Memorandum Points and AuthoritiesCal. Super. - 6th Dist.December 4, 201713 l4 15 l6 19 20 21 22 RUGENAL c/o PO Box 53244 San Jose, California, 95153 Tel: (408) 364-5914 MAR 0 9 2022 Tania R. McCaSh, natural living woman, g ma Ein Pro per, Sui Juris E E SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA 191 N. First St. San Jose, CA 95113 WELLS FARGO BANK, N.A. ) Case: 17-CV-319979 v Plalmlfl g WFB MA. v. MCCASH TANIA R. MCCASH 3 Tania Rosemary McCash, the natural living Defendant ) woman and Next Friend, t0 the Legal Fiction ) and Defendant trust TANIA R. MCCASH Note: Tania Rosemary McCash, the natural living submits: woman, appears specially and not generally and not ‘ voluntarily herein, as agent for service of process and ) 2A) MEMORANIDU“; OF POINTS ICIND Next Friend for the Legal Fiction TANIA R. ) UTHORITIES N UPPORT 0F OTION V MCCASH, defendant trust, pursuant to the UNITED ) FOR PRELIMINARY INJUNCTION T0 PROHIBIT STATES special rules of Admiralty Rule e(8), to ) ENFORCEMENT 0F PLAINTIFF'S DEFAULT defend her personal honor only. ) JUDGMENT PENDING DEFENDANT'S MOTION ) FOR SET ASIDE 0F JUDGMENT AND MOTION CALGOVCODE S 6200/6201 ) FOR REHEARJNG CALPENCODE§ 13S ) 5) EXHIBITS: 'A' u WFB LETTER 0F CLOSED ACCT Under the doctrine of Capitis Dominutio . ._ Maxima, Plaintiff has consistently listed the; .E.#EgfigfifgggéggommCASEF‘LE Defendant in this case as an entity in an all ) 4) VERIFICATION capital name, then tried to impute that the Defendant i5 a flBSh 311d blOOd VVOlnan “’hose Cal. Code of Civ. Proc. § 526(a), 413.10 status has been redu.ced from that 0f.freedom, t0 ) Code 0f Civil Procedure § 1005 that of bondage Wlth loss of all rights as an American National and t0 family. Hearing Date; Federal Law stateg The use of fictitious names or ) __/_/2022 @ __:_ AM/PM addresses {ALL CAPITAL LEITERS) in a private individual's Judge: names or a ZIP DUDE against the individual's wishes is ) Dept: a crime under Title 39 U.S.E. Section 3003, Title 18 U.S.C. ) Trial Date: 1302. 13141, 13!:2. and is punishable by up t_o 15 years g imprisonment and $1,000,000.00 fine. Page 1 of 13 Case: 17-CU-319979 MEMORANDUM 0F POINTS AND AUTHORITIES IN SUPPORT [1F MDTIUN FUR PRELIMINARY INJUNCTIUN IO 11 12 13 l4 15 16 I7 18 19 20 21 22 23 24 25 26 27 28 Plaintiff has cunsistentlv vioLated this Federal Law in order ) to confuse the court because Plaintiffs know that the court ) is a legal fiction incorporated in WASHINGTON. DC as the ) CALIFORNIA JUDICIAL COUNSIL, which only has jurisdiction ) over other legal fictions-Not natural living human beings. Note to the Court Clerk: CalGovCode S 620016201; CalPenCode S 135 Concealment. removal. or mutilation qenerallv It is a Felony to remove files and documents from the Clerk‘s Office and anv of its facilities. It is also a criminal act to steal. destroy. mutilate. deface. alter or falsify anv files nr documents. Everv person who. knowing that anv bunk, paper. record. instrument in ertinq. 0r other matter or thinq. is about to be produced in 'evidence upon any trial, inquirv. 0r investigation whatever. authorized by law, willfullv destroys or conceals the same, with intent therebv to prevent it from beinq produced. is quiltv 0f a misdemeanor. Destroyinq 0r Uoncealinq Evidence is a misdemeanor offense that can be punished bv up t0 six months in iail and a fine of $1000. I. INTRODUCTION Herein will be explained how the illegal abuse 0f process, malicious, scandalous and frivolous prosecution by Plaintiff and Plaintiff‘s attorney for an noncollectable debt beyond the statutes of limitations, have trespassed, diminished community standing, dishonored, defamed, and inflicted character assassination on Tania Rosemary McCash, the natural woman, and has caused irreparable injufy and harm. ‘ 2) MEMORANDUM 0F POINTS AND AUTHORITIES IN SUPPORT 0F MOTION FOR PRELIMINARY INJUNCTION Cal. Code of Civ. Proc. 526(a) This motion is made pursuant to the provisions of Code of Civil Procedure section 526(a), and 413. 10 on the grounds that the Civil Case #17-CV-3 19979, has been conducted by Plaintiffs in fraud t0 illegally obtain, a default judgment order under false pretenses t0 the court and without due process to the Defendant by committing abuse 0f process and malicious scandalous and fiivolous prosecution. It shocks the conscious that Reese Law Group, attorney for Plaintiff and Plaintiff have committed perjury, by/and, misrepresented due process notice in the instant case, including non- service ofTANIA R. MCCASH, Legal fiction Defendant trust. It shocks the conscious that the Reese Law Group, attorney of record for Plaintiff, engaged in falsehood and demanded a default judgment from the court. The Tania Rosemary McCash, the natural living woman; not t0 be confused with the Legal Fiction TANIA R. MCCASH, Defendant Page 2 of 13 Base: 17-CV-319979 MEMORANDUM 0F POINTS AND AUTHORIHES IN SUPPORT [1F MOTION FUR PRELIMINARY INJUNCTIDN 10 11 12 13 15 l6 l7 18 19 20 21 22 23 24 25 26 27 28 trust in the instant case, had not been served in the instant case and denied due process. The SUPERIOR COURT case docket file reveals this fact pattern. Under 12 USC 953 2: all claims against any Name (person) made to or for the account of the United States, shall be acquitted and discharged and NO Name (person) shall be held for ANY PURPOSES in ANY court! Pursuant to Federal Court order by Federal Judge Arthur S. Weissbrodt, May 11, 2012, in Re.- Rosalie Aubree" Guancione, US Bankruptcy Case #1 1-57656 ASW, entered on Docket #86, {I 11: 28thru11 12: 8. The Order Reads: “ Most significantly, Debtor has provided a copy Ofcorrespondence from the IRS. t0 "Rosalie Guancione, a Maritime Tr", dared September 23, 2010, informing the recipient that the 1.12.8. assigned (he trust an Employer identification Number which is distinctfrom Debtor’s social security number. Although the letter is not completely dispositive, it supports Debtors position that debtor may be distinctfrom the maritime trust. Therefore, the court will not treat Debtor and the maritime trust as one in the same at thisjuncture. " It is ordered that ROSALIE GUANCIONE is not the same as Rosalie A. Guancione©, aka, I-II&RH Empress Aubreé Regina Dei Gratia©. [Rez Declarationzw Pg-Q; Line # 2, 4, 5 - Pg-3; Line # 6, 16 ] The SUPERIOR COURT in COUNTY OF SANTA CLARA, took subject matterjurisdiction against the Defendant exceeding approximately one (1) year and seven (7) months months beyond the 4/year statute of limitations for a debt collection in California pursuant to CCP § 337 when and ruled on the instant case Februaxy 11, 2021. The Defendant, was never served any court documents, prior to any hearing(s)within the 4/year statute 0f limitations to collect debts pursuant to California CCP § 337. A publication ofprocess 0f service was made by Reese Law Group in the instant case on April 20, 2020, pursuant t0 the SUPERIOR COURT case docket 0f filings. This Publication of service exceeded the 4/year statute of limitations to collect debts by approximately six months. Therefore, Plaintiffs publication process of service published on April 20, 2020, was ineffective and invalid. However, the Reese Law Group, attorney 0f record for Plaintiff, intended t0 pursue the instant case regardless of the legalities they violated. This shocks the conscious that BAR registered attorneys who took an oath would unethically perform such abuse 0f process.( Exhibit-‘C' ) Reese Law Group, attorney of record for Plaintiffi's have willfully, wantonly, knowingly abused the trusted legal process and have violated the 'due process' clauses of the United States Constitution. They performed this action so that the SUPERIOR COURT would take in Qersonam Page 3 0f 13 Case: 17-CV-319979 MEMORANDUM UF POINTS AND AUFHURITIES IN SUPPORT 0F MOTION FUR PRELIMINARY INJUNDTIDN 10 11 12 13 l4 15 16 I7 18 19 20 21 22 23 24 25 26 27 28 jurisdiction where there was none through out the instant case. Fictio Juris non est ubi veritos. (Exhibit-‘B' ) Supreme Court recently discussed in: Jones v. Flowers 547 U.S. 220, was a decision by the Supreme Court of the United States involving the due process requirement that a state give notice t0 an owner before selling his property to satisfy his unpaid taxes. See Rule 4g d1 of the Federal Rules of Civil Procedure Pier 39 v. Flags & Things. 2012 Cal. App. Unpub. LEXIS 7305.. Flags also claims the judgment is void because it did not receive due process in connection with the entry of default. There appears to be a conflict in California decisions whether a lack of due process renders the entry of a default judgment void or merely voidable. (See Adoption of B.C.(2011)195 Cal.App.4th 913, 925 [iudgment entered without due process is void]; Johnson v. E-Z Ins. Brokerage, Inc. (2009) 17S Cal.App.4th 86, 98-99 "A writing is ‘void ab initio ’ in the case offiaud in the inception, and it need not beformally rescinded as a prerequisite Io right ofavoidance Bonacci v. Massachusetts Bonding Ins. C0., (1943) 58 CA 2d 657,664 It shocks the conscious that the Reese Law Group, Plaintiffs attorney 0f record, has performed intrinsic fraud on the court, and extrinsic fraud 0n Tania Rosemary McCash, the natural living woman and Next Friend t0 the Legal Fiction TANIA R. MCCASH, Defendant trust. This preliminary injunction seeks to halt this fraud by prohibiting enforcement of the default judgment ordered on 02/1 1/2021, until a formal motioned hearing with prima facie evidence can be conducted by Tania Rosemary McCash in the court t0 reveal the actual true details in this matter. (ExhibitJB' ) " Plaintiffs default judgment obtained in fraud has already caused intense irreparable harm to the undersigned, i.e.; by damaging her good name, by loss of her good standing in the community, by defamation through character assassination, by dishonor in her local community and place 0f employment. By the court granting this preliminary injunction to the undersigned, it will give Tania Rosemary McCash the opportunity t0 reveal Via prima facie evidence the true facts stated in her declaration of truth, prior t0 any further harmful personal damage, by commencing with taking the minimum wages 0f her part-time job, which was granted in the default judgment and writ of execution. [Rez Declarationzw Pg-3, Line # 11, 12, 13, 14, 15 ] United States Constitution - Court procedures stem from the Fifth Amendment's and Fourteenth Amendment's guarantees of due process. Page 4 of l3 Case: 17-DV-319979 MEMORANDUM 0F PUINTS AND AUTHURmES IN SUPPORT [1F MOTION FUR PRELIMINARY INJUNDTIUN 10 11 l4 15 16 17 18 20 21 22 23 24 25 26 27 28 Supreme Court recently discussed in: Jones v. Flowers 547 U.S. 220, was a decision by the Supreme Court of the United States involving the due process requirement that a state give notice to an owner before selling his property to satisfy his unpaid taxes. See Rule 4(d) of the Federal Rules of Civil Procedure II. LEGAL ARGUMENT A. Restrainingfiommission 0r Continuance of Act. Code Civ. Proc. § 526(a)(1); An injunction may be granted when it appears by the complaint that the Defendant is entitled to the relief demanded and the relief, or any part thereof, consists in restraining the commission 0r continuance of the act complained 0f, Plaintiff for a limited period 0r perpetually. I Reese Law Group, attomey‘s for Plaintiff, and Plaintiff, with abuse of process did knowingly, willingly and wantonly, with unlawful intent petitioned the SUPERIOR COURT t0 illegally prosecute and obtain in fraud default judgment in the instant collections case one (1) year and seven (7) months beyond the statute 0f limitations for collection 0f debts, pursuant t0 the California Code 0f Civil Procedure § 337. The statute of limitations pursuant to a 'written credit card' contract/agreement is 4/years for collection according t0 California Code of Civil Procedure § 337. Once that period elapses, the debt collector loses its right t0 file a lawsuit against you. ( Exhibit-‘C' ) [ Re: Declaration: 1H] Pg-3; Line # 6, 7, Pg-4; Line #17, 18, 21 ] California Code 0f Civil Procedure § 337. A statute of limitations is a law that tells you how long someone has t0 sue you. If the contract is written, the statute of limitations is four (4) years under California Code of Civil Procedure section 337(a). The statutes of limitation is a prohibition to the right of the collector to file a lawsuit against the debtor. B. Court Must Consider the Likelihood That Defendant Will Prevail. In exercising the courts discretion, the trial court must consider two interrelated factors: (1) the likelihood that the Defendant Will prevail on the merits of the case at trial, and (2) the harm to be suffered by the Defendant if the inj unction does not issue as compared to the harm t0 be sufiered by the defendant if it does. [Rez Declaration: 1111 Pg-2; Line # 5 - Pg-3; Line: # 6, 7, 16 -Pg-4; Line # 17, 1s, 19, 22] ‘ Code Civ. Proc. §§ si6(a)(2) Page 5 0f 13 Case: 17-CU-319979 MEMORANDUM 0F POINTS AND AUTHORITIES IN SUPPORT 0F MOTION FUR PRELIMINARY INJUNDTIUN 10 lI 12 13 I4 15 16 17 18 l9 20 21 22 23 24 25 26 27 28 This definition warrants the use of the injunctive power 0f the court against a wrong that a trial judge deems insufferable, because it constitutes an overbearing assumption by one person 0f superiority and domination over the rights and property of others. Frefz v. Burke (1967) 247 Cal. App. 2d 741, 746, 55 Cal. Rptr. 879 Amoco Production C0. v Village ofGambell, 480 U.S. 531 People ofGambell v Clark, 774 F.2d 1414, 1428 (1984) Weinberger v Romero-Barcelo, 4S6 U.S. 305, 31 1-13 (1982) “Irreparable iniurv and harm” The “Irreparable injury and harm” cited herein that was inflicted upon Tania Rosemary McCaSh are actions defined by law, which prove she has been irreparably injured and harmed by Plaintiff and Plaintiff‘s attorney(s) in this instant case. The facts above match the cited case law below, because the same illegal actions are being brought in this instant case. The same irreversible irreparable harm and injuly action was and is being performed against Tania Rosemary McCash, the natural living woman, Next Friend to the Legal Fiction TANIA R. MCCASH, Defendant trust, by Reese Law Group, Plaintiff‘s attorney, and Plaintiff, with lack of due process and the fraudulent illegal actions taken t0 collect a debt that by law is over the statute of limitations by way 0f obtaining an illegal default judgment. The SUPERIOR COURT has given the Plaintiff approval t0 garnish wages of Tania Rosemary McCash, the natural living woman, Next Friend to TANIA R. MCCASH, Legal Fiction and Defendant trust. It shocks the conscious that the Reese Law Group, Plaintiffs attorney and Plaintiff, have engaged in conspiracy and in committed abuse of power, inasmuch as; harassed an elderly woman and committed elder abuse against Tania Rosemary McCash, the natural living woman - not to be confused with TANIA R. MCCASH, Legal Fiction and Defendant trust, to the point 0f illegally notifying the employer 0f her minimum wage part time job, to immediately and illegally garnish her wages. [Rez Declaration: 1m Pg-3; Line #11, 12, 13, 14, 15 ] The term 'irreparable injmy' means that species of damages, whether great or small, that ought not to be submitted to on the one hand or inflicted on the other. (Wind v. Herbert (1960) 186 Cal. App. 2d 276, 285, 8 Cal. Rptr. 817). Amoco Production Co. v Village ofGambell, 480 U.S. 531 People ofGizmbell v Clark 774 F.2d 1414, 1428 (1984) Weinberger v Romero-Barcelo, 456 U.S. 305, 31 1-13 (1982) Page 6 0f 13 Case: 17-CV-319979 MEMORANDUM 0F POINTS AND AUTHORITIES IN SUPPURT'UF MOTION FOR PRELIMINARY INJUNCTIUN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 D. Rendering Judgment Ineffectual. An injunction may be granted when it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, in some act in violation of the fights of another patty to the action respecting the subj ect of the action, and tending t0 render the judgment ineffectual Reese Law Group, attorney of record for Plaintiff and Plaintiff through their abuse 0f process, scandalous, frivolous and malicious prosecution through their falsehood to the court knowingly, willingly and wantonly presented false debt collection information to the SUPERIOR COURT, which was beyond the statute of limitations for collection in the STATE OF CALIFORNIA pursuant to CCP § 337, ( Exhibit-‘C' ) and Section 807: Federal Fair Debt Collection Practices Act. Reese Law Group, attorney of record for Plaintiff, and Plaintiff illegally denied Defendant due process. Reese Law Group, attorney 0f record for Plaintiff, and Plaintiff intended t0 falsely represent to the SUPERIOR COURT that Tania Rosemary McCaéh, the natural living woman was and is the Defendant, TANIA R. MCCASH, the Legal Fiction trust. Reese Law Group, attorney of record for Plaintiff, and Plaintiff was cognizant when intentionally representing falsely information to SUPERIOR COURT and demanding a default judgment. Section 807: Federal Fair Debt Collection Practices Act. [FDCPA] states ”a debt collector may not use anyfalse, deceptive or misleading representation 0r means in connection with the collection ofany debt. ” Reese Law Group, attorney of record for Plaintiff, and Plaintiff, knowingly, willfully and wantonly, was and is cognizant that Tania Rosemary McCash, the natural living woman is NOT the Legal Fiction entity 'TANIA R. MCCASH‘, Defendant trust, in the instant case. Tania Rosemary McCash, the natural living woman had never been served within the 4/year statute of limitations of debt collections, which is revealed on the prima facie SUPERIOR COURT case docket record of filings. (Exhibit-‘B') [Re: Declaration: 1m Pg-3; Line # 16 - Pg-4; Line #17, 18, 19] No OpportunitLto Be Heard... A judgment of a court without hearing the party or giving him an opportunity to be heard is not a judicial determination of his rights. Sabariego v Maverick, 124 US 261, 31 L Ed 430, 8 S Ct 461, and is not entitled to respect in any other tribunal. Page 7 of 13 Case: 17-CV-319979 MEMORANUUM [1F POINTS AND AUTHURmES IN SUPPORT 0F MOTION FUR PRELIMINARY INJUNBTIUN 11 12 13 14 15 16 I7 18 l9 20 21 22 23 24 25 26 27 28 Every person is entitled to an opportunity t0 be heard in a court of law upon every question involving his rights or interests, before he is affected by any judicial decision 0n the question. Earle v McVeigh, 91 US 503, 23 L Ed 398. It is a fundamental doctrine of law that a party to be affected by a personal judgment must have his day in court, and an opportunity to be heard. Renaud v. Abbott, 116 US 277, 29 L Ed 629, 6 S Ct 1194. ( Code Civ. Proc. § 526(a)(3); Heckmann v. Ahmanson (1985) 168 Cal. App. 3d 119, 136; Lenard v. Edmonds (1957) 151 Cal. App. 2d 764, 769, 312 P.2d 308; Rossz' v. Rossi (1955) 134 Cal. App. 2d 639, 641, 286 P.2d 563) E. Preservation of'Status Ouo. A preliminary injunction may be granted to preserve the status quo until a final determination 0f the merits 0f the action is determined. By SUPERIOR COURT 0f the COUNTY OF SANTA CLARA granting this preliminary injunction in the 'interest ofjustice', it prohibits Reese Law Group, attorney of record for Plaintiff, and Plaintiff, from continuing with abuse 0f process with the malicious, scandalous and frivolous prosecution of the instant case without merit 0r legal evidence, against the Tania Rosemary McCash, the natural living woman, Next Friend to the Legal Fiction TANIA R. MCCASH, Defendant trust, until the true merits of the case can be revealed and evaluated by an unbiased authority. [Re: Declaration: 1H] Pg-3, Line # 6, 7, 8, 9, 10, 11, 16 - Pg-4, Line # 17, 18, 19] "If a court grants relief, which under the circumstances it hasn't any authority t0 grant, its judgment is t0 that extent void.“ (1 Freeman 0n Judgments, 120c.) "A void judgment is no judgment at all and is without legal effect." (Jordon v. Gilligan, 500 F.2d 701, 710 (6th Cir. 1974) "A court must vacate any judgment entered in excess 0f its jurisdiction." (Lubben v. Selective Service System Local Bd. N0. 27, 453 F.2d 645 (lst Cir. 1972). (Continental Baking Co. v. Kat (1968) 68 Cal. 2d 512, 528, 67 Cal. Rptr. 761, 439 P.2d 889; People v. Black’s Food Store (1940) 16 Cal. 2d 59, 62, 105 P.2d 361; 013’s v. Fox (2012) 211 Cal. App. 4th 1036, 1047-1060, 151 Cal. Rptr. 3d 65; O’Connell v. Superior Court (2006) 141 Cal. App. 4th 1452, 1471, 47 Cal. Rptr. 3d 147) Page 8 of 13 Case: 17-DV-319979 MEMORANDUM 0F PDINTS AND AUTHORIHES IN SUPPORT UF MUTIUN FUR PRELIMINARY INJUNCTIUN 10 11 12 13 14 15 16 18 19 20 21 22 23 24 25 26 27 28 4) VERIFICATION I, the undersigned make this filing under penalty of perjury, that the content is true. Each 0f the signer(s) of this filing is a person having first hand knowledge 0f the facts stated herein. The undefsigned has made a reasonable inquiry into fact and law and affirms to the court that this memorandum of points and authorities in support 0f motion for injunction: 1) is not frivolous or intended solely to harass. 2) is not made in Bad Faith - Nor for any improper purpose, i.e. harass or delay. 3) may advocate changes in the law - arguments justified by existing law or non-frivolous argument to change law. 4) has Foundations for factual allegations - alleged facts have evidentiary support. 5) and has Foundation for denials - denials of factual allegations must be warranted by evidence. 6) prepared ops consili. All Rights Reserved UCC §§ 1-308, 1-2079 Date: fi/fl/zozz ByCI/Ifj “ Tania Rosemary McCash, the natural living woman, in Pro Per, and Next Friend to TANIA R. MCCASH ExhibitsAtracked: 5) Exhibits: A- WFB letter stating that account was closed B- SUPERIOR COURT Docket Case File Q- California Code of Civil Procedure § 337 Page 9 of 13 Case: 17-CV-319979 MEMORANDUM UF POINTS AND AUTHORITIES IN SUPPORT 0F MOTION FUR PRELIMINARY INJUNBHUN IO Il 12 13 l4 15 l6 l7 18 l9 20 21 22 23 24 25 26 27 28 DECLARATION OF TRUE AND CORRECT COPY UNDER PENALTY 0F PERJURY BY: Tania Rosemarv McCASH, the natural livingivoman and Next Friend to Defendant I, Tania Rosemary McCash, the natural living woman and Next Friend t0 Legal Fiction TANIA R. MCCASH, Defendant herein, declare under penalty of perjury 0f the Laws of the UNITED STATES and the California Republic that: I have read and examined the foregoing Exhibit(s) herewith: > I do certify that Exhibit-‘A', WELLS FARGO BANK, N.A.'s letter notifying that the account was closed 0n September 27, 2015 is an actual and true copy of the original document. > I d0 certify that Exhibit-'B', which is the SUPERIOR COURT exhibit, is an actual true and correct copy 0f the original docket case file as maintained by the SUPERIOR COURT Records Clerk, which was given directly to the undersigned by SUPERIOR COURT Records Clerk. > I do certify that Exhibit-'C', that the STATE OF CALIFORNIA collections code quoted here in is the actual lawful California Code 0f Civil Procedure § 337. The undersigned submits this recorder as document custodian in the instant case. A11 Rights Reserved UCC §§ 1-308, 1-2079 Date: 0‘2 mi /2022 Y Tania Rosemary McCash, the natural living woman, in Pro Per, and Next Friend to TANIA R. MCCASH Page 10 0f 13 Case: 17-EV-319979 MEMORANDUM DF POINTS AND AUTHORITIES IN SUPPORT UF MUTIUN FUR PRELIMINARY INJUNBTION 10 11 12 I3 l4 16 17 19 20 21 22 23 24 25 26 27 28 5)Exhibit: A WELLS FARGO BANK, N.A. OF NOTIFICATION THAT THE ACCOUNT WAS CLOSED SEPTEMBER 27, 2015. THIS PRIMA FACIE EVIDENCE OF THE LETTER FROM WELLS FARGO BANK, N.A. SHOWS THAT PLAINTIFF'S 4 YEARS WERE EXPIRED WHEN THE DEFAULT JUDGMENT WAS OBTAINE. THEREFORE, THE DEFAULT JUDGMENT IS INVALID. Page 11 of 13 Case: 17-[3V-3‘l9979 MEMORANDUM [1F POINTS AND AUTHORITIES IN SUPPORT [1F MUTIUN FUR PRELIMINARY INJUNETIUN WELLS FARGO CARD SERVICES WELLS 13.0. Box 30086 FARGO L03 ANGELES, CA 90030 September 27, 2015 TANIA R MCCASH 259“ 6501 CROWN BLVD # 106B5 SAN JOSE CA 95120-2903 3209 lllllllllllllllllllllllunllllIllllllllll”IIIIHHIIIIIIIIIIIII Subject: Notification that yourcredit card account ending in 0590 has been closed Current Balance: $16,078.41 Amountpast Due: $~l;393:00~~ “m ‘-'*“-** * u ' ‘ ***** '- u- n OVErlimit Amount: $1,078.41 Dear Tania R Mccash: We are writing to let you know your above-referenced credit card account has been closed because it is past due. In accordance with your Customer Agreement and Disclosure Statement that governs your Wells Fargo credit card account, all cards issued on this account are canceled and your account has been closed. Please do the following: * Destroy all credit cards for this account. * Cancel any preauthorized recurring‘charges. * Send us $1,393.00 today to the address below t0 prevent further collection action. Card Services P.O. Box 30086 Los Angeles, CA 90030 * Or, visit wwgellsfargocom or your mobile device at m.fifcgm to make a payment online 24 hours a day, 7 days a week. You remain obligated to pay the outstanding balance due on your credit card. If you are unable to pay the past due amount, or wish t0 speak to one of 011: rapresentatiVes, please call ].-800-988-8019. We are here to assist you Monday through Thursday from, '7.00 a.m to 10:OO p.m. Friday from, 7:00 a.m to 7:OO p.m., Saturday and Z Sunday from, 8:OO a.m. £074:30 p.m. Centm Time. For customers with hearing or speech disabilities, We accept telecommunications relay service calls. S incerely, Larry del Larry Tewell Senior Vice President Wells Fargo Card Services The law of some states require us to inform you that this communication is an attempt to collect a debt and that tha infurmatiun obtained Hill be used for that purpose. 5596 3531 8300 0000 CUfifl? 5270 FCDUUZS944 1% ?i 5:." ,. 10 lI 12 13 14 15 l6 I7 13 I9 20 21 22 23 24 25 26 27 28 5) Exhibit: B SUPERIOR COURT DOCKETCASE FILE SUPPLIED BY THE COURT RECORDS CLERK OF THE COURT RECORDS DEPARTMENT PRINTED OUT THE DOCKET CASE SHEET 0F THIS EXHIBIT PROVING BY THE LOGGED/NOTED 'PROOF OF SERVICE', WHICH STATES NON-SERVICE TO DEFENDANT. THIS PROVES DEFENDANT WAS NEVER SERVED, ANY COURT DOCUMENTS. THUS, ALL COURT PROCEEDINGS BROUGHT TO DATE BY PLAINTIFF HAVE BEEN CONDUCTED ILLEGALLY IN FRAUD WITHOUT DUE PROCESS TO DEFENDANT. Page 12 of 13 Case: 17-CV-319979 MEMORANDUM DF POINTS AND AUTHORITIES EN SUPPURT 0F MOTION FUR PRELIMINARY INJUNCTIUN CIVIL REGISTER 0F ACTIONS CASE NO. 17CV319979 Wells Fargo Bank, N.A. et al vs Tania McCash § Location: Civil § Judicial Officer: Rudy. Christopher G § Filed 0n: 12/04/2017 § Case Number History: ' CASE INFORMATION Statistical Closures 02/1 1/2021 Judgment ~ Default Judgment by Court Case Type: Collections Rule 3.740 Limited (09) - 10,000 - 25,000 DATE CASE ASSIGNMENT Current Case Assignment Case Number 17CV3 19979 Court Civil Date Assigned 0 I/l 5/2021 Judicial Officer Rudy, Christopher G PARTY INFORMATION Plaintiff Wells Fargo Bank, NA. Wells Fargo Bank. NA. Defendant McCash, Tania R Lead Attorneys Reese, Harlan Michael Retained 760-842-5850(W) DATE . EVENTS & ORDERS OFTHE COURT INDEX “12/04/2017 Q Civil Case Cover Sheet “12/04/2017 E Petition (Limited); >$10K and <$25K \/ 12/04/2017 fl Summons: Issued/Filcd “12/04/2017 fl Affidavit: Venue \/12/ 19/2017 Q Declaration: Non-Service For: Plaintiff Wells Fargo Bank, N.A. Against: Defendant McCash, Tania R \/ 0 1/081’20 I 3 Q Declaration: Non-Service For: Plaintiff Wells Fargo Bank, N.A. Against: Defendant McCash, Tania R “04/22/2019 E Substitution: Attorney OLD: WIN/NEW: REESE For: Plaintiff Wells Fargo Bank, N.A. J 04/03/2020 Q Request: Order for Service by Posting/Publication For: Plaintiff Wells Fargo Bank, N.A. \/04/03/2020 g Declaration: In Support PAGE l OF 3 Prinred on 02/1 7/2022 a! 8:34 AM \flwomozo \/04/24/2020 '\/07/23/2020 \/ 09/29/2020 \AW29/2020 \/o9/29/2020 \/09/29/2020 \/09/29/2020 \/ 02/1 1/2021 / 02/1 1/2021 02/1 1/2021 ,\ 05/1 8/2021 CIVIL REGISTER 0F ACTIONS CASE N0. 17CV319979 ofORDER PERMITTING SERVICE BYPUBLICATION For: Plaintiff Wells Fargo Bank, NA. fl Declaration: In Support 0F D WILSONJORDAN ESQ For: Plaintiff Wells Fargo Bank, N.A. fl Order Permitting Service by Publication For: Plaintiff Wells Fargo Bank, NA. E Affidavit: Proof of Publication Afiidavit: ProofofPublication For: Plaintiff Wells Fargo Bank, N‘A. a Default Entered For: Plaintiff Wells Fargo Bank, NA. Against: Defendant McCash, Tania R E Declaration: In Support For: Plaintiff Wells Fargo Bank, N.A. E Declaration: In Support For: Plaintiff Wells Fargo Bank, N.A. fl Declaration: In Supfiort For: Plaintiff Wells Fargo Bank, N.A. E Declaration: In Support For: Plaintiff Wells Fargo Bank, N.A. a Order RE: Copies For: Plaintiff Wells Fargo Bank, N.A. E Judgment: Default $ I9, 1 62. 02 (ESERVED 2/23/2021) For: PIaintiff Wells Fargo Bank, N.A. Against: Defendant McCash, Tania RME Default Judgment by Court (CV) (Judicial Officer: Rfidy, Christopher G) Party (Wells Fargo Bank, N.A.; McCash, Tania R; Wells Fggo Bank N.A.) Judgment- Monetary Award Awarded To. Wells Fargo Bank, N.A. Awarded Against: McCash, Tania R Amount Damages: $17,352.02 Attorney Fees: $925.00 Costs: $885.00 Total: $19,162.02 Status: Active Status Date: 02/1 1/2021 Abstract of Judgment: Issued Fees Paid By: Plaintiff Wells Fargo Bank, N.A. PAGE 2 OF 3 s Primed on 02/1 7/2022 a! 8:34AM (11/12/2021 \/1 1/12/2021 CIVIL REGISTER 0F ACTIONS CASE N0. 17CV319979 E Memorandum 0f Costs For: Plaintiff Wells Fargo Bank, NA. fl Declaration re: Waiver ofPost Judgment Interest and Costs For: Plaintiff Wells Fargo Bank, N.A. 11/23/2021 Writ: Execution (Issued) Sacramento. $1 9202. 02 Fees Paid By: Plaintiff Wells Fargo Bank, NA. 02/16/2022 E Ex Parts Application - Notice Required For: Defendant McCash, Tania R 02/16/2022 E Proof 0f Service For: Defendant McCash, Tania R ' 02/16/2022 fl Proof of Service: Mail For: Defendant McCash, Tania R 02/16/2022 E Order: Ex Pane DENIED *See Orderfor Delai[s* For: Defendant McCash, Tania R DATE FINANCIAL INFORMATION Defendant McCash, Tania R Total Charges Total Payments and Credits Balance Due as of 2/17/2022 Plaintiff Wells Fargo Bank, NA. Total Charges Total Payments and Credits Balance Due as of 2/17/2022 PAGE 3 OF 3 60.00 60.00 0.00 480.25 480.25 0.00 Primed 0n 02/1 7/2022 a! 8:34AM 10 ll 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 California Code of Civil Procedure 8 337. A statute of limitations is a law that tells you how long someone has to sue you. If the contract is written, the statute 0f limitations is four (4) years under Caflflfomfia Code 0f Cfivfill Procedure section 337. The statutes of limitation is a prohibition t0 the right of the collector t0 file a lawsuit against the debtor. 5) Exhibit: C Page 13 nf 13 Case: 17-EV-3I9979 MEMORANDUM DF POINTS AND AUTHORITIES IN SUPPORT 0F MOTION FUR PRELIMINARY INJUNCTIUN