 63. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND 10 SANDEEP BHASIN restate and re-allege its/his answers to paragraph 1-62 as their answer to 11 paragraph 63. 12 13 64. The Defendants ,PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND 14 SANDEEP BHASIN admit the allegations of paragraph 64. 15 65. Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND 16 SANDEEP BHASIN denies the allegations of paragraph 65 and demands strict proof thereof. 17 66. Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND 18 SANDEEP BHASIN denies the allegations of paragraph 66 and demands strict proof thereof. 19 67. Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN denies the allegations of paragraph 67 and demands strict proof thereof. 20 21 68. Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN denies the allegations of paragraph 68 and demands strict proof thereof 22 69. Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND 23 SANDEEP BHASIN denies the allegations of paragraph 69 and demands strict proof thereof. 24 70. Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND 25 SANDEEP BHASIN denies the allegations of paragraph 70 and demands strict proof thereof. 26 Answer to Complaint: and Certificate of Service 7l. Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN denies the allegations of paragraph 71 and demands strict proof thereof 72. Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN denies the allegations of paragraph 72 and demands suict proof thereof. 73. . Defendants, PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN denies the allegations of paragraph 73 and demands strict proof thereof FIRST AFFIRMATIVE DEFENSE (Failure to State a Cause of Action) 10 The claims and each purported cause of action therein contained fails to state facts 11 sufficient to state a cause of action against the Defendant. 12 13 SECOND AFFIRMATIVE DEFENSE 14 15 (Barred by the Statute of Limitations) 16 The Complaint is barred under the statute of limitations. Contract statute of limitations is 17 four years in the state ofCalifomia. The loan was funded in 2007 over six years ago. 18 THIRD AFFIRMATIVE DEFENSE 19 ( Failure to Mitigate) 20 Plaintiff has failed to take reasonable, appropriate measures to mitigate the damages 21 complained of by the exercise of lawful acts. 22 23 24 FOURTH AFFIRMATIVE DEFENSE 25 (No Duty) 26 Answer to Complaint and Certificate of Service The Complaint fails to allege facts sufficient to suppon the existence of a duty owed by Defendant to Plaintiff. FIFTH AFFIRMATIVE DEFENSE (No Reliance) The Complaint fails to allege facts sufficient to establish that Plaintiff reasonably relied upon alleged representations of fact made by Defendant to Plaintiff’s damages and detriment. 10 11 12 SIXTH AFFIRMATIVE DEFENSE 13 14 (In Par-iDelicto/ Unclean Hands) 15 Plaintiff is barred from relief it seeks by the doctrine of unclean hands and in pari 16 delicto, since Plaintiff is equally at fault for the matters alleged such that the Court would 17 not properly involve itself in resolving one sides claim over the othert 18 19 20 21 SEVENTH AFFIRMATIVE DEFENSE 22 of Frauds) ( Statute 23 Defendant alleges that any and all agreements set forth in the Complaint are barred by 24 the Statute of Frauds. 25 26 Answer to Complaint and Certificate of Service EIGHTH AFFIRMATIVE DEFENSE (Lack of Standing) Plaintifflacks standing to bring one or more claims in the Complaint. NINETH AFFIRMATIVE DEFENSE (Latches) Plaintiff claims are barred by doctrine of latches. WHEREFORE, THE DEFENDANT PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND SANDEEP BHASIN prays for ajudgment as follows: 10 1. That the Plaintifftakes nothing by way ofthe complaint. 11 12 2, That the Defendants receive an award of reasonable costs and attorneys‘ fees to the 13 14 Extent allowed by law. 15 16 17 3. That the Defendant be awarded cost of suit herein; 18 19 4. The Defendant receives such other and further relief as is shown to be just or proper. 20 21 22 23 Dated: November 26, 2013 By. Lisa Edgar-Dickm 24 Attorney for the D 11d 25 PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP AND 26 SANDEEP BHASIN Answer to Complaint and Certificate of Service VERIFICATION PMG MORTGAGE INC d/b/a PACIFIC MORTGAGE GROUP declares that I am the Defendant in the above actionr PMG verify that I have read the foregoing Verified Complaint and know its contents. PMG further verify that the matters stated therein are true ofits own knowledge, except as to matters which are stated, or alleged on information and belief and as those matters It believes them to be true, Ideclare under penalty of perjury under the State of California that the foregoing is true and correct to the best oI‘my knowledge and belicli I4 Executed on 3L day ofNovember, 2013 at Sane Ramon, California. I0 MORTGAGE IbIC'd/b/a PACIFIC MORTGAGE GROUP ll PMG 12 By: Sandecp Bhasin as president of PMG Mortgage, Inc. 13 14 15 VERIFICATION 16 I am the Defendant in the above action. verify that I have read II l, Sandcep Bhasin declares that I the foregoing Verified Complaint and know its contents I further verify that the matters stated 18 therein are true of its own knowledge, except as to matters which are stated, or alleged on information and belief and as those matters It believes them to be true )9 I declare under penalty ofperjury under the State ofCalifornia that the foregoing is true and 20 correct to the best ofmy knowledge and belief 21 22 Executed on 36d oI'November. 20]} at Sane Ramon, Califomial 23 24 25 Sandeep W; Bhasin 26 Answer to Complaint and Certificate of Service CERTIFICATE OF SERVICE I am not less than 18 years ofage and not a party within this case. My business address is 2451 Palmira Pl San Ramon, CA 94583. I served this Declaration by first class United States mail, postage prepaid at San Ramon, Califomia on the date noted below and addressed to those listed below.. Ideclare under penalty of perjury that the foregoing is true and correct. Ronald H. Freshman Law Office of Ronald H. Freshman 3040 Skycrest Drive Fallbrook, CA 92026 10 11 Dated: November 26, 2013 & Lisa Edgar-Die Btu 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Answer to Complaint and Certificate of Service