10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Joseph E. Addiego III (CA SBN 169522) John D. Freed (CA SBN 261518) DAVIS WRIGHT TREMAINE LLP 505 Montgomery Street, Suite 800 San Francisco, California 941 11 Telephone: (415) 276-6500 Facsimile: (415) 276-6599 Email: jakefreed@dwt.com joeaddiego@dwt.com Attorneys for Defendant JPMORGAN CHASE BANK, N.A Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/14/2020 12:33 PM Reviewed By: F. Miller Case #1 9CV349019 Envelope: 5105433 . IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SANTA CLARA UNLIMITED JURISDICTION RALPH B. NEAL, Plaintiff, V. FIRST AMERICAN TITLE INSURANCE CO., et al., Defendants. Case N0. 19CV349019 DEFENDANT JPMORGAN CHASE BANK, N.A.’S NOTICE TO STATE COURT AND ADVERSE PARTIES OF REMOVAL OF ACTION TO FEDERAL COURT Dept. 6 Judge: Hon. Maureen A. Folan Action Filed: June 17, 2019 NOTICE TO STATE COURT AND ADVERSE PARTIES OF REMOVAL OF ACTION TO FEDERAL COURT Case No. 19CV349019 A flow 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO THE CLERK OF THE COURT, ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that 0n October 13, 2020, Defendant JPMorgan Chase Bank, N.A. filed a Notice ofRemoval of this action in the United States District Court for the Northern District 0f California. A true and correct copy of the Notice of Removal and supporting documents are attached as Exhibit 1 t0 this notice and served and filed herewith. PLEASE TAKE FURTHER NOTICE that, pursuant to 28 U.S.C. § 1446, the filing of the Notice 0f Removal in the United States District Court for the Northern District 0f California, together With the service and filing 0f this Notice, effect the removal 0f this action, and “the State court shall proceed n0 further unless and until the case is remanded.” Dated: October 14, 2020 DAVIS WRIGHT TREMAINE LLP JOSEPH E. ADDIEGO III JOHN D. FREED £3.21 John D. Freed Attorneys for Defendant JPMORGAN CHASE BANK, N.A 1 NOTICE TO STATE COURT AND ADVERSE PARTIES OF REMOVAL OF ACTION TO FEDERAL COURT Case No. 19CV349019 A flow 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE Ralph B. Neal. vs. First American Title Insurance C0., et al. Santa Clara County Superior Court Case N0. 19CV349019 I am a resident 0f the State of California, over the age of eighteen years, and not a party t0 the Within action. My business address is: Davis Wright Tremaine LLP, 505 Montgomery Street, Suite 800, San Francisco, CA 941 1 1. On the below-mentioned date, I served the Within document(s): DEFENDANT JPMORGAN CHASE BANK, N.A.’S NOTICE TO STATE COURT AND ADVERSE PARTIES OF REMOVAL OF ACTION TO FEDERAL COURT M VIA U.S. MAIL: I caused a true and correct copy of the document(s) t0 be placed in an envelope With postage thereon fully prepaid for collection and mailing 0n October 14, 2020, in accordance with the office practice 0f Davis Wright Tremaine LLP. I am familiar With the office practice 0f Davis Wright Tremaine LLP for collecting and processing correspondence for mailing with the United States Postal Service, Which practice is that When correspondence is deposited With the Davis Wright Tremaine LLP, personnel responsible for delivering correspondence to the United States Postal Service, such correspondence is delivered to the United States Postal Service in San Francisco, California that same day in the ordinary course 0f business. Ralph B. Neal Gwen H. Ribar, Esq., SBN 188024 1588 Calco Creek Drive Cathy K. Robinson, Esq., SBN 226275 San Jose, CA 95 127 WRIGHT, FINLAY & ZAK, LLP Tel: (408) 219-1 188 4665 MacArthur Court, Suite 200 Newport Beach, CA 92660 Pro per Plaintifi" Telephone: (949) 477-5050 Email: crobinson@wrightlegal.net Attorneysfor Defendants SELECT PORTFOLIO SERVICING, INC.; and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS- THROUGH CERTIFICATES SERIES " I declare under penalty of perjury under the laws of the State 0f California that the above is true and correct. Executed on October 14, 2020 at Mill Valley, California. aw."34W Elaine Fischman PROOF OF SERVICE EXHIBIT A TO NOTICE OF FILING NOTICE OF REMOVAL OF ACTION TO FEDERAL COURT .p \OOOQQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 5:20-cv-07127 Document 1 Filed 10/13/20 Page 1 0f 5 Joseph E. Addiego III (CA SBN 169522) John D. Freed (CA SBN 261518) DAVIS WRIGHT TREMAINE LLP 505 Montgomery Street, Suite 800 San Francisco, California 941 11 Telephone: (415) 276-6500 Facsimile: (415) 276-6599 Email: jakefreed@dwt.com joeaddiego@dwt.com Attorneys for Defendant JPMORGAN CHASE BANK, N.A. IN THE UNITED STATES DISTRICT COURT THE NORTHERN DISTRICT OF CALIFORNIA RALPH B. NEAL, Case N0. Plaintiff, NOTICE OF REMOVAL OF ACTION V. UNDER 28 U.S.C. §§ 1332 and 1441 FIRST AMERICAN TITLE INSURANCE CO., (Santa Clara County Superior Court et a1., Case N0. 19CV349019) Defendants. Complaint Filed June 17, 2019 Complaint Served September 11, 2020 TO THE CLERK OF THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNLA: Pursuant t0 28 U.S.C. §§ 1332, 1441(a), and 1446, Defendant JPMorgan Chase Bank, N.A. (“Chase”) hereby removes the above-captioned case, originally filed in the Superior Court 0f the State of California, County 0f Santa Clara, Case N0. 19CV349019 (the “State Action”), t0 the United States District Court for the Northern District 0f California.1 1 Chase preserves all Rule 12(h) obj ections. See Wright & Arthur R. Miller, Federal Practice and Procedure § 1395 (3d ed. 2004) (quoting Greenberg v. Giannini, 140 F.2d 550, 553 (2d Cir. 1944)) (“When a defendant removes an action from a state court in Which he has been sued, he consents to nothing and ‘waives’ nothing; he is exercising a privilege unconditionally conferred by statute, and, since the district court to Which he must remove it is fixed by law, he has no choice, without which there can be no “waiver. ”’). 1 NOTICE 0F REMOVAL 0F ACTION UNDER 28 U.S.C. §§ 1332 & 1441 CASE N0. A \OOOQQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 5:20-cv-07127 Document 1 Filed 10/13/20 Page 2 0f 5 1. On or about June 17, 2019, Plaintiff Ralph Neal filed a Complaint in the Superior Court 0f California for Santa Clara County, alleging declaratory relief, cancellation 0f instruments, and other claims (“Complaint”). A true and correct copy of the Complaint is attached to this Notice 0f Removal as Exhibit A. Plaintiff” s claims for relief are directed t0 Chase, Select Portfolio Servicing, Inc. (“SPS”), U.S. Bank, NA, as sucessor in interest to LaSalle Bank NA, as trustee on behalf of the holders of the the WaMu Mortgage Pass-Through Certificates Series 2007- OA6 (“U.S. Bank”), and First American Title Insurance Co. (“FATCO”). 2. Plaintiff served Chase by hand With the Complaint and Summons 0n September 11, 2020. This Notice ofRemoval is therefore timely filed Within the 30-day time period set forth in 28 U.S.C. § 1446(b); Fed. R. CiV. P. 6(a)(1)(C). 3. The other Defendants-SPS, U.S. Bank, and FATCO-have been served. Chase is not aware of the existence or service 0f any “Doe” defendant. Both SPS and U.S. Bank consent t0 this removal. Because FATCO is a nominal and/or fraudulently-joined defendant, its consent t0 removal is not required. Emrich v. Touche Ross & C0., 846 F.2d 1190, 1193 (9th Cir. Cal. 1988) (“Ordinarily, under 28 U.S.C. § 1446(a), all defendants in a state action must join in the petition for removal, except for nominal, unknown 0r fraudulently joined parties. This general rule applies, however, only t0 defendants properly joined and served in the action”) (citations omitted). 4. Removal jurisdiction is proper based on diversity of citizenship, as set forth below. 28 U.S.C. § 1332. VENUE 5. Venue lies in the United States District Court in and for the Northern District of California, pursuant t0 28 U.S.C. §§ 1391(3) and 1441(a), as said District Court is the federal judicial district embracing the Santa Clara County Superior Court, Where the suit was originally filed, 28 U.S.C. § 128(b). Plaintiff also alleges he was injured in this District. FEDERAL JURISDICTION UNDER 28 U.S.C. 8 1332 6. This Court has original jurisdiction under 28 U.S.C. § 1332, and this case is thus removable under 28 U.S.C. § 1441(a), because the amount in controversy exceeds $75,000, 2 NOTICE 0F REMOVAL 0F ACTION UNDER 28 U.S.C. §§ 1332 & 1441 CASE N0. A \OOOQQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 5:20-cv-07127 Document 1 Filed 10/13/20 Page 3 0f 5 exclusive 0f interest and costs, and the suit is between citizens 0f California and a foreign business entity. 7. The amount in controversy exceeds $75,000.00 because Plaintiff seeks to cancel a Deed of Trust securing a $1,000,000.00 loan t0 Plaintiff. (Compl. 1N 13, 49, EX. A.) It also exceeds $75,000.00 because Plaintiff seeks to enjoin foreclosure 0f real property located at 1588 Calco Creek, San Jose, CA 95 127 (the “Property”), and obtain declaratory relief as to the parties’ respective rights in the Property. (See Comp]. W 64-66.) The Ninth Circuit recognizes that in an action to enjoin foreclosure, the amount in controversy is measured by the entire value 0f the real property at issue. See Chapman v. Deutsche Bank Nat’l Trust C0,, 651 F.3d 1039, 1045 n.2 (9th Cir. 201 1); Cohn v. Petsmart, Ina, 281 F.3d 837, 839 (9th Cir. 2002) (“In actions seeking declaratory or injunctive relief, it is well established that the amount in controversy is measured by the value of the object of the litigation”) (quoting Hunt v. Wash. State Apple Adver. Comm ’n, 432 U.S. 333, 347 (1977)); see also Garfinkle v. Wells Fargo Bank, 483 F.2d 1074, 1076 (9th Cir. 1973) (finding that the amount in controversy in an action t0 enjoin a foreclosure sale is value 0f the real property at issue); Reyes v. Wells Fargo Bank, N.A., 2010 WL 2629785, *4-5 (N.D. Cal. 2010) (finding amount-in-controversy requirement met where plaintiffs sought injunctive relief preventing bank from foreclosing and the value of property exceeded $75,000). According to the Santa Clara County Assessor, the current tax assessed value of the Property is $1,025,045? The jurisdictional amount in controversy requirement is therefore satisfied. 8. Plaintiff is a California resident. (Compl. 1] 10.) 9. For purposes of diversity jurisdiction under 28 U.S.C. §§ 1332 and 1348, a national banking association is a citizen of the state in which its main office, as identified in its articles 0f association, is located. See Wachovia Bank, N.A. v. Schmidt, 546 U.S. 303, 318 (2006) (rejecting argument that national banking association is a citizen of every state in Which it operates). 2 The tax assessed value of the Property can be retrieved from the Santa Clara County Assessor at https://www.sccassessor.org/index.php/online-services/property-search/real-property. A copy of the assessment is also attached hereto as Exhibit B. 3 NOTICE 0F REMOVAL 0F ACTION UNDER 28 U.S.C. §§ 1332 & 1441 CASE N0. A \OOOQOUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 5:20-cv-07127 Document 1 Filed 10/13/20 Page 4 0f 5 10. Chase is a national banking association, organized under the laws of the United States, With its main office in Columbus, Ohio. 11. SPS is a Utah Corporation With its principal place of business in Salt Lake City, Utah. SPS consents t0 this removal. 12. U.S. Bank is a national banking association, organized under the laws of the United States, With its main office in Cincinnati, Ohio. U.S. Bank consents to this removal. 13. FATCO is a Nebraska Corporation With its principal place 0f business in Santa Ana, California. FATCO is named in this suit in its capacity as a foreclosure trustee. A trustee is a nominal defendant and its location is irrelevant t0 the diversity analysis. See 13E C. Wright, A. Miller, & E. Cooper, Fed. Prac. & Proc. § 3606, p. 231 (3d ed. 2009) (in determining diversity, “the citizenship 0f nominal 0r formal parties Who have n0 interest in the action Will be ignored; if the real controversy is between citizens of different states, the court has subject matter jurisdiction”). See also Strotek Corp. v. Air Transport Ass ’n 0fAm., 300 F.3d 1129, 1133 (9th Cir. 2002) (nominal party disregarded in diversity jurisdiction analysis); Prudential Real Estate Afiliates, Inc. v. PPR Realty, Ina, 204 F.3d 867, 873 (9th Cir. 2000) (“We Will ignore the citizenship 0f nominal 0r formal parties Who have n0 interest in the action”). If a trustee “has no interest in the outcome 0f [the] litigation,” the trustee “is a nominal defendant,” and “its citizenship is not considered for the purpose 0f establishing diversity jurisdiction.” Prasad v. Wells Fargo Bank, N.A., No. C1 1-894-RSM, 2011 WL 4074300, *3 (W.D. Wash. Sept. 13, 201 1); see Townsend v. Quality Loan Service Corp. 0f Washington, N0. 3:12-CV-05778-RBL, 2012 WL 5330972, at *2-*3 (W.D. Wash. Oct. 26, 2012) (citing Prasad and holding that plaintiffs made no substantive claims of wrongdoing against the trustee, that the trustee was a nominal defendant, and that its citizenship is not considered in establishing diversity jurisdiction). Indeed, courts have called trustees “theparadigmatic nominal defendant[s],” which “[are] not considered for the purpose of establishing diversity jurisdiction” particularly where a trustee is joined “merely because he occupies the position pursuant t0 a deed 0f trust.” Prasad, 2011 WL 4074300, at *2-*3 (emphasis added), quoting SEC v. Cherif, 933 F.2d 403, 414 (7th Cir. 1991) (noting that “most 4 NOTICE 0F REMOVAL 0F ACTION UNDER 28 U.S.C. §§ 1332 & 1441 CASE N0. A \OOOQOUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 5:20-cv-07127 Document 1 Filed 10/13/20 Page 5 0f 5 courts that have considered the issue of whether a trustee under a deed of trust is a nominal defendant in an action challenging foreclosure. .. have taken the position advanced by [the lender]”, i.e., that the trustee is nominal). MISCELLANEOUS 14. Chase Will promptly file a copy 0f this Notice of Removal With the Clerk of the Santa Clara County Superior Court of the State of California. 15. The process, pleadings, or orders received 0r served by, 0r otherwise found in the State Action court file and available t0 Chase at the time 0f the filing 0f this removal consist 0f: the Summons and Complaint, and various other documents, true and correct copies of Which are attached hereto as Exhibit A (filed as bookmarked pdf with individual documents identified therein). 16. Chase has good and sufficient defenses to this action, and does not waive any defenses, jurisdictional 0r otherwise, by the filing 0f this notice. 17. Written notice of the filing 0f this Notice 0f Removal and the removal of the state court action is being served on Plaintiff. 18. The removal of this action terminates all potential proceedings in Santa Clara County Superior Court. See 28 U.S.C. § 1446(d). Based on the foregoing, Chase hereby removes this action from the Santa Clara County Superior Court to this Court, and requests that further proceedings be conducted in this Court as provided for by law. DATED: October 13, 2020 DAVIS WRIGHT TREMAINE LLP Joseph E. Addiego, III John D. Freed By: /s/J0hn D. Freed John D. Freed Attorneys for Defendant JPMORGAN CHASE BANK, N.A. 5 NOTICE 0F REMOVAL 0F ACTION UNDER 28 U.S.C. §§ 1332 & 1441 CASE N0. EXHBIT A Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 1 of 311 Table of Contents 1. 2019.06.17 Complaint 2. 2019.6.17 Cover Sheet 3. 2019.06.17 Summons 4. 2019.06.27 Motion for Preliminary Injunction, OSC and Other Ancillary Relief; MPA; Decl of R. Neal 5. 2019.07.10 Disclaimer of Interest & Decl. of Nonmonetary Status by Def. FATI Co. 6. 2019.07.10 Proof of Service 1 7. 2019.07.10 Proof of Service 2 8. 2019.07.16 Opp of Def Select Portfolio Servicing to Pltfs Appl for Injunction 9. 2019.07.16 RJN ISO Select Portfolio Servicing Opp to Injunction 10. 2019.07.18 Notice of Demurrer and Demurrer of Defs. SPS and US Bank Successor Trustee to Pltfs Complaint; MPA 11. 2019.07.23 Minute Order 12. 2019.07.23 Objection to Judicial Notice ISO for SPS's Opp to Enjoyment & Criminal Charges 13. 2019.08.05 Order Denying Pltf's Motion for Preliminary Injunction 14. 2019.08.12 Notice of Motion; Motion for Reconsideration on Order Denying Preliminary Injunction; MPA ISO Motion; Declaration of R. Neal 15. 2019.08.13 Notice of Motion; Motion for Reconsideration on Order Denying Preliminary Injunction 16. 2019.08.22 Opp of Defs SPS and US Bank to Pltfs Motion for Reconsideration 17. 2019.09.09 Defs Case Management Statement 18. 2019.09.25 Notice of Motion; Motion to Disqualify Opposing Counsels and Vacate Orders Pertaining their Legal Rep; MPA; Decl. 19. 2019.09.27 Minute Order 20. 2019.10.01 Minute Order 21. 2019.10.01 Notice of Continuance re CMC 22. 2019.10.30 Opp of Defs SPS and US Bank to Pltf's Motion to Disqualify Opposing Counsels 23. 2019.11.07 Minute Order 24. 2019.12.17 Minute Order 25. 2019.12.17 Notice or Ruling re Pltfs Motion to Disqualify Counsels and Vacate Orders Pertaining their Legal Rep 26. 2020.01.02 [Proposed] Judgment of Dismissal 27. 2020.01.27 Order re Pltfs Motion to Disqualify Opposing Counsels and Vacate Orders Pertaining their Legal Rep 28. 2020.01.28 Order re Defs SPS and US Bank's Demurrer to the Complaint 29. 2020.01.30 Notice of Entry of Order 30. 2020.02.06 Notice of Motions; Motion for Reconsideration on Order and to File FAC; MPA 31. 2020.02.11 Proposed Order - Cover Sheet 32. 2020.03.02 Defs Case Management Statement 1 64 66 67 76 80 81 82 93 134 148 149 167 170 184 186 193 199 209 210 211 214 217 218 219 224 227 232 238 247 269 274 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 2 of 311 33. 2020.03.05 Notice of Rescheduled Hearing 34. 2020.03.17 Objs of Defs SPS and US Bank to Decl of Pltf Filed ISO Motion for Reconsideration 35. 2020.07.27 Defs Case Management Statement 36. 2020.07.29 Supp MPA; Decl of R. Neal 37. 2020.7.31 Minute Order 38. 2020.08.10 Pltfs Case Management Statement 39. 2020.08.19 Minute Order 280 282 286 292 301 302 308 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 3 of 311 10 ll 12 l3 14 15 16 l7 18 19 20 21 22 23 24 25 RALPH B. NEAL 1588 Calco Creek San Jose, CA 95127 Tél (408)219-1188 Plaintiff In Proper ILE JUN l7 2019 SUPERIOR COURT OF CALIFORNIA SANTA CLARA COUNTY (Unlimited Jurisdiction) RALPH B. NEAL, Plaintiffs, VS. FIRST AMERICAN TITLE INSURANCE CO; U.S. BANK NA, SUCCESSOR FN INTEREST TO LA SALLE BANK, NA AS TRUSTEE ON BEHALF OF THE HOLDERS OF THE WAMU MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007-OA6; JP MORGAN CHASE; SELECT PORTFOLIQSERVICING INC, AND DOES 1:20, inclusive, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CivilCaseNo.l 9vcv3 4901 9 COMPLAINT FOR: 1 . CANCELLATION 0F NOTICE 0F DEFAULT (dated May 30, 2019) and? RELATED FORECLOSURE ' DOCUMENTS 2. REVOCATION OF VOID ASSIGNMENTS 3. DECLARATORY RELIEF ON POOLING AND SERVICING AGREEMENT 4. [NJUNCTIVE RELIEF (Jury Demanded) Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 4 of 311 10 11 12 13 l4 15 l6 17 18 19 20 21 22 23 24 25 ' a D VERIFIED COMPLAFINT Plaintiff, RALPH B. NEAL hereby submits this Complaint and allege against Defendants, a'nd each of them, as follow: l. PARTIES 1. Plaintiff is Trustor of a Deed of Trust in regards to a refinance on the real property at 1588 Calco Creek Drive, San Jose, California, 95127 (“Subject property”) recorded sometimq May 25, 2007 in the County recorder of Santa Clara County, hereby attached to this Complaint as (Exhibit A) and incorporated herein as reference. The corresponding APN is 612-70-007. 2. Defendant FIRST AMERICAN TITLE INSURANCE CO. is a titler company purporting to be the foreclosing trustee and debt collector with its main office at 3. Defendant U.S. BANK NA, SUCCESSOR IN INTEREST TO LA SALLE BANK, NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF THE WAMU MORTGAGE PASS THROUGH CERT SERIES 2007-0A6 is a national bank doing business in the state of California . 4. Defendant JP. MORGAN CHASE BANK, NA is at all relevant times a financial institution engaged in business in the state of California with business address, among others, at 7301 Baymeadows Way, Jacksonville, FL. 5. Defendant SELECT PORTFOLIO SERVICING INC is a servicing and financial l company with main office in Salt Lake, Utah. SELECT PORTFOLIO has conducted business and within thejurisdiction in the State 0f California . Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 5 of 311 lO ll 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 n 6. The true names and capacities of Defendant DOES 1-20, inclusive, are unknown to Plaintiff, and are therefore sued by such fictitious names. Plaintiff is informed and believés, a'nd on that basis alleges that each of the fictitiously named DOES is responsible,jointly and I severally with the other named Defendants, for the events and happenings hereinafter referred to, and thereby proximately caused, together with the other named Defendants, the injuries and damages to the Plaintiff as hereinafter alleged. Plaintiff will seek leave of the Court to amend this Complaint to allege the true names and capacities of said fictitiously named Defendant when ascertained. 7. Plaintiff is informed and believes, and on that basis alleges, that at all times mentioned herein, the unknown Defendants are individuals and/or business entities whose forms axe unknown and were agents, principals, employees, employers, and co-conspirators ofeach and every other named or unnamed Defendant in this Complaint. Plaintiff is informed and believes, and on that basis, allege that each of such Defendants are, and at all times relevant herein were, acting within the scope of their authority as such agents, employees, or alter-egos with permission and consent of the remaining named and unnamed Defendants. 8. Whenever in this Complaint an act or omission of a corporation or business entity is alleged, the said allegation shall be deemed to mean and include an allegation that the corporation or business entity acted or omitted to act through its authorized officers, directors, agents, servants, and/or employees, acting within the course and scope of their duties, that the act or omission was authorized by corporate managerial officers or directors, and that the act or omission was ratified by the officers and directors of the corporation or business entity. II. JURISDICTION AND VENUE 9. The SUBJECT PROPERTY is located in the city of San Jose, within Santa Clara County, State of California. Defendants are either authorized or actually doing business in the state of Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 6 of 311 f) 10 11 12 13 l4 15 16 17 18 l9 20 21 22 23 24 25 a California. Accordingly, this Court has jurisdiction and venue over this matter, also consigering ) the value of the property, and being located in Santa Clara County, California. 10. Plaintiff is a resident 0f San Jose, Santa Clara County, State of California. Defendants are either authorized or actually doing business in Santa Clara County, State of California. Accordingly, this Court hasjurisdiction over the person ofthe herein pany Plaintiffand Defendants. . 11. The transactions and events which are the subject matter ofthis Complaint occurred within the boundaries 0f Santa Clara County, State of Califomia. Accordingly, this Court has jurisdiction over the subject matter of this case. FACTS COMMON TO ALL CAUSES OF ACTION: 12. Plaintiff re-alleges and incorporates by reference all prior paragraphs, inclusive, as though fully set forth herein. l3. On or abou.t May 29, 2007, Plaintiff executed a Deed of Trust (Exhibit A) as Trustor/Borrower, which was recorded on or about said date in the Santa Clara County Recorder as Document 19444945. The lender was .WASHINGTON MUTUAL FA , (WAMU) and the Trustee was CALIFORNIA RECONVEYANCE COMPANY . l4. WASHINGTON MUTUAL BANK filed for bankruptcy on September 25, 2008 after being closed by the Office of Thrift Supervision. Federal Deposit Insurance Corporation(FDIC) acted as Receiver due to the bankruptcy proceedings of the defunct WASHINGTON MUTUAL BANK . 15. When FDIC acted as Receiver after WAMUs bankruptcy, FDIC had to make a determination to repudiate or disaffirm any contract of a failed institution for which it acts' as Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 7 of 311 V) 10 ll 12 l3 14 15 l6 l7 18 19 20 21 22 23 24 25 I Receiver within a reasonable time following its appointment as receiver and given the pasSage of tWo years, the FDIC was not able to make such determination. 16. Upon information and belief, the Defendants have been so deceptive with the guise of general buying and selling pools ofloans t0 the securities market with no specific loan reference on the Governing documents so that no specific loan such as thta acquired by Plaintiff r on the subject property cannot be identified as being now being imexistent 17. On April 2010, the U.S. Senate Subcommittee on Investigations held hearings about WAMU’s origination and securitization of mongage loans. Based on the findings as well 'as the reports of other governmental agencies, many of the mortgage loans in the purported trusts do not comply with Representations and Warranties and that WAMU breached the Representations and Warranties, which breaches had created doubts as to the existence of mortgage loans in the Governing Dobuments, the specific mortgage originations as to specific borrowers, the i individual and total values, or the interests of the purported corresponding trust. 18. Many financial lenders admitted document irregularities and suspended their foreclosure activities whereas on April 13, 201 l, the Office of the Comptroller of the Currency (OCC)‘ issued a Consent Order after its finding, among others, that employees or employees of third party servicers made various assertions not based on personal knowledge, that banks filed or cause to be filed in state and federal courts, or in local land records numerous affidavits or other mortgage related documents that were not properly notarized, including those not signed or affirmed in the presence of a notary, that banks litigated proceedings without ensuring that promissory note or mortgage documents were properly endorsed or assigned, etc. 19. Sometime February 2012, a multi state federal settlement between the state attorney generals and the five leading servicers resulted in approximately $25 billion dollars in monetary sanctions and relief for the benefit of thousands of distressed homeowners. This settlement represents the largest settlement in history that will enable homeowners stay in their homes through enhanced loan modification. The negotiations that led to this settlement was mainly due to the robo-signing by these banks and their mortgage servicing irregularities. Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 8 of 311 v) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 l ! 20. Similarly in the case at bar, there are several material inconsistencies and inaccuracies not only on the total subject loan amount clearly, not derived nor referenced as a continuity from the origination of the subject loan from WAMU. 21. As Seller, Depositor and/or Servicer, WAMU should have had the possession of documents and other information concerning Plaintiff‘s mortgage loan in any of the Governing Docutnents and or on in arty corresponding Trust. Such loan documentation on Plaintiff’s loan includes origination and underwriting files, servicing records, borrower statement, payment histories and borrower correspondences. 22. The subsequent allegation of J.P MORGAN CHASE that it wasjust a Successor in Interest is insufficient to the extent ofthe continuity of Plaintiff‘s mortgage loan originally with WVAMU . Although J.P. MORGAN have alleged that there was a Pooling and Assumption Agreement (P&A) with FDIC, it is clearly established that nowhere could be found by schedule or reference the Deed of trust as WA and they only acquired particular assets in the PAA, as mentioned in the foregoing. 23. On November 4, 2010, Defendant JPMorgan Chase without any legal basis as being not an asset purchased within the PAA, yet still created an Assignment of Deed ofTrust which was recorded in the Santa Clara County Recorder. (Exhibit B)which recites as follow: FOR VAL UE RECEIVED, the undersigned (JP MORGAN CHASE BANK) hereby grants, Assigns and transfers to BANK 0FAMERICA NA TIONAL ASSOCIA TION, successor by merger Io LA SALLE BANK NA, AS TRUSTEE FOR WAMU MORTGA GE PASS THROUGH CERTIFICTES SERIES 2007-0A6 TRUST. J. P. Morgan Chase, National Association, successor in interest to WASHINGTON MUTUAL ‘ (Signed) Colleen Irby, Officer Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 9 of 311 . 7): 10 11 12 l3 14 15 l6 l7 18 19 20 21 22 23 24 25 24 The robosignor, COLLEEN IRBY fraudulently signed as Officer of J.P. MORGAN I CHASE in the'Assignment of Deed of Trust (Exhibit B) on November 3, 2010 , whereby, COLLEEN IRBY was a former Officer of WASHINGTON MUTUAL which already filed bankruptcy then on September 25, 2008, giving COLEEN IRBY no more authority theredf. The specific false statement as a result is that COLEEN IRBY acts an alleged Officer of JP ‘ MORGAN CHASE and by signing the Assignment of Deed of Trust falsely specifically siates (as she has no authority) that: ; “FOR VALUE RECEIVED, (he undersigned hereby grants, assign and transfers Io BANK OFAMERICA NA, successor by merger to LA SALLE BANK NA as trusteefor WAMU Mortgage Pass Through Certificates Series 2007-0A6 " Date November 03, 201 0 I 25. Thereafter, alleged transfers, assignments of the subject loan were subsequently pretentiously and unlawfully made and that due t0 the pretentious chain of assignments, it is now unknownoand doubtful who is the current Iender/beneficiary/assignee with legal authority and standing regarding the mortgage on subject property. 26. From nowhere and without transfer documentation links, Defendants SELECT PORTFOLIO SERVICING INC and US. BANK NA, AS SUCCESSOR TRUSTE Claim servicership and/or ownership 0f the subject loan and corresponding deed 0f trust 27. lt isjudicial notice that SELECT PORTFOLIO INC, fonnerly Fairbanks Capital Corp agreed to pay $40 million to settle with the U.S. Department of Housing for unfair, deceptive and illegal practices . Upon information and belief, SELECT PORTFOLIO continues to practice these deceptive practices. 28. It is also judicial notice that US BANK settled with a $200 Million to the government Eamid allegations of misrepresentation on residential home loans as suitable for insurance when ih fact the borrowers did not meet standard underwriting requirements or were not checked creditworthiness. Like so many other mortgage frasud cases underf the False Claims Act, the g l Z ‘ t Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 10 of 311 '3 10 11 12 13 l4 ‘15 l6 l7 l8 l9 20 21 22 23 24 25 i alegations against US BANK involve misrepresntations to federal agencies like the Departrgnent of Housing and Urban Development and the Federal Housing Authority. FIRST CAUSE OF ACTION CANCELLATION OF NOTICE 0F DEFAULT DATED May 30, 2019 (Against Defendants First American Title Insurance , US Bank, As Successor; Trustee, and Select Portfolio Servicing Inc.) 29. Plaintiff re-alleges and incorporates by reference all prior paragraphs, inclusive, as though fully set forth herein. 30. On May 30, 23019 Defendants caused to file a Notice of Default in the Santa Clara County Recorder (Exhibit C ). 31. Plaintiff hereby allege that Defendants do not have the existence of Plaintiffs specific loan on the subject property at in any of the governing documents nor in the trust , therefore Plaintiff’s mortgage loan and deed of needs to be adjudged as cancelled and revoked. 32. The Notice of Default and any Trustee Sale is void as without legal foundation also clearly established from all the foregoing WHERE‘FORE Plaintiffpays for relief as set forth herein and set forth blow. THIRD CAUSE OF ACTION REVOCATION OF ASSIGNMENTS DEED OF TRUSTS (Against All Proper Defendants, Their Assigns and Succesors In Interest) ; - 33. Plaintiff re-alleges and incorporates by reference all prior paragraphs, inclusive, as though fully set forth herein. Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 11 of 311 ' 5) 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I 34. Clearly as overall indiicated are the existence 0f several material inconsistencies and ‘ inaccuracies on the total subject loan amounts, as not derived nor referenced as a continuity from the origihation 0fthe subject loan from WAMU. f 35. As Seller, Depositor and/or Servicer, WAMU should have had the possession of docfiments and other informafion concerning Plaintiff‘s mongage loan in any of the Governing Documents and or on in any corresponding Trust. Such loan documentation on Plaintiff‘s loan includes origination and underwriting files, servicing records, borrower statement, payment histories and borrower correspondences. 36. Moreover because WAMU has denied to parties and Trustee access to records maintained by WAMU, as Servicer, and has repeatedly refused to honor contractual access rights. The Trustee, and other interested parties are unable to specifically identify particular mortgage loans with respect to which there have been such breaches of particular Representations and Warranties that would impair any existence of the originated mortgage loans, to include that of Plaintiff‘s. 37. WAMU ‘s rights and obligations under the Governing Documents include both Representations and Warranties as well as continuing rights and obligations to all parties, purportedly to be assigned to JPMORGAN CHASE with specific schedules of individual and pooled loans within the alleged WAMU Mortgage Pass-Through Certificates Series 2007-OA6 Trust. 38. Upon information and belief, other equity interests, debt holders or creditors of WASHINGTON MUTUAL BANK are not included in the receivership so that it is unknown whether the subject loan is part of a subordinated claim that may be due to any assignees (if assets, notes or receivables. Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 12 of 311 x!) 10 ll 12 l3 l4 15 l6 l7 18 l9 20 21 22 23 24 25 39. In a California case, Javaheri v. JPMorgan Chase Bank, Case No CV10-08185 ODW, asn Order by the Judge in the United States District for the Central District of California has deInied JPMorgan Chase Bank’s Motion to Dismiss a borrowers claim for Violations of Ca Civil Code 2923.5, Wrongful Foreclosure, Quiet Title, Quasi Contract, Declaratory Relief and Injunctive Relief. The Court specifically found that “ in the face of these specific factual allegations (by the borrower as to the securitization of the loan) JPMORGAN’S assertion that the P&A Agreement suffices to establish their ownership 0fthe Note is n0 longer viable. Indeed, the P&A Agreement does not specifically identify Plaintiffs Note” 40. Regardless of whether or not J.P. MORGAN CHASE acquired particular assets of WASHINGTON MUTUAL from FDIC, the herein promissory note from the Plaintiff’s mortgage loan.could not be part of the of the acquisition ,as highly doubtful and speculative, Defendant J.P. MORGAN should still provide a valid chain of assignment and should record any such assignment to them (J.P. MORGAN CHASE) . 41. These breaches had a material and adverse effect on the existence of Plaintiff’s mortgage loan and deed of trust that was originated with WAMU. 42. Moreover inasmuch as WASHINGTON MUTUAL, the original lender of the subject loan, filed for bankruptcy on September 25, 2008 and was closed by the Office of Thrift Supervision, the Federal Deposit Insurance Corporation (FDIC) was appointed as Receiver which succeeds to all rights, titles, powers and privileges of WASHFNGTON MUTUAL pursuant to 12U.S.C. Sec 182l9(d)(2(A(i), l82l(d)(2)(B)(i), any assignment to any subsequent entity has to be recorded to determine the transferee/successor of record. 43. California Civil Code specifically states that “ Where a power to sell real property is given to a mortgagee, or other encumbrancer in an instrument intended to secure the payment I I l of money, the power is part 0fthe security and vests in any person who by assignment becomes entitled to payment of the money secured by the instrument. The power ofsale may be exercised by the assignee iftlze assignment is duly acknowledged and recorded. 10 . Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 13 of 311 ’3 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 44. Defendants the'refore,could not show clearly and convincingly any proper chain of f assignment impairing its Power of Sale, which fails also to render effective 0f provisions of CA Civil Code 2924 foreclosure laws 45. The assignments made from WAMU, TO CHASE, TO BANK OF ANERICA, TO LA$ ALLE BANK, AND TO US BANK DO NOT HAVE A are all pretended transactions devoid of any legal basis and foundation 46. All these compounded and accumulated breaches had material and adverse effects on‘the existence of Plaintiff’s mongage loan and deed of trust that was originated with WAMU. 47. From all the foregoing aforementioned, it is highly doubtful and unclear who now legally stand as the current beneficiary/lender/assignee and current owner of the subject loan as there was no proper legal documentation specifically indicating the subject loan as part of the the acquisition by J. P. MORGAN CHASE bankruptcy assets from WASHINGTON MUTUAL. 48. Iansmuch as JPMORGAN CHASE had no standing from the very beginning, any subsequent Assignments o'f promissory notes and deed of trust to any entity would also convey no standing to such entity whatsoever. 49. Plaintiff therefore alleges that the subject loan is totally untraceable as may be now non- existent and cannot be established as a matter of law and hereby subject to its cancellation and revocation together with any foreclosure activity in relation thereto. WHEREFORE, Plaintiff prays for relief as set forth herein and ser forth below SECOND CAUSE OF ACTION DECLARATORY RELIEF 0N PURCHASE AND SERVICING AGREEMENT (Against all Defendants and their Successors-in-Interest) 11 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 14 of 311 ‘J 10 11 12 13 14 15 l6 17 18 19 20 21 22 23 24 25 50. Plaintiff realleges and incorporates by reference the allegations as contained in the prior paragraphs. 51. Pursuant to CCP 1060, Plaintiff seeks delaratory relief to major provisons of the Purchase and Assumptio Agreement dated September 25, 2008, (Exhibit D) which is determining ajnd governing document as regards the.proper transfer, assignment, purchase and or assumptihn of the loan by JP MORGAN CHASE and or successors. 52. The Purchase and Assumption Agreement (PAA) through the FDIC receivership, purports transferred financial and business operations to JPMORGAN CHASE which then allegegedly provides that JP.MORGAN CHASE was to specifically assume all mortgage servicing rights and obligations of WAMU to the extent provided in the PAA. 53. The PAA’s pertinent proviusions that need judicial declaration are: Article III- Purchase of Assets 3.]. Assets Purchased by Assuming Bank The Assuming Bank hereby purchases from the Receiver and the Receiver hereby sells, assigns, transfers, conveys and delivers to the Assuming Bank, all right , title, and interest ofthe Receiver in and to all assets 3.2. Asset Purchase Price All Assets and assets of the Faiked Bank subject to an option to purchase by the Assuming Bank shall be purchased for the amount, or the amount resulting ffom the method specified for determining the amount on Schedule 3.2. .. 54. The Purchase and Assumption Agreement (PAA)’s Exhibit 3.2 c stated that the Valuation of Certain Qualified Financial Contracts shall be as follows: (also needs judicial declaration)‘ 12 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 15 of 311 .1. 10 11 12 l3 l4 15 16 17 18 19 20 21 22 23 24 25 A. Scope- lnterest Rate Contracts- All Interest swaps, forward rate agreements, interest rate futures! caps, collars and floors, whether purchased or written; Option Contracts-All put and cal] option contracts, whether purchased or written, on marketable securities, financial futures, foreign currencies, foreign exchange or foreign futures contracts I B. Exclusions All financial contracts used t0 hedge assets and liabilities that are acquired by the Assuming Bank but are nnt subject to adjustment from Book Value. C. Adjustment’ The difference between the Book Value and market value as of Bank Closing D. Methodology 1. The price at which the Assuming Bank sells or disposes of Qualified Financial Contracts will be deemed to be the fair market value of such contracts, if such sale or disposition occurs at prevailing market rates within a predefined timetable as agreed upon by the Assuming Bank and the Receiver. 55. Many financial lenders admitted document irregularities and suspended their foreclosure activities whereas on April l3, 201 1, the Office of the Comptroller of the Currency (OCC) issued a Consent Order after its finding, among others, that employees or employees of third party servicers made various assertions not based on personal knowledge, that banks filed or cause to be filed in state and federal courts, or in local land records numerous affidavits or other mortgage related documents that were not properly notarized, including those not signed or affirmed in the presence of a notary, that banks litigated proceedings without ensuring that: promissory note or mortgage documents were properly endorsed or assigned, etc. ’ l l 56. Herein can be shown several material inconsistencies and inaccuracies on the total subject loan amount clearly, not derived nor referenced as a continuity from the origination of the subject loan from WAMU. 13 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 16 of 311 .n) 10 ll 12 l3 l4 15 16 17 18 l9 20 21 22 23 24 25 r § 57. Moreoverhthe Purchase and Assumption Agreement provided that certain assets were nbt purchased as follows; A. Any financial institution bonds, bankers blanket bond, surety bonds,, or related premium refund, unearned premium derived from cancellation, or any proceeds payable with respect thereto, This shall include commercial general liability, international liability umbrella and excess liability, property, mortgage impairment and mortgage errors and omissions, lender placed coverage, private mortgage insurance, insuxance policies; proceeds and collateral related to, held or issued with respect to or in connection with any Asset, acquired by the Assuning Bank under this Agreement, which such policies, proceeds and collateral are acquired Assets. B. Any interest, right, action claim, orjudgment against any officer, director, employee, accountant, attorney or any other person employed by the Failed Bank or any subsidiary of the Failed Bank; any underwriter of financial of financial institution bonds, or any insurance policy ofthe Failed Bank, their failure to pay on a loan or any loss resultian from the acts thereof, regardless of when any such claim is discovered or is made with respect to a financial institution, 58. 1n further support of declaratory relief, it is noteworthy to acknowledge that the home mortgage loans were converted into residential mortgage backed securities RMBS, allowing the creation of the Real Estate Mortgage Investment Conduit (REMIC) which allows the issuance of multiple classes 0f securities in trust certificate form also known as pass through certificates. 59 . Although the exact structures of RMBS transactions are varied and can be fairly complex, the structure 0f the Primary Trusts as well as most RMBS transactions involved the following parties: - t l (a) Depositor and Seller: The depositor is the entity that acquires the pool of mortgage loans and deposits the loan in a trust formed by the depositor pursuant 14 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 17 of 311 ‘I 10 11 12 l3 l4 15 l6 l7 18 l9 20 21 22 23 24 25 ‘15 I t0 the Governing Documents for the transaction.The depositor assigns the le!gal beneficial interest in the mortgage loans, including related collateral, to the tirust. In many RMBS transactions, the depositor purchases the mortgage loans fro:m another entity referred to as the Seller, and deposits the pool of loans into the trust. With respect to the Primary Trusts, WAMU served as the Depositor ahd/or Seller. Through a series 0f assignments and other agreements, WAMU indirectly undertook responsibilities substantially similar to those of a Depositor and Seller. (b) The Trust: The trust purchases the mortgage loans from the depositor and issues .RMBS which represent specific interests in and entitlements to the cash flovys derived from the trust’s assets (i.e., the mortgage loans). The governing documents forming the trust typically appoint an independent trustee and sphcify the trustee’s rights, responsibilities and powers in respect 0f the RMBS transaction. (c ). The Governing Documents for the Trusts: The duties and responsibilities of the various parties to RMBS transaction are set forth in the governing securitization documents. These documents generally include a mortgage loan purchase agreement (“MLPA”) and a Pooling and Servicing Agreement (“PSA”) with other parties. The MLPA and the PSA provide for the sale 0fthe mortgage loans and contain representations warranties and covenants made by the Seller _and/or Depositor concerning the nature , characteristics, history and quality of the mortgage loans and mortgage loan files sold to and deposited in the trusts. 60. Upon information and belief, investors and in their rush process to make unconscionable profits, assignments are never prepared, filed or recorded properly, or at times never prepared, filed or recorded at all. On those that were filed and recorded, the actual, the actual dates of assignments are not clearly set forth, at times signed and notarized ante-dated by robo-si'grflors. | 61. The Governing documents also provide for the establishment and administration of the‘trust, including setting forth the responsibilities and duties of the depositor, trustee, seller and servicer l Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 18 of 311 q) 10 11 12 13 14 15 l6 l7 18 19 20 21 22 23 24 25 with respect to the trust. 1 1 62. Moreover, these Governing Documents also represent an integrated set ofcontractual ‘ undertakings o'n behalf 0f WAMU with respect to the formation of the Trusts and qualified financial contracts with the homeowners who undertook the mortgage loans with WAMU. - i | 63. California Code of Civil Procedure Sec 1060 provides that Any person interested under? a written instrument, who desires a declaration of his or her rights, or under a contract, (in who desires a declaration of his or her rights or duties with respect to another, or in respect to, in over or upon a property, may in cases of actual controversy relating to the legal rights and duties of the respective parties, bring an original action. WHEREFORE, Plaintiff prays for relief as set forth herein and set forth below. FOURTH CAUSE OF ACTION INJUNCTIVE RELIEF (Against FIRST AMEICAN TITLE INSURANCE CO, SELECT PORTFOLIO SERVICING INC, US BANK, NA, AS SUCCSSOR TRUSTEE) 64. Plaintiff realleges and incorporates by reference the allegations as contained in the prior paragraphs. 65. The foreclosure activities of the Defendants is tantamount to harassment and from the facts stated above, great and irreparable injury will result to Plaintiff if the foreclosure activities and documents are not cancelled or revoked. 66. As there are sufficient grounds exist therefor, a preliminary and or permanent injunction A are in order . _ WHEREFORE, Plaintiff prays for relief as set forth herein and set forth below. 16 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 19 of 311 ‘) PRAYER s WHEREFORE, Plaintiff prays to this Court forjudgment in his favor against each Defendant, jointly and severally, as follows: l. For cancellation ofthe Notice of Default dated May 20, 2019 For revocation of the mortgage and deed of trust on the subject property For Declaratory Reliefon the Pooling and Servicing Agreement For actual damages according to proof; For consequential damages as permitted by law; 2 3 4 5. .For compensatory damages as permitted by law; 6 7 ‘For any statutory damages according to law; 8 For such other relief as is just and proper under the circumstances. 12 l3 14 15 16 l7 18 l9 20 21 22 23 24 25 Dated- June 12 2019 rfi RAL H B.WNEKL Plaintiffin Prop a/ Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 20 of 311 10 ll 12 13 l4 15 l6 l7 18 l9 20 21 22 23 24 25 VERIFICATION STATE OF CALIFORNIA, SANTA CLARA COUNTY I , RALPH B. NEAL, am the Plaintiff in the above-entitled case, under oath declares as follows: I. I have read the foregoing, Verified Complaint; o ) 2. I understand and know the contents of the said Verified Complaint, and I certify ' the same is true of my own knowledge, except as to those matter stated upoh my information and belief, and as to those matters, I believe them to be true. I declare under penalty of perjury under the laws of State of California that the foregoing is true and correct. 18 Executed on June I2, 20] 9 at San Jose, ,Séta Clara County, aCIiform j RALPH BWNJALPlaintiffinP++per Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 21 of 311 . 4 ) ! l l p l ( I I Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 22 of 311 f . = f i i ' !; ' i Ii. l“. n J, Recording Requsmd By: WASH l NGTON WTUAL BANK FA Return To: WASHINGTON WTUAL BANK FA 2210 ENTERPRISE DR FLORENCE, SC 29501 DOC OPS M/S FSCE 440 Prepared By: LESL I E' WENTLAND [Space Abovo Thin Linc For Recording Data] 3:31 DEED 0F TRUST 3013671072-202 DEFINITIONS Words used m multipie sections of this document are defined below and other words arc defined ' in Sections 3. 11 l3, 18 m and 2|. Certain r1116 regarding the usage of wom used in this document arc also provided 1n Section l6. (A) "Security Instrument“ means this document, which is dawd MAY 1-, ' 2°97 . together with all Riders to this documenL (B) "Borrower" is RALPH NEAL, AN UNMARR I En MAN Borrower's addwis 1535 eALco cREEK nmve, SAN Jose, CA 96127 ‘ .Borrower xs the ulster under this Security Instrument (C) "Lender'is wAsumsmN MUTUAL BANK, FA Lendffifia FEQEBAL SAVINGS BANK 4 Dreamed 8nd cnstmz \mdeHhclaws 0' THE UNITED STATES op AMERICA CALIFORNIA - Single Fanny - Fl lo Mao/Froddla Mao UNIFORM INSTRUMENT Form 3005 1/01 Q-SICA) man -~= mainummmmmmvw momma: nouns - (Iowm Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 23 of 311 ‘1 Lcndcr’s addwis 2273 N. GREEN VALLEV PARKWAY, suns 14, HENDERSON, Iw 89014 Lender xs the beneficiary under this Security Instrument. (D) 'Tfustee' is CALIFORNIA RECONVEVANCE COMPANY, A CALIFORNIA conp (E) ”Note“ means the promisory note sigwd by Borrower and dated MAV 17, 2007 TthotestatSthatBormwcr 0W6 Ixndef ONE MILUON AND 00/100 Dollars (U.S ‘$ 1 goo goo go ) plus interim Borrower has promimd to pay this debt in regular Periodic Payments and to pay the debt m full not later than JUNE o1 2°37 (F) “Property" means the property that Is dmnbed below under the heading ”Transfer of Rights in the Property. ' (G) 'Loan" mans xhe debt evidenced by the Note plus interest any prepayment charges and late charges due under the Note and all sums due under this Security Instrument, plus interest (H) ‘Riders' means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable): Adjwtable Rate Rider D Condominium Rider Second Home Rider Balloon Rider D Planned Unit Development Rider Other(s) [specify]D 1‘4 Family Rider D Biweekly Payment Rider (I) “Applicable Law" mans all controlling appiicable federal. state and local statutes. regulations. ordinances and administrative rulw and orders (that have the effect of law) as well as a!l applicable final, non'appealable judicial opiniona 1 (J-F“"Community Association Dues, Fees, and Assessments'fineans all dusj’afes. . ammems and other charges that are imposed on Borrower or the Property by a condominium association, homeowners modation or similar organization. (K) "Electronic Funds Transfer“ means any transfer of funds. other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument. computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes. but is not limited to. point'of‘mle transfers. automated teller machine transactions, transfem initiated by telephone, wire transfers, and automated clearinghowe transfers. (L) "Escrow Items" means those items that are dmbed'1n Section 3 (M) "Miscellaneous Proceeds“ means any compensation settlement. award of damags, or proceeds paid by any third party (other than insurance procwds paid under the coverages described in Section 5) for: (i) damage to, or dmmction of. the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation: or (iv) misrepresentations of. or omissions as to. the value andlor condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of. or default on, me Loan. (O) “Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 ofthis Security Instrument. (P) 'REPA" means the Reel Estate Settlement Procedures Act (l2 U.S.C. Section 2601 et seq.) and is implementing regulation. Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or summer leg'slation or regulation that governs the same subject matter. As used in this Security Instrument. 'RESPA' refers to l requirements and Inlhlls. @‘S‘W "m" p... z .1 u Pom 3005 1/01 R1 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 24 of 311 ‘I rstrictions that arc imposed in regard to a ‘fedcmlly related mortgage loan' even if the Loan dos not qualify as a "federally related mortgage Ioan' under REPA. (Q) “Successor in Interes! of Borrower” means any party that has taken title to the Property, whether or not that party has mumod Borrower's obligations under the Note andlor this Security Instrument. TRANSFER OF RIGHTS 1N THE PROPERTY This Security Instrument secum to Lender. (i) the repayment of the Loan. and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenanm and agreements under this Security Instrument and the Note. For this purposc. Borrower irrevocably grants and conveys to Trustee in trust with power of sale, the following described property locatedinthe couurv 0f SANTA CLARA [Type of Recording Jurisdiction} [Name o! Recording Jurisdiction] THE LEGAL DESCRIPTION IS ATTACHED HERETO AS A SEPARA‘I’E EXHIB'T AND IS MADE A PART HEREOF. Parcel ID Numbcr. which currently haé the addms of 1593 CALco CREEK DR IVE _ . - (Sum) SAN Jose [Cay]. California 95 127 {Zip Cod.) (“Property Adm“): TOGETHER WITH all the improvements now or hereafter erected on tho property. and all easements. appurtenancs, and fixtum now or hereafter a part o! the property. All replacemenm and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the ‘Property.’ BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and hs the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of word. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national me and non‘uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree es follows l. Payment of Principal. Interest. Escrow Items. Ptepayme' Charges, and Late Charges. Borrower shall pay when due the principal of. and interest on, e d t evidenced by the m-stcm mean h” a ., ,5 Faun 3005 1/01 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 25 of 311 'I ‘J --u- Note and any prepayment chargs and late chargw due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U S. currency. HoweVer, if any chock or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid Lender may require that any or all subsequent paymens due under the Note and this Security Instrument be made 1n one or more of the following forms, as selected by Lender. (a) cash; (b) money order; (c) certified check. bank check, tmsurcr's check or cashier's check, pmvided any such check is drawn upon an institution whose deposits are insured by a federal agency. instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the 10cation daignated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to is rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. [f each Periodic Payment is applied as of its scheduled due date. then Lender nwd not pay interns: on unapplied funds. under may hold such unapplied funds until Borrower makes paymcm to bring the Loan current. If Borrower dos not do so within a resemble period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the oustanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making paymens due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security InstrumenL ‘2 Application of Payments or Proceeds. Except as otherwise described in .this Section 2. all payments accepted and applied by Lender shall be applied in the following o'r’d‘er of priority: , (a) imam due under the Note; (b) principal due under the Note; (c) amounts due under Section , 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges. second to any other amouns due under this Security Instrument. and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includs a sufficient amount to pay any late charge due. the payment may be applied to the delinquent payment and the late charge. lf more than one Periodic Payment is outstanding. Lender may apply any payment received from Borrower to the repayment of the Periodic Paymenm if. and to the extent that, each payment can be paid in full. To the extent that any exoem exism after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late chargu due. Voluntary prepayments shall be applied first to any prepayment charges and then as described m the Note. Any applimtion of payments itsurance proceeds, or Mimllaneous Proewds to principal due under the Note shall not extend or postpone the due date, o1- change the amount. of the Periodic Paymens. 3 Funds for Escrow Items. Borrower shall pay to Lender on the day Pen'odic Payments are due under the Note until the Note xs paid 1n full a sum (the "Funds" ) to provide for payment of amounts due for: (a) mxw and mmems and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property. if any: (c) premiums {or any and all imrance required by Lender under Section 5; and (d) Mortgage Insurance premiums. 1f any, or any sums payable by Borrower to Lender 1n lieu of the payment of Mortgage Insurance premiums in accordan with the provisions of Section )0. These items are called 'Escrow Items." At origination a any time during the IMIIIII: Q-NCN ”2°71 r... . .1 is Form 3005 1/01 /' I“) Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 26 of 311 ‘J '1 mm of the Loan. Lender may require that Community Asociation Duns, Fm, and Amments, if any. be wcrowod by Borrower and such dus, fox and mmcms shall be an Escrow Item. Borrower shall pmmptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay bender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. under may waive Borrowcr's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, what and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and. if Lender roquim. shall furnish to Lander receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such paymens and to provide rgceipts shall for all purposw be deemed to be a covenant and agreement contained in this Security Instrument. as the phrase "covenant and agreement" is Lsed in Seption 9. If Borrower is obligated to pay Escrow Items directly. pursuant to a waiver. and Borrower fails to pay the am'ount due for an Escrow Item, Lendcr may cxcrcisc its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and. upon such revomtion, Borrower shall pay to Lender all Funds. and in such amounts. that are then required under this Section 3. Lender may. at any time. collect and hold Funds in an amount (a) squiCicnt to permit Lender to apply the Funds at the time specified under REPA, and (b) not'to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current dam and reasonable wtimam of expenditum of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumenmlity, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home‘TLoan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under REPA. Lender shall not charge Borrower for holding and applying the Funds. annually analyzing the escrow acwunt. or verifying the Escrow Items, unlefi Lender pays Borrower intemt on the Funds and Applicable Law permits Lender to make such a charge Unlm an agreement is made In writing or Applicable Law reqUIm interest to be paid on the Funds Lender shall not be required to pay Borrower any interest or earning on the Funds. Borrower and Lender can ayee in writing, however that interest shail be paid on the Funds. Lender shall give to Borrower, without charge. an annual amounting of the Funds as required by RSPA. If there is a surplus of Funds held in mmw, as defined under R$PA, Lender shall aeeount to Bormwer for the excess funds in accordance with RBPA. If there is a shortage of Funds held ineecrow, as defined under RESPA. Lender shall nofify Borrower as required by RESPA. and Borrower shall pay to Lender the amount necmry to make up the shortage in accordance with RESPA. but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow as defined under MFA. Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency'In accordance with RESPA, but tn no more than l2 monthly paymenm Upon payment in full of all sums secured by this Security Instrument Lender shall promptly refund to Bon'ower any Funds held by Ixnder 4. Charges; Liens. Borrower shall pay ell tans, mments, charges fines. and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or gmund rents on the Property. if any. and Community Asoci tion Dues, Fees, and Aswments, if any. To the extent that time items are Escrow Items. er shall pay them in the manner provided in Section 3. lnltllll: m-slcu (02°71 r... a .I u Form 3005 1/01 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 27 of 311 9| 6D J3 Borrower shall promptly discharge any lien which has priority over this Security Instrument unlwi Borrower. (a) am in writing 1.0 the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests tho lien in good faith by. or defends against enforcement of the lien in. legal pmceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings am pending, but only until such promdings are concluded; or (c) securm from the bolder of the lien an agnpcment wtisfactory to Lender subordinating the lien to this Security Instrument. If Lender determine that any part of the Property is subject to a lien which can attain priority over this Security Instrument. Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one‘time charge for a real estate tax verification andlor reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against 1w by fire, hazards included within the term "extended coverage.‘ and any other hawds including. but not limited to. earthquakes and floods. for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requim. What Lender tequila pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one‘time charge for flood zone determination, certification and tracking services; or (b) a one'time charge for flood zone determination and certifimtion services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also ge‘ responsible for the payment of any fees impomd by the Federal Emergency Management Ag'éficy in connection with the review of any flood zone determination rwulting from an objection by Borrower. If Borrower fails to maintain any of the coverages dwcribed above, lender may obtain insurance coverage. at Lender's option and Borrowet's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender. but might or might not protect Borrower, Borrower's equity in the Property. or the contents of the Property, against any risk, hazard or liability and might provide geezer or lmr coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounm disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. Those amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest. upon notice from Lender to Borrower requsting payment. Al] insurance policies required by Lender and renewals of such policies shall be subkct to Lender’s right to diapprove such policies, shall include a standard mortgage clame. and shall name Lender as mortgagee andlor as an additional 10$ payee and Borrower further agm to genaally asign rights to insurance proceeds to the holder of the Note up to the amount of the oumanding loan balance. Lender shall have the right to hold the policies and renewal certificates. If Lender requim, Borrower shall promptly give to lander all receips of paid premiums and renewal notim If Bomwer obtains any form of insurance coverage. not otherwise required by Lender. for damage to. or destruction of, the Property, such policy shall include a standard mortpge clause and shall name Lender as mortgagee andlor as an additional 10s payee and Borrower further agm to generally a$ig1 rights to insurance proweds the holder of the Note up t0 the amount of the outstanding loan balance. ‘ \ lnlllll: Q‘s“) W” p... a .. u Pom 3005 1/01 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 28 of 311 'l In the event of 10$, Borrower shall give prompt notice to the insurance carrier and Lender. bender may make proof of 10$ if not made promptly by Borrower. Unlm Lender and Borrower otherwise agree in writing. any insurance proceeds. whether or not the underlying insurance was required by Lender. shall be applied to mtoration or repair of the Property. if the rmtoration or repair is economically fusible and Lender's security is n01 lmaed. During such repair and rstoration period. Lender shall have the right to bold such insurance proceeds until Lender has had an opportunity to inspoct such Pmperzy to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. bender may disburse proceeds for the repails and restoration in a singIe payment or in a scrim of progrm payments as - the work is completed. Unla an agreement is made in writing or Applicable Law requim intermt to be paid on such insurance proceeds. Lender shall not be required to pay Borrower any interest or earning on such proceeds. Few for public adjmters, or other third panis, retained by Borrower shall not be paid out of thelinsurance proceeds and shall be the sole obligation of Borrower. [f the restoration or repair is not economically feasible or Lender’s security would be lamened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due. with the execs. if any. paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property. Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim. then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is g'ven. In either event, or if Lender acquires the Property under Section 22 or otherwise. Borrower hereby aw'gns to Lender (a) Borrower's righs to any insurance procwds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument. and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property. ixwofnr $ such righm are applicable to the coverage of the Property. Lender may use the, insurance proceeds either fo repair or mtore the Property or to pay amouns unpaid under the Note or this Security Instrument. whether or not then due. 6. Occupancy. Bonuwer shall occupy. establish; and use the Property as Borrower’s principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy. Unix Lender otherwise agrees in writing. which comm shall not be unreasonably withheld, or ' unless extenuating cimumstanow exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property. allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property. Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unlm it is determined pursuant to Section 5 that repair or restoration is not economically feasibie, Borrower shall promptly repair the Property if damaged to avoid further deterioration o: damage. If insurance or condemnation proweds are paid in connection with damage to, or the mking of, the Property. Borrower shall be rspons'ble for repairing or Istaring the Propeny only if Lender has released promds for such purposm. Lender maydisburse procwds for the repairs and restoration in a single payment or in a series of progres payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower‘s obligtion for the completion o! such repair or restoration Lender or im agent may make reasonable entries upon and inspections of the Property. If it has teasonahle cause. Lender may inspect the interior of the improvements on the Property. Lender shall g‘ve Barrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. ' tnitiele:@‘WN “m” .... 1 .. us ' éom sons 1/01 I1 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 29 of 311 w o) 2:4; 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application prom. Borrower or any persons or entitiw acting at the direction of Borrower or with Borrower's knowled or consent gave materially false, misleading. or inaccurate information or statements to Lender foer failed to provide Lender with material information) in connection with the Loan. Material repmtations include, but are not limited w, rcprscnutions concerning Borrower's occupancy of the Property as Borrower's principal rwidmcc. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails Lo perform the covenans and agreements contained in this Security Instrument. (b) there is a legal prowdin that might sigfifieantly affect Lender's interest in the Property andlor n'ghm under this Securit nstrument (such as a proceeding in bankruptcy. probate, for condemnation or forfeiture. for en omement of a lien which may attain priority over this Security Instrument or w enforce laws or regulations). or (c) Borrower has abandoned the Property. then Lender may do and pay for whatever is msonabie or appropriate to protect Lender’s interest in the Property and righm under this Security instrument. including protecting andlor ascsing the value of the Property. and securing andlor repairing the Pro y. Lender's actions can include. but are not limited to: (a) Paying any sums secured by a lien w ich has riority over this Security Instrument; (b) apparing m court; end (c) paying reasonable attomeys' Few to protect its interest in the Property andlor rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes. but is not limited to. entering the Property to make repairs, change locks. replace or board up doors and windows, drain water from pipes. eliminate building or other code violations or dangerous conditions. and have utilities turned on or off. Although Lender may take action under this Section 9. Lender does not have to do so and is not under any duty or obligation to do so. lt is agreed that Lender incurs no liability for not mking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. Thwe amounts shall bee]- imetxt at the Note rate from the date of disbursement and shail be payable, With such interest, upon notice from Lender to Borrower requw'ting wyment. ‘ if this Security Instrument is on a leasehold; Borrower shall comply with all the provisions oi the lease. lf Borrower acquires fee title to the Property, the leaseholdiand the fee title shall not merge unlew Lender am to the met in writing. IO. Mortgage Insurance. f Landm- requiredMortgage Insurance as a condition of making the Loan. Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortga Insurance. Borrower shall pay me Premiums required to obtain coverage substantially equiv cnt to the Mo ge Insurance Viowly in effect. at a cost substantially equiValent to the cost to Borrower o the Mortgage nsurance previously in effect, from an attemate mortgage insurer selected by Lender. If substantial! equivalent Mortgage Insurance coverage is not available. Borrower shall continue to pay to er the amount of the separately decimated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain thse payments as a non‘refund'able los meme i‘n lieu of Menage Insurance. Such los mrve shall be non'refundable, notwithstanding the fact that the Loan is ulti mately paid in full. and Lender shell not be required to pay Borrower any interst or aminfi on such loss reserve. Lender can no Ion r r uire 10$ reserve payments if Mortgage Insurance coverage (in the amount and for the peri that r requires) provided by an insurer selected by bender again becomes available. is obtained. and Lender requires separately ddgnated paymmts toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance es a condition of making the Loan and Borrower was required to make separately designated wyments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums reitinreddcrto mainmin Mortgage Insurance in effect. or to provide a non‘refundable los reserve, until 's requirement for Mort Insurance ends in accordance with any written agreement between Borrower and Lender provi ing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate prowded in the Note. Inltleln: Q-acu men . m, a ,. ., Form 3005 1/01 M Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 30 of 311 0| Mortgage Insurance rcimbursx Lender (or any entity that purchasw tho Note) for ocrtain 1055 it may incur if Borrower dos not repay the Loan as aged. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in forcc from time to time, 'and may enter into agreements with other peniw that share or modify their risk, or reduce 10m. Tha agreements are on terms and conditions that are stisfacwry to tho mortgage insurer and the other party (or paniw) to these agreements. Time ayecmcnts may require the mortgage insurcr to make payments usin any source of funds that the mortgage insurer may have available (which may Include funds o mined from Mortgage Insurance premiums). ‘ As a result of these agreements. Lender, any purchaser of the Note, another insurer. any reinsurer. any other entity, 'or my affiliate of my of the foregoing, may receive (directly or indirectly) amounts that derive from (or might bc charactu-ized as) a portion of Borrower’s payments for Mortgn e Insurance. in exchange for sharing or modifyin the mortgage insurcr's risk, or reducing 1m I such agreement provides that an affiliate of er mm a share of the insurer's risk in exchange for a share of the premiums paid to tho insurer, the arrangement is often termed "captive reinsurance.” Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of I998 or any other law. These tights may include the right to receive certain disclosures. to request and obtain cancellation ol the Mortgage Insurance. to have the Mortgage Insurance terminated automatically. andlor to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. ll. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proweds are hereby migned to and shall be paid to Lender. l! the Property is damaged, such Miscellaneous Proceeds shall be applied to resto‘rafion or repair of the Prbperty, if the restoration or repair is economically feasible and Lender's security is not lmed. During such 'r and mturatmn period, Lender shall have the right to hold such Miscellaneous Proweds until rider has had an opportunity to inspect such Property to ensure‘the work has been completed to' Lender's satislaction, provided that such ' 'on shall be undertaken promptly. Lender may pay for the repairs and restoration in a single dis urserneut or in a seriw'o! rages paymerm as the work is completed. Unl- an agreement is made in writing or Applimble an require interest to be paid on such Miwellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. [f the restoration or ir is not economically feasible or Lender's security would be lmed, the Miscellaneous P shall be applied to the sums secured by this Security Instrument. whether or not then due, with the exam. if gay, pal: to Borrower. Such Miscellaneous Procwds shall be applied in the order provided for in action In the event of a total taking, destruction, or 10s in value of the Property. the Miscellaneous Pmeds shall be applied to the sums secured by this Security Instrument, whether or not then due. with the um. if any, paid to Borrower. In the event of a partial taking, destruction. or 10$ in Value of the in which the fair marut value of the Property immediame before the partial mking. destructton, or 10$ in value is equal to or greater than the amount of the sums mred by this Security Instrument immediame before the partial taking, destruction. or 10s in value. unlw Borrower and lender otherwise agree in writing. the sums secured by this Security Instrument shall be reduced by the amount cl the Miscellaneous Proceeds multiplied by the following fraction: (e) the total amount oi the sums mured immediately before the partial mking. destruction. or 10s in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction. or 10$ in value. Any balanw shall be pad to Borrower. In the event of a partial taldng. destruction, or lose in value of the P perty in which th‘e fair market value of the Pro immediawa before the partial taking, des tion. or 10$ in value is lea than the amount o the sums secured immediately before the ’ 'ng, destruction. or Inltlelr @415“ ‘m" p... o .. is Fem 3005 1/01 1.1 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 31 of 311 .| 10$ in value. unlm Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds (sjhall be applied to the sums secured by this Schrity Instrument whether or not the sums are then ue. If the Property is abandoned by Borrower. or if. after notice by Lender to Borrower that the Opposing Party (as defined in the next semznoe) offers to make an award to settle a claim for damags. Borrower fails to mpond to Lender within 30 days afxcr the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to mtoration or repair of the Property or to the sums scoured by this Security Instrummt. whether or not then dua "Opposing Party‘ means the third party that oww Borrower Miscellaneous Pmceeds or the party agmnst whom Borrower has a right of action in regard to Miscellaneous Procwds. Borrower shall be in default if any action or proceeding. whether civil or criminal. is begun that, in Lender's judgment, could rwulz in forfeiture of the Progeny or other material impairment of Lcndcr's inmt in the Property or rights under this Security nstrument. Borrower can cure such a default and. if acceleration has occurred, reinstate as provided in Section l9, by caLsing the action or procwding Lo be dismised with a ruling that. in Lender's iudgrncnt, procluda forfexturc of the Property or other material impairment of Lender's interest m the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender’s intermt in the Property are hereby assigned and shall be id to under. AH Miscellaneous Proowds that are not applied to restoration or repair of t e Property shall be applied in the order provided for in Section 2. l2. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of lhetime for payment or modification of amortization of the sums secured by this Secufity Instrument granted by Lender to Borrower or any Sucmor in Interest of Borrower shall not operate to release the liability of Borrower or any SW in Interest of Borrower. Lender shall not be required to commence proceeding against any Succwsor in lnterat of Borrower or to refine to cnend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made 'by the original Borrower or any Summers in lnterst of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender’s aweptance of ymenm from third persons. entities or §mrs 1n Interest of Borrower 0g in amounEdlm tgn the amount then due. shall not be a wa‘iver of or preclude the exercise of any nght or rem y. I3. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and ages that Borrower's obligations and liability shall be joint and several. However, an Borrower who cosine this Security Instrument but dos not execute the Note (a 'eo‘signer'): (a is w'signing this Security lmment only to mortgage. grant and convey the 00'si er’s interest in the Property under the terms of this Security Instrument: (b) is not personally ob igatcd to pay the sums secured by this Security Instrument; and (c) agrees that bender and any other Borrower can agree to extend, modi . forbeer or make any accommodations with regard to the terms of this Secunty Instrument or the ote without the oo'mgner’s consent. Subject to the provisions of Section 18. any Summer in Interest of. Borrower who asumes Borrower’s obligations under this Security Instrument in writin , and is approved by Lender, shall obtain all of Borrower's righs and benefim under this Security nstrument. Borrower shall not be released from Borrower’s obligations and liability under this Security Instrument unlwa Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bmd (except as provided in Section E) and benefit theW and assigns of Lender. l4. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default. for the purpose o protecting Lender’s interwt in the Property and rights under this Security Instrument. mciuding. but not limited to, attomeys' few. property inspection and valuation few. In regard to_ any other few. the absence of expres authority in this Security Instrument to charge a specific fee to Borrower shell not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expresly prohibited by this Security Instrument or by Applicable Law. if the Loan is suhbct to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be coiiected in connection with the Loan exceed the permitted limits, then: (s) any such loan charge shall reduced by the amount nmry to reduce the charge to the permitted Iimit; and (b) any sum ready collected from Borrower which exceeded permitted limits will be refunded to Borrow . der may choom to lnmulm Q-slcm (0201) p... io u ts Form 3005 1/01 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 32 of 311 make this refund by reducing the principal owed under the Note or by makin a direct payment to Borrower. If a refund reducw principal. the reduction will be treated as a partia prepaymcm without any prnpaymcm charge (whether or not a prepayment charge is provxded for under the Nata). Borrower’s acceptance of any such refund madc by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. IS. Notices. All notiow given by Borrower or LGdcr in connection with this Security Instrument must be in writing Any notice to Borrower in connection with this Security Ins1rumcnt shall be deemed to have been given to Borrower when mailed by fits! elm mail or when actually delivered to Borrower‘s notice address if sent by other means. Notice to any one Borrower shall constitute notice t'o all Borrowers unlw Apslieable Law expmly requires otherwise. The notice addrm shall be the Property Addras unlss orrower has designated a substitute notice addrm by notice to Lender. Borrower shall promptly notify bender of Borrower's change of addrm. I! Lender sgcifiw a procedure for reporting Borrower's chan of addrm. then Borrower shall only report a c ngc of addres through that specified pmdure. ere may be only one designated notice addms under this Security Instrument at any one time. Any notice to Lender shall be given _by delivering it or by mailing it by first class mail to Lender's addrm stated herein unlm Lender has dwignawd another addrea by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by under. If any notice muired by this Security Instrument is also required under A licable Law. the Applicable Law requirement will satisfy the corresponding requirement under this ecun'ty lnsuumcnt. 16. Governing Law; Soverability; Rulm of Construction. This Security instrument shall bafcwemed by federal law and the law oi the jurisdiction in which the Property is located. All rights an obligations contained in this Secun'ty Instrument are subject to any requirements and limitations of Applicable Law.- Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a hibition against a‘greement by contract. In the event that any provision or clause of this Security nstrument or the t\ote conflicts with Applicable Law. such conflict shall not affect other provisions of this Security Instrument or the Note which eon be given effect without the conflicting ovision. As used in this Security Instrument- (a) words of the masculine gender shal mm and include_ y oorrspondinggeuter words or words of the feminine gender; (b) wbtds in the singular shall meet}; and include plural and vice vets: and (c) the word 'may“ gives sole discretion without any obligation to take any acu'on. l7. Borrower‘s Copy. Borrowor shall be given one copy of the Note and of this Security Instrument. l8. Transfer of the Property 0r a Beneficial Interest in Borrower. As used in this Section 18. "interest in the Property" means any legal or beneficial interest in the Pmy, including. but not limited to, those beneficial interests transferred in a bond for deed. contract for deed. installment ales contract or wcrow agreement. the intent of which is the transfer of title by Borrower at a future date to a urchaser. If all Or any part of the roperty or any Interest in the Property is sold or transferred (or if Borrower is not a natural person hnd a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent. Lender may require immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall five Borrower notice of acceleration. The notice shall provide a period of not lea than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. 1f Borrower fails to pay thwe sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. l9. Borrower's Ri ht to Reinstete After Acceleration. If Borrower ,meem certain conditions. Bormwer l have the right to have enforcement ol this Security Instrument discontinued at any time prior to the earliwt of: (a) five da s before sale of the Property pursuant to any power of 91c contained in this Security Instrument; b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument Those conditions are that Borrower: (a) ya bender all sums which then would be due under this Security Instrument and the Note as irno acceleration had s all expenses incurredoccurred: (b) cum any default of any other covenans or agreements; ( Q-acn mun ,m H ,, .5 Form 3005 1/01 I/i Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 33 of 311 u) n in enforcing this Security Instrument, including, but not limited to, reasonable attomcys' few, ropcrty inspection and valuation few. and other few incurred for the purpose of protecting der's interwt in the Property and rights under this Security Instrumentand (d) takw such action as Lender may reasonably rcquim to mum that Lender's imam in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrumcnt, shall continue unchanged. Lender may uire that Borrower pa such reinstatement sums and expenss in one or more of the following orms, as selected by lender. (a) cash; (b) money order; (c) unified check, bank check. treasurer's chock or cashier's check. provided any such check is drawn upon an instimtibn whose deposits ar‘e insured by a federal agency. mstrumentality or entity. or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall rcmain fully effective as if no acceleration had occurred. However. this right to reinstate shall not apply in the as: of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial imam in the Note (togethct with this Security Instrument) can be sold one or more timw without riot notice to Borrower. A sale might result in a chan e in the entity (known as the “Loan iccr") that collects Periodic Payments due under the otc and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Secun'ty Instrument, and Applicable Law. There also might be one or more Chan w of the Loan Servicer unrelated to a file of the Note. If there is a change of the Loan Servicer, fonower will be given written notice of the change which will state the name and addm of the new Loan SerVIcer. the addrea to which payments should be made and any other information REPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereefter the Loan is serviced by a Loan Servieer other than the haser of the Note, the mortgage loan servicing obligations to Borrower will remain with the an Servicer or be tramferred to a summ- I..oan Servicer and are not asumed by the Note purchaser unle- otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence. join. or be joined to any judicial action (as either an individual litigant or the member of a elm) that arises from the other party‘s actions pursuant to this Security Instrument or that allegs that the other party has blushed an pmvis'on of. or any duty owed b reason of, this Security imtrument, until such Borrower or der has notified the other party with such notice given'injeomplianoe with the requirements of Section 15) of such alleged breech and afforad the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must claps before certain action can be taken. that time period will be deemed to be reasonable for purposes of this para aph. The notice of eooeleration and o unity to cure given to Borrower pursuant to Section and the notice of aweleration given to rmWer pursuant to Section l8 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section m. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substenos. pollutants, or wastes by Eivironmental Law' and the following substances gasoline. kerosene, other flammable or toxic petroleum ucts, toxic pesticides and herbicides. volatile solvents. materials containing asbestos or formalde yde. and radioactive materials; (b) "Environmental Law“ means federal laws end laws of the jurisdiction where the P y is located that relate to health. safety or environmental protection; (c) 'Environmenta Cleanup” includes any nee action. remedial action. or removal action, as defined in Environmental Law; and (d) an " nvironmental Condition" means a condition that wen came. contribute to. or otherwise trigger an Environmental Clamp. Borrower shall not cause or permit the presence use. disgsal. storage. or release of any Hazardom Substances. or threaten to release any Hazardous Su tancs. on or in the Property. Borrower shall not do. nor allow anyone else to do. anything effecting the Property (a) that is in violation of any Environmental Law. (b) which cream an Environmental Condition. or (c) which. due to the presence. use. or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preeediniitwo sentences shall not apply to the meme, tse. or storage on the Property of small quantities of azardous Substances that are genera ly moguized to be eppmpriete to normal residential m and to maintenance of the Property (including, but not limited to. hazardous substances in consumer products). Bormwer shall promptly g've Lender written notice of (a) any inv ti tion. claim. demand, lawsuit or other action by any governmental or regulatory a cy or te party involving the Property and any Haurdow Subsunce or Environmental w of Borrower has actual lnitlnln: .Q‘s“) "7°” m. u .. u Form soos 1/01 1/7 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 34 of 311 ‘I vi .9 knowledge. (b) any Environmental Condition, including but not limited to, any spilling, lmking, discharge, release or threat of release of my Hazardous Substance, and (c) any condition caused by tho prance, use or release o! a Hazardous Substance which adversely affecm the value of thc Property. If Borrower learns, or is notified by any governmental or regulatory authority. or any n'vate party, that any removal or other mediation of any Hazardous Substance affecting the roperty is wry. Borrower shall pmmptly take all necmry remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON'UNIFORM COVENANTS. Borrower and Lender furthcr covenant and agree as follows. 22. Acceleration; Remedies. Lender shall give notice to Borrower rior to acceleration following Borrower's breach of any covenant or agreement in this ecurity Instrument (but not prior to acceleration under Section l8 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date. not less than 30 days from the date the notice is given to Borrower. by which the default must be cured; and (d) that failure to cure the default on or befote the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existenee of e default or any other defense of Borrower to acceleration Ind sale. If the default is not cured on or before the date s ecified in the notice. Leader at its option may require immediate payment in full of al sums secured by this Security Instrument without further demand a_nd may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22. including, but not limited to, reasonable attorneys‘ fees and costs of title evidence. - IfLender invokes the power of sale. Lender shall execute or cause Trustee to execute a written notice of~the occurrence of an event of default and o! Lender's election to cause the Property to be sold. Trustee shall cause this notice to be recorded in each county in Ayihieh any part of the Property is located. Lender or Trustee shall mail copies of thennotioe Was prescribed by Applicable Law to Barrower and to the other persons prescfibed by Applicable Law. Trustee shall give ublie notice of sale to the persons and In the manner prescribed by Applicable Law. A ter the time required by Applicable Law, Trustee. without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated i‘n the notice o! sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may urehase the Property at any sale. Trustee shall deliver to the purchaser grustee's deed conveying the Property without any covenant or warranty. expressed or implied. The recitals in the Trustee’s deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall ap ly the proceeds of the sale in the following order: (a) to all expenses of the sale, including, nt not limited to. reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument: and (c) any excess to the person or sons legally entitled to it. 23. Reconveyanee. Upon payment of all sums sec by this Security Instrument, Lender shall request Tmstee to reconvey the Property and shall surrender this Security Instrument and all noun evidencing debt secured by this Security Imtrumem to Trustee. Trustee shall reeonvcy the Property without warranty to the person or pusons 1e lly entitled to it. Lender may charge such person or a reasonable fee for reconveying the perty, but only if the fee is paid to a third party (sue as the Trustee) for services rendered and the charg'ng of the fee is permitted under Applicable Law. if the fee charged dew not exewd the fee set by Applicable law. the fee is conclusively pmumed to be reasonable. I . 24. Substitute Trustee. Lender. at its option, may from time to time 'nt a suecbmr trustee to any Trustee a inted hereunder by an instrument executed and acknow edged by Lender and rworded in the of ice of the Recorder of the county in which th P perty is located. The instrument shall contain the name of the ori 'nal Lender. Tnistee and r0 01-. the book and page Where this Security Instrument is meordedyand the name and addr o the sueemr trustee. lnltl-l: Q-SlCAl (oxen r... u u is Form 3005 1/01 :0 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 35 of 311 ‘l u ZCAZ Without conveyance of the Property, the smr tnstee shall succeed to all the title, powers and dutis conferred upon the Trustee herein and by Applicable Law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution. 25. Statement of Obligation Pcc. Lender may collect a fee not 'to exceed the maximum amount permitted by Applicable Law for furnishing the statement of obligation as provided by Sec‘ion 2943 of the Civil Code of California. ' BY SIGNING BELOW. Borrower accepts and agrow to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrowct and recomd with it. Witnm: /AM éc/ (Sean I I \ 7 ‘ I -Borrower RALPH EAL (Seal) -Borrowet (Seal) (Seal) -Borrower -Borrawer (Sal) . (Seal) -Borrower 'BOTI’OW” (Seal) (Seal) -Bormwer Borrower Q-mcumon M u ,, ‘5 Form 3005 1/01 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 36 of 311 u State of California } SSCoumy of SANTA CLARA ‘ on , - - before me. ‘ .. CAM f u‘f.5 \8 0‘1 HS‘Wen/Pc “MDMR‘ RALPH NEAL personally known to nie (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) islare su 'bod to the within instrument and acknowledged to me that helshelthey executed the same {@erflhdr authorized capacityfiw), and that by hislher/thcir a'gnaturds) on the instrument t person(s) or the entity upon behalf of which the person(s) acted. executed {he instrument. WITNESS niy hand and official seal. b (Seal)V' - x ‘1‘ HSIAOTIEN coma. 01353993,“; “imemflnymmoto lnmlls: @‘NCN “1°" m. .s .. 1s Fom- 3oos 1/01 n/ Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 37 of 311 I) o. 55cm: No.: o7-9msasoMD Loam No; CACI'V743-77432984r0098405860 flUe Mm: 07mm EXHIBIT “A" THE LAND REFERRED T0 HERHN BELOW IS SlTUATED IN THE QTY OF SAN JOSE, mUNTY OF SANTA CLARA, STATE 0F QLIFORNIA, AND IS DESCRIBED AS FOLLOWS: Lot 13, as shown on mat certain Map entifled ”Tract No. 8453 which Map was filed for record in me Office ofthe Recorderof the County o! Sana Cara, State of Califomla, on August l4, 1997 in Book 692 of Maps at page(s) 43 mmugh 46. Exoepting therefrom the underground water or righs thereto with no righs of surface entry, as granted m San Jose Water Works, a Califomla Oorporafion, by instrument, recorded Febmary 26, 1999 under Recorders Serial Numbe! 14677625. Exhibit Page » Legalmmmuxsoz) -7/ Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 38 of 311 2m . .: . . . . . .u . . .. " fi r. " . : A v x v . 3 5 : Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 39 of 311 u l . I Q I . 0. I i n n i t } - I i i i ! ! ! . . _ I n z . . . x / . _ us I . n - . : .. .. .. . E . v 1 - 2 v - - t i ‘ .. . : 5 4 i f . f O . . . ’ I I _B . a - _ . . . T . I . B. 1 ‘ - -H . y I f L , ; . 9 . . l § DOCUMENT: 20942766 Pages: 2 RECORDING REouesleD BY ‘ Fees N 4 2, w CALIFORNIA RECONVéYANCE COMPANY Jame . j ‘ Copies. ~'_____ ANDWHEN RECORDEPMNL To m PA”) f 2' ”a CALIFORNIA RECONVEYANCE COMPANY mm ALWRAS Rog a 888 920006?“ Avenue ' SANTA CLARA comm RECORDER - n/wzale M3“ smp'CAz’4379 Recorded at the request of 18126 AH ChaSWOI‘th, CA 91311 Recording Service Spncaabovemb'inebneearders usconw Tmsme Sale No. 7446130A Loan No. 3013671072 Tlfle Order No 100669979-CA-MN ’ IMPORTANT NOTICE NOTE: After having been recorded, Ibis Assignment should be kept with the . Note and the Dwd of Trust hereby assigned ASSIGNMENT OF DEED OF TRUST FOR VALUE RECEIVED, the undersigned hereby grants, assigns and transfers to Bank of America. National Associationgsuooessor by merger to LaSalle Bank NA as trusbe for WaMu Mortgage Pass- Through Certificates; Series 2007-OA6 Trust all beneficial interest under that 0min Deed of Trust dated 05-17-2007 executed by RALPH NEAL AN UNMARRIED MAN. as Trustor, to CALIFORNIA RECONVEYANCE {COMPANY as Trustee; and Recorded 05-25-2007 Book NA. Page NA. Instrument 19444 of official records in the Office of the County Recorder of SANTA CLARA County California. APN: 612-70-007 Situs: 1588 CALCO CREEK DRIVE, . SAN JOSE, CA 95127 TOGETHER with the note or notes therein described and secured thereby. the money due and to become due thereob, with interest, and all rights accrued or to accme under said Deed of Trust including the right to have reconveyed. in whole or in part the real property described therein. i DATE: NovemberOB. 2010 tional Association, successor in interest to WASHINGTON MUTUAL m_MERGEDoc Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 40 of 311 |I STATE 0F CALIFOfiNIA COUNTY OF LOS ANGELES I On November 03 20,10 before me C. LUCAS “Notary Public". personally appeared Colleen lrby who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscnbed to the wrthin instrument and admowiedged to me that he/sheithey executed the same in his/her/their authorizéd wpae’dyfies), and mat by hislherltheir signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the Instrument I l certify under PENAJJY 0F PERJURY under the laws of the Sate of California that me foregoing paragraph is true ens correct ’ WITNESS my hand E Signature FMQGEDOC Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 41 of 311 i . Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 42 of 311 5 EXHIBITC ‘- ‘rz‘ “w... D'oc #24191453 Pafg‘e', 4, or 5 TS No.2 CA190028509S TSG No. : 190782841-CA-MSI VAIFHA/PM No.: NOTICE 0F DEFAULT AND ELECTION TO SELL UNDER DEED and payable and has elected and does hereby elect to cause the obfigafioxzs seamed thereby. Mhorized Siam Y BE ACTING AS A DEBT DEBT. ANY INFORMATION OBTAINED First American Title COLLECTOR ATTEMPT I MAY BE USED FOR THA ' ' Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 43 of 311 ., 3-:ng UNDER THE Doc #24191453 Paige 3 of 5 TS No.: CA1 900285095 TSG No. ; 190782841-CA-MSI VA/FHA/PM No.: NOTICE OF DEFAULT AND ELECTION TO SELL UNDER D OF TRUST Remember, YOU MAY LOSE LEGAL RIGHTS m Y0 .OT TAKE PROMPT ACTION NOTICE IS HEREBY GIVEN. That Filst American T' e Insurance Vmpany’ is either the on'finaltrustee, thedulyappointed substmitetmstee, oractmg'fj ’F orbeneficiaxy under a Deed oanm dated 05/17/2007, executed by ' RALPH NEAL, AN UNMARRIED MAN, as Tmstor(s) to secure certain obligations in favor of’W TON MUTUAL BANK; FA as Beneficiary, recorded 05/25/2007, (a Instrument Rwords in the Ofioe of the Recorder of T' land therein as: AS MORE FULLY DESCRIBED 1N THE .) 9 9.4 (in Book) , (Page) of Oficial E UNTY, CALIFORNIA dmibing IONED DEED OF TRUST o f1 INALsumofs 1,000,000.00. b" for which suchDgedofTrustissewfityhn u . u- of: said obugauons includifig ONE 181E That a breach ofi and defa occurred in thai payment THE INSTALLMENT 0F AND INTEREST WHICH BECAME DUE ON I;9/1/2_009; ANDALL 4 m; UE lerALLMENTs, TOGETHER WITH LATE CHARGES AS SET/F'UR H ASSESSMENTS, FE ' BE CONSTRUED SAID NOTE AND DEED OF TRUST ADVANCES, R RUSTEE FEES. NOTHING IN THIS NOTICE SHALL R OF ANY FEES OWING TO THE BENEFICIARY US'I‘, PURSUANT 'IO THE TERMS OF THE LOAN Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 44 of 311 L ‘79 DOC #24191453 P_agl'e 2 6f 5 TS No.: CA1900285095 TSG No. : 190782841-CA-MSI VA/FHA/PMI No.: NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DE required by your note and dwd oftrust 9r mortgage. Ifyou fail to make taxw on the‘ prope'ny, provide Insurance on the property, or pay other 0in and deed of nust or mortgage, the beneficiary or mortgagee ist yon. reinstate your account in good standing In addition, the ban §5iary 01h?) gagee condition to reinstatement that you provide reliable written property m_xw, and Hazard msuranoe premiums. so in‘ order to may req'uire as a u paid all senior liens, Upon your written requwt, the beneficiary or mortggee will g'v written itemization of the entire amount you must pay You may not havet the entire unpaid portion of your account, amounts in default 31 the time payment -::ee mg umallyageeinwrifingpfiortothe Hz’lier-na endofthethmemomhpefiodstaied above) to, among other thing, (1) provide additju- - u ' "um to cure the default by transfer of the property or otherwise; or (2) establish A ‘ lents in order to wre your default, or both (1) and (2); Following the expiration of the time refe o in the first paragaph of this notice, unless the obligation being foreclosed or ‘ agreement between you and your creditor orthk/permits a longer period, you gnto stop the sale of your property by paying the To find out the amouht ,‘or to arrange for payment to stop the foreclosure, or if your - property 1sin foreclosure f ‘ contact. l; . . ‘ ’ b > u ' Baiik N ' i 335123?) mmWWWgage fihfl'fifii“Efiéfié’, .1196 2007 3“ do First American ' ce Company 4795 Regent Blvd, M ‘ ill-F Irvmg,Tx7s .. aw] Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 45 of 311 “This document was electronically sdbmltted,"\r' to Santa Clara County for recordljng" 241 91 453 Recording Requwed By: Regina Alcomendras . _ Santa Clara County - CIerk-RecordérSemceLmk 05/30/2019 12:06 PM ' Tifles: 1 Pages: 5 Fee's: $1 12.00 When Recorded Mail To: Tax: $0 First American Title Insurance Company Total: s1 12.00 4795 Regent Blvd, Mail Code lOll-F Irving, TX 75963 APN: 612-70-007 Property Addrms: 1588 CALCO CREEK DRIVE SAN JOSE CA 95127 TS'NQ. : ' - f CA'19002850951 “1:11": TSG No. : ‘ 1'90782841éCA-MSI ' NOTICE OF DEFAULT AND ELECTIONéONSELL ATTENTION RECORDER: THE FOLLOme REFE T0 AN ATTACHED SUMMARY IS APPLICABLE TO THE NOTICE PROVIDED TO U O ONLY N IN THIS DOCUMENT ATTACHED ER DEED OF TRUST o NOTE: THEREIS ASURIMARY OFTHE a z *Qfi g?anug; a Ea §- buxabkm 216L151 NOTA: SE ADJUNTA UN RESUI‘» - L ORMACION DE ESTE DOCUMENTO TALA- MAYRooNG BUQD NG I ’f’ Yo s KUMEIngONG rro NA NAlgALAKIP ‘ _w LUQC vE THONG TIN TRONG TAI LIEU NAYLUU 3": KEM THEO DAY LABSQE Pursuant to California Civil Law] .- FORECLOSURE BEQAIEE; YOU: ARE , 7 s IT MY BE Soifi WITHDUT‘ANY COURT ACTION, and you m gal right t9 bring your account into good standing by payihg 'all o'f your past due paym " costs and expensm within the time pamitted by law for reinstatement of y fling Eliot: is normally five businms days prior to the date set for the sale o‘f" ‘ " 1 _ may be set umil appi‘oximalely 90 days fiom the date this‘ Notice of ed , date of recordatjon appears on this notice). £31.19 as of 05/29/2019, and will incre‘aSe until your account becomes Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 46 of 311 DOC #24191453 Pa:ge 5 of S CALIFORNIA CONTACT OR DUE-DILIGENCE DECLARATION (CIV. CODE § 2923.55) Borroweqs): RALPH NEAL, AN UNMARRLED MAN Ts Number: CA19oozsso95 mpg“, Adm“; 1588 CALco CREEK DRIVE SAN JOSE, CA 95127 The undersigled mortgage servicer reprmentative declam as follows: lam employed by the undersigned mortgage servicer, and I ham 'ts bu. a .j records for the borrower’s loan, including the borrower's loan usm inf ation,tolosubstantiate the borrower’s present loan default and thc ri formation setforth herein is accurate, complete and supported by corn tand rehay? e iU/nce that l have ' rpvicwed In the mortgage servicer’ s business records Th ortgage sc xccr’ s business rccom reflect one of the following - ‘ d by Lhc bon'owcr in borrower’s financial situation and to 9xplore euired by CW. CODE§ 2923.55. Thmy $ The mortgage servieer contacted the borréwer, or a pcrso writing to represent the borrower, to asses options for the borrower to avoid foreclosurema days have passed since the initial contact w required by ClV. CODE § 2923:55\/\ Thu‘b hae‘passed since thm due diligence efi'ons D The mortgage servioer tried with due diiiéigae?unable to contact the borrower as were satisfied D The mortgage servieer was 11 require to ply dbwith CW. CODE § 2923.55 because the individual does not meet the fifluuom G a rmwer" under Cw. Cone § 2920.5(c). D The loan is not see‘iPedK gage or deed of tmst on “owner-oecupied" . 3KBEB/CW Coos § 2924 15 Select Portfolio SeMdng, Inc By: VWMA [NAME 0F 516%] 11316119513111: 9199331 ATTACHMENT TO NOTICE OF DEFAULT Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 47 of 311 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 48 of 311 «y. cmsalgmaommfimoommmza Hmumlmme m mafiamo 5‘ PURCHASE AND ASSUWI'ION AGREENENT WHOLE BANK AMONG FEDERAL Damn INSURANCE CORPORATION, RECEIVER 0F WASHINGTON MUTUAL BANK, HENDERSON, NEVADA mum. nnposn' INSURANCE CORPORATION and ”MORGAN CHASE BANK. NATIONAL ASSOCIATION DATED AS OF SEPl’EMBER 25. 2008 ! 1 ! i Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 49 of 311 cmsnmmgm-Emoomnza Him-mwm mummoj' CHASE AND 0N GRE WHOLE MAW,mmmmmouormwdayofsepm, zoos by ma among memm nzrosrr INSURANCE CORPORATION, REJ‘cmvan of WASWGNN WALBANKHENDEBON, NEVADA (me "l ‘ JPMORGANCHASEBANIQNATIONAL muonormfindmthclawsofmmmofmmhmmwhcbdphmofhmhsfifwmm (the‘mmmwmmnmmsmaco RATION WundethelawsofflwUniwdSmaofAmaicaandhavingispfincilnloficcin WWD.C.,mn3inmcmpoMcmpmty(the“Cowufion'). 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NOWTflmflominconsida-afiohofmemunmlptmham safenhmdofiermmmmhaetoageeasfoum Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 50 of 311 :cmsnmwwmfimooaummza Hmom/g/zg/m mimwmg: ‘ I ARTICLE l DEFINITIONS r Capitalized termsusedinthisAgeanem shall have the running set forth inthis Article LordsewhczeinthisAgeemenL Asusedhmwordsunpaningthcsingulzimludemeplmal andvicevm "MM"mm the general ledgcrand subsidim'y lodgers 2nd ampom'ng schedules whié support the gmaal ledger balanom."W5" means Suha‘dian'u ofthe FailedBankacquired ‘mammal. ”MW"mmwifllmtomyLommse smritywlfichhasbemdaiminflmmostmentnpmofemmanona 'Doubtfill'or‘boss'bytheFailedBank‘sappmpdaleFedemlorSmteChane amy. a Loan or "Substandard.” 'ing Authority or mum. "AM" ofanyPusonmeans anydirectormfica, manp! vyeeofthm Pawn mmmmmmwhoisdimlymindhealycommngorcomued by,ormdadirect ormdinctcommoncomlwith.sthason,or(u’)whoisanafilinteoftha-masthc tetm'afiliate' isdefincdinSeefionZoftheBankHoldingCompanyActof 9S6 asammded. 12U.S.C,Secfionlw. 'WmdfiszdAmmpfimAmnbyandmmemmmWMMMMmmeofim-Mfidmm tou’me. "w" meansanasseaoffiwFailedBankpumhasedpmmutoSecfiMBHI MownedbySubmdianesoftthailedBankmnot “Am withinthenl'nnningofthis definition. "M"mmDem'w "mm mmshecloseofbmoftheFafledBankonthcdateon whichmemnamgAnmwitycmédmmm'on. ("W" mmsmcbmfinghomdrivo-‘mhanhngfidfifiumdWWfieflmmdammbgmwimemfingmmdMfiw mmmmmwfiawhmhnghOmmdfindonwhichthc {mmmmmmmmmmbythehfledmmmaammedbythe FaiMBankasofBankCloa'ng. "Bid Amount” has themeaning provided in Am'cle VI]. 1 t WWWMum mmMMPM Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 51 of 311 t g cmsmmwm-Emo Danmmmnza Hm amyme mmwmm‘) * i . e 4‘ "M Value" means, with raped to any Asset and any Liabimy Assumed, 'the dollar mummemfsmd on me Amounung awards orme Failed Bank nfie Book Value or anyitan sl'tallbedaamimdasofBankGosing afiuadjustmeuts mzdcbythe Assuming Bank for nonnal opaan'onal and timing difi‘mm m awoums, mspmse items, un I debits and audits, and otha similar adjusunms or corrections and for saofi's, whether v1 11mm)! or ' involuntary. 1b: Book Value era Subsidiary ome Failed Bank acquired by die Assuming Bank Muhammad fiomthemvmtinsnbsidimymdmlatedaocommon e 'bankonly‘ (magma) balance sheet craze Faned Bankbased on the equity manna Ltaceouming Wimom l'nniting the genu-ality ofth: foregoing (i) the Book Value ofa Liability Asmed shall mcludeall accruedandunpaid mmmerwn asofBankClosing. and (ii) thJBook Valueofa Ioanshaflteflectadjusunmtsformedinmonmmedmasit {othcfiuleof 78s" or add-on-intemct loans, as applicable), ifany, as ofBank Closing, ad' for the pom'on ofeamed or unwued loan-rclated credit life and/or disability insmanAc praniums, if any. mama to me Failed Bank as orBank Closing, and arguments for Fined Bank Advamifanyfinachuseasdetamined forfinandnlmgpnrpomfll‘he Book Valucof anAsdshall not mclwcanyadjtsnnem forloanpruniums, discountsoranyrelaxeddefmed incomeorfes, orgml orspecificmerva ontheAccounfingRecordsoftthailed Bank. "MM" mans adayoflmthanaSamrday. Sundayfi'bdeml kgalholiday orleglholidayunderthelawsoftheSmewhacflmFailedBankisthoradayonwhich thepbdpalomceofthe Corporau'onis closed. "ChaMg‘ Anthorig" mam (i) with raped to a national mk, the Ofioe of theCommelaofmeOmmcy, (ii)withr6peatanedaal savingas-n? 'onorsaving hank, the Ofice ofThnfl Supavisnon, (xii) with rupee! to a bank or saving mi-u-i-an chartered byaSmatbcagmcyofsuch Smechargedwithpfimarym'bihtyformulan'ngand/or cloaingbmhorsawinsximtions. nthccasemaybe,(iv)tthorpomionJin aceordaneewith 12 US.C. Semen 1821(c), with tegud to selfappointmatt. or (v) the appropriate Fedual bmkingagemyinmordmewith 12 U.S.C. 1821(c)(9) O "Mt” meansmeunfundedponionofalineofa'ed torotha WWonthebwkswmdsofmeFafledBmkwmakemexmmofaedit (wadditim'nladvanmwithrspeatoauanmmwas[cpllybind'mgontheFailedBankasof Bankaoshgomammutcnaomofaedhpmmmmcaeditwdbusinssmdovmfl mecficnplans ofthc FailedBank, ifany. 5"M" mmmeageanmmirmmeumwifimorotha dommatmytimccvidmcingorotiww'setelafingto governingorer -fi-‘-incomwction withousnctnityfor,aloan.mcluding withom limitation notabondgloan ammIetta ofaufitmhwfimlmfinmngwmmbmkdsmmdmfidmwmwfion mats, cmycxchange 3mm repurchaseWm, reverse' mmdwdsofmmnmassimmmsemfityaqkmentsplm whoudinan'onorpriorityayeanm, lien pfiofigammmdamkhgsecunmmmm dommtsfieal optmous, participafion agemenbandmtaaedttormmmmmmwwmmmfimwm'mmm and I subsfitnfim withnmecttoanyofthe fomoing. 3mm WuhmemlBufiMMPM WW: Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 52 of 311 cmsmm 3m) .W211 Dmnnmemza 1mm muggy mefifio i g I i "M" means all Credit Doaunmts and all otha aedit, nllateml, or inmdocummminlhcpowcaa‘onorcusbdyoffieAssumingBmhmanrofits W Snba'dimiacrAfifimrelafingtomAssaorauanincludedinngNoficc,oreopiaof anythmf. . "W" means anylaseorliccnsing ageemmt. binding oath: FailedBankasofBankCIDsing.thembjectofwhichisdaxaprocwsfngeqmpiifmtormpma hadwmoxsofiwmusedinconnecficnwithdamymng andvitiwAlwsF or licmsingmmmmmmmmmonfimdmpmgacfifi:fiesshall ‘ mumabmhomgmmdlwofwheflmsuchlmorfimn‘gamako combumngcqtfipmem. "M" meansadeposit sdefinedin 12 U.S.C. Section 1843(1), including withcmlhnimfioumdingmhidschecksandotheromcial checksandal] uncollectedmmmmmmmmmmmmmmormmw mmmwmFqusififlmflmtmcludeaHormyporfionofquosit bahacawhichinthedisacfionofmekeoeimortheamnfion, (Dmyb'erequuedto sansfiitbrmyflqxfidatedorwnfingmzfiabifityofanydeposimrmisingfiodanummofized onmlawfill umetion.«(u3maybewmpmvidepaymemofanyliabifityofany Wmmfler-‘afleda'ankonhckeeeiva,includinglhcliabilityofanydeposnorpsadixwor wofiwoftheFafldBmhwhahetornotthemnoxmtoflhc liabilityisora'nbcdetaminedas ofBank Closing. "W"mmthetommspaidbymel=mled3ankw® momaitalimpos‘m'mfn’nayadvaloranmwmdhmdinmmandCuiWayaeditfifcmmmmmmmmmfssinglemmmcla Wmmmmhmovmaddifimmumwsm mmfiafiomwmfiufingaflmapmofmmmdwmchmacquhdaddabfim inmlledotpmchmmfiwacpmseofflleFafledBanhmdlmoflheholbuoflealtifle WaofBankClosing. "WM!" means the finnim and eqnipnpnt (011mmmmmmmmmmmmdmmxlmedowmwme FailedBanknndmfluctdonthcbooksoftheFailedBankasofBankClosing. imludingWiflwut WwwmmfldulhmwhimwpefingfmfimofiumuhinuyfinfludhgpmmlWLWofiwmfiammmflmmdmfiwmmmm "W” mamtaspmvidedinpmphanbfswon 1110:),mmmmmfimsmmmmxmemmmmmM WawAfifimoffieFafledBmkaorbmmcSuba‘mwAmmofme AmingBmhdeiinhedhonaomm employeesandagenmoftheAmingBankandmmmmmmmmmwwmfmadhwtomoffim anployewor agents orme Failed Bank mormy Subsidmyor mum: ome Failed Ban L } I WOW WWWmmflu "mum Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 53 of 311 omen H JWWZIIEHJD Danmmma mmaway Wmmm m“? I t"mm" mans the payment made pursuant to Anicle VII, the amount ofwhiw shall be either (i) ifthe Bid Amount ls positive. the Bid Amount plusllhc Required PaymmtorGDiftheBidAmoumisnepnqutckequiredPaymmtminusthe'BidAmomt. The Initial Paymwt shall bcpayablebythc Corporan'on to the Amumng Bank iftlfi'elnitial Payman isanemveamomThclnifialPaymanshanbepayablcbytthmmmgBmkwthe Commation if the Initial Paymmt ts positive. "Ming" mans theamonntofindebtednm leyllyo byan Obiigox Mmmspeamalnmineludingpfincipalmdmcmedandunpaidimaeet, feesanomeys' fmmdmamxahmnmpmrfimmdsimflmchmgaifany. I "Liabiflflu Assam" has we momfing provided in Section 2.1. "Lg” means any mortgage, lien. pledge, charge, assigunent or securitypm wanityimmmmbmeeofanykindwithmpeettomAssnh, including my confifional ale went orcapital lease or otha title retention agecmcnt xelau'ng to suchAm "M" meansall ofthe following owedto «held bytheFaiJed Bank‘s of BankClosing (i) loans (including loans which havebeen charged ofl‘the Accounting 'RecordsoftheFailedBmkinwholemmpanpfiwakalosingxpatfi' 'onageemenu, intueminpanieipafions, overdmfisofeustomaflincludinsbmnotlimitedfo overdmfismade pmammmovadmfipmteefionplanorsimflarutensionsofueditinaomefionwitba depom't account), revolving commercial lines ofaedit, home equitylines ofcmdit. Commimm, United Sm and/or Sme-gtaranteed studmt loam, and law's financing commas; (ti) all Limmifltsfinehfing tighs ofsa-ofi), media, powers, privileges, dmdachnngpfiorifia.equifiaandbmefitsownedorheldbymreem’mgortometoo: forthcbmfixofitheholdaoftbeobliyflonsorinsumnmtxefaredtoin letse(i)above, inehtdingmetlhniwdmmosemsingmdwmbmduponoeditDommmmtyWwwambmmmofmgmmfiflempofidwm bindexpaymmthondsandpufonnmcebmflsflmyflmemdfiomfimetlofimeexisfingwim respeatoanyot‘theobligafionsorinsmentsrefmedtoinclausefi) shone; and } (iii) mmmmmmodifiufionamewmmdmmfimc'mmmd refimdinpcforforanyofthe fming; mmmmumtwmmedefinimor-m'mummm QualifiedF’mncialConum I! "Obmr”meansee¢Pasonliablefonbefitflorpaxfial aymmor pafwmnwofmybmwhethersthamnisobliweddheetlanduLy pnmm'ily, secondmily, jointly. or severally. Maw WWWMmm?“ mum Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 54 of 311 OMS 'fllJfiAC-GflflfiEDDWZfi HMWWW Him B $2 M45 “*Of'r‘f "W" muallinmtsmrwmdotherthmBankPmnises mdFm),imludingbuxmtlimncdtominaalfights. Insehold rights, condominiumand Wmfifimmwdopmmfigmsthmmmedbymjhledm"W" means the fits: Bus'nm Day afier Bank CI 11g. "M" mm any individual, corporation, partnership, joint vmtine, madman. joim-nock company. mm, unincorporated organization, or govermnmt or any' agmcy or political subdivision thaeoi acluding the Corporation "mummy mmmmyPcrsoMothenhantheAsummgBankorany ofimAmfimn)whoisowgammindanmfyormoromawisemakepa&mm(mduding paymmmonwoountofclaimsmadcmnst)moronbdalfofanthonineomfionwith thcclaimscovaed undaAniclexn. including without limitation anyinsurerhssuhgmy e dirmandoficas hahilitypolicyoranyPason issuingafinancialinsumfionbondorbanker's blanket bond. MngabalanccsheaMmflectsamsomblym fima’alstamwfimel’ailedBankflu-ouyxflredateofclosing.'I'herformafinancial Wmemabmformeopmingwuiwofbothmemmngmmdmekeeeivcr. "M" m: the menu'mgpmvided in Secn'on 3.4. mmmmmmmmmmmax -- d"W"mm aqualified financial onuactasdefined in 12 U.S.C. Mm 1821(6X8XD). "M” meansanydocummt. mimfichnmiaofilmandogmputermods (mmmmmmmmdxmmfmmdpdnpdwpyNflhe FailedBankgmaatedormmnmuedbymel-‘ailedBankmmisowndbyormthemof tlxeRcca’vaalBankClosing. 'W"withmt°anymsdmm tymsfinsand MmficMwmfingWoflthafledBankmofMGodngwaindebtednmmummdmmmmmabmfimmm MMMCfihdvalmMappfiwblemmhAssegandm) othaobliytwn daunfinedbymeReedvertobcdimalyrdaedtomhAm ‘"W"fimmwmmm ' Wityonfiwbooks offlwAmngBmhmsmemmofmthlateduabifityas ontheAecounfing RecudsoffieAmnnmgBmHasmnmnedmmdancemthgmflly’mmdmmg mh)mof¢edmcasofwhichbekdatedfiabifitymumisbeingdetmhe¢With mmsfiafifityfimnlmammhnoncmhemmofmcbkdmedfiabifiushaflummwmrmmemordammgmkem mammymwim 6 I mm WWW“ma?“ Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 55 of 311 C%6&l& - ~ t . ‘ mmmEmDDmflmmZfl FIWGJl/m/llfl WMmiMfiO‘, ‘H mpecttoanyoneofwchassas. Such allocafion shall bcmade by specific all *inn, whae daaminablgandomerwiseshallbcpmratabaeduponthedollaramomtofmchassctsstgted onthcAwoxmfinngordsofthceufitytbatownssuchmeL , "Mm" mans $0,000,000.00."M" manswithmspecttoanyAssetorasscgwhichshallbc dcmnfimdbymekweivanhcmfimoflb): (a) (i)inmemofanemveBidAmommeamomtpLdbythe , WMWbyamtageequalmmequofimtpmdwedbydividmgme- Amman;maidAmmnbymewaookvmormemwomemm Bank; ' (ii)inmcevauofanegafichidAmounLthcamoumt-wflfingfiom (aXQahovqorinmeevcmofaposifiveBidAmomt,themoumpaidbymeAmzmingBank, (x)fonLommt]bedmeasedbyanyporfionoftbeloanclassified'loss"a:ndbyono-halfof mypufionoftheLoanclmfied Hdouhzfixl asofthcdamomekClosingandofiormy Amawmmhd’mgaumdmsedby’Mmoumofmymmcymd withmectmmmmmmmmisalmmomammbwindlwmm memuhhummshaflflmuiwmdmdmamthcmemybgbyimmw dimmichemisappumue)medmmmmaodngmflimofiomp WWWWmmchAmofliinthwlcmauhmm pmmdsrweived byorduemflwAmngBankfiomtheVsalcofcollamLanyfory'mmoldebgorotherwxse shahbcdwmedmcymdvedbychsamingBmhor I (b) thedaflmmnomtlhaeofsMedonchccomfingRecmsofmc AmingBankmofmdmmofwhichthechmhascPficeisbeingdetaninedms Winamdanecwimmuymmedmfingpinciplmmd, Lfthcassctisa mmofmeuplaalmmereofmdadjustedinthomemme-asuwBOok ValueofaFa‘ledBankuanwauldbeadjustedhmda. IWW (bxahavgshaflnmbcappfieableandthenidmmwbeconsidmdto unhapdfivefcrbmmchasedpmmtoSecfion3flqa)"W mmmallboanspmchasdhmmda, exchhding(a)NewLoans nub)hmwmemmbymwmumfiwimhdedfiGXa)),phxs(ii)thc Whmedvathrdexymmetham."W" mmmmre depositbom omep easank, irany.mmmmemumdepombuammmzmmmmumwammmmwmmmwumedpdomsmcnosingmaammmmmmmmmmmmdankeysmdwmmMmk J I , 'W'mfiéfimfim‘nmbay’mmediml} pfiormtheday whidisonehmdmddgnwaMaysaflaBkaksingmmhodmdafiepfimthmas 7 WWW“mmNM?“ mm: Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 56 of 311 V CMéfllJéw-Qfim-EEDD DWZB. FilmWWW ”3%m (mMBIO l I § ‘ ‘ maybeageedmnbymekcceivamdmemingm‘fhek'wdva',‘ itsdiscmu'ox’z, mumdlthculcmcmDm '"W" mans, formefimcalcndarqm orpomon meteofdurhxgwhichimutmdtemtcdmfinedbylhemm equaltothe equivalentcouponissucyiddontwmty-six(26)-weck Unitedswn fillsinefieaas ofBank Cloa‘ngaspublished jnjlhg Ea]! SM Ioumg;m mm; ifno ch equivalem monismcyieldisavaihbleasofBankClosingthcequivalemcoupon' 'yieldforsuch TwBiHsmoammdypubWinMWpfimtoB ClosingshallbeMW, memeshallbeadjnstedtothcmdeteminedbymekweivatobeequalto meequivalancoupouimeyieldonsuch TmmyBillsincfl‘eaaso‘fthe finfldayofwch awedingmlmdarqumdmingwbid inmamsaspubfishedinmmm Jam n n n has meaning set tom: in Section 3(wx4) «Ln mm] Dcposi:ham Ad, 12 U.S.C. Section l8l3(w)(4), a ammded. ARTICLE fl ASSUMPTION OF LIABILITIES 7-1W Sijwafion%25md48 me mannoAnicleAmingBankexwmlymmmBookValudsubjecuoadjummtp vmwayeampaymaform.mddischmaflofthcliabflifiaoftheFailedBankwhichare mfieddonflnfioobandRmdsoffieFafledBankasofiBankCloa‘nglflclnmngthe mmmmmhahififiamodmedwifllmymdallcmplow plans,cxeeptmmmmmwmu, manommpmvidedinmsméhm(m liabilm'alefaredmas 'IiabilifisAmed'). NotwithsmndingSecfiond.dllhcAssummg Bmkcpecificaflyamwaflmonpgesavidngfimmwfiyfionsoffifiiledm 2.2 Wuemmw itwinmmeall dwteonuacGasomekClosinganditwfllameandpaymtawon 'liabilifies WmmSeofionZlmthcmemqs)mdonmesameMms ayeedtobythe FailedBankasuistedmofMClodng lfsucthosithasbewpled :toman chumormcdeposnmromm,anyudmdmwalmaeofwbembjeawmemor , themaugovaningsuchpledge. I 23 Wmmdshmasmmma 01mm dqoa‘wxoffiwFafledBankdoanotclahnoxmmeonfimesuch "tor'sDepoa'!Wwwmzmmmmingmmemm- W’shanwimm‘finm (ISBWDaysaflumemdofmchdgnem(ls)-monflxpaiod.(i) um... tothe CapmnfionthcfizllamountofmhtheposMwithomrednaionforn' pmvidetotheCoxporafionanelecuonicschedulcofanwchrefimdedI - maybeptm’bedbymeCommmmumammfmconveyand'kdwawmc ReedveraflfighgtitlcandinmofthcAmingBankinmdto' previously! mfetredmthemmingBankandomamdsgenumedm .. . .. m1.-. bythcAmiming Bankpam’ningmmchbepodmnmingsmhdweenusymmhpai mthctequstofthe 8meow WWWmm“MM Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 57 of 311 f 1 ‘ Cms&l&\c £3300 [I“£211 mmmmm Hwam/mm Paiwmmb. l I t i I t CambeAmmgBankpmmpflyshaupwvidetotheCoxpomfion ~ .. ... 60f Emamwmmnqmmamqmmwa’mdu WquflWleplmeqmblgjudidflm -=~-"-'smnedormmmmmmvdy,minmywsy lanylomor, commanmlmdwebymefm‘demkp-mmfiflmummym byamird pmtyinWWflabmwhichiscrwashddbytheFfledmnkwotéawwukhgin mmmFafledBank'slufingmlompmdnseacfivifiamweafimflynm ‘ ‘memm AKRCLEHIm 0Fmm SnMeutoSfim3” .3.6m4.8.theImmm "sdkmms. - offlmkwciva mmmmemembmmmwmmmd' hudbano'fmeMOaLpas'oMMdmixdmwm MmemflmdonflwboohoflheFafledBmkasomekCI ' Maremmwmmmmmaflfldflifihmmmmmmmmwmemmvmed'msm 2.1/13:Widmmmmmedanmbw-‘m orWWMWMMNWWWWIMWMWMEMWQMMWMWSJLWmmmmmmmmmmfifimm obfimfionsofmeFailedBank. ‘, 3-2 'W J (a) “Magmamermnanksubjeawmopaonm bydnAmingmmmmmhflnmomwmemmmmm spedfiedfirmmmmmmm3zwsm bcpovided hudnAnyAmmaftthaflndBanksubjecttoanopfionm aromamWhMMmMBWliZaWWMM WuhMVabahmmomamdagedofi'me Recadsléfflwmemmmmammwupmmm rm l t l man WWWMM?“ mm Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 58 of 311 CMéfllfiw-mm-EEDDWZfl Film!!! O_Il/m/JIH F4 85 M45 INWI'INBSWHEREOF, Ihepaniuhczetohavemthis Whythfldulyamhofindrcmmdeuofflmdmefimabmwflm Am. “mm FEDERAL DEPOSIT WCE : [0 1 l 5 r i RPORATION, lobe RECUVER OF: WASMNGTON MUTUAL BANK. WERSON. NEVADA BY: m: Wchcll L. 018mm TITLE: Director FEDERAL DEPOSIT INSURANCE ( ORPORA‘I'ION éYz NAM: WMLOhmnn 'ITI'LE: Direcmt ”MORGAN CHASE BANK. NAT“ ASS ON BY: NAME: Brian A. Remy TITLE: Senior Vice Pmidm 33 l I l ‘WWW!WM Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 59 of 311 I y, : CWSE’ME I l \CWM-EEDDWZE FIMGfl/mfllfl WQMMQIO ' mmmmmmmepmfiamhmmmwmmu g aecmdbythdrdmauthofizednpmfimasofmedmefixstabovgwfim i FEDERAL nzrosrr INSURANCE c Jaroxumon, RECEIVER or: WASHINGTON ML run. BANK, HENDERSON, NEVADA o lsvwmmw , NAME: MitchellLGlawmn TITLE: Dimctor FEDERAL DEPOSIT INSURANCE CORPORATION o BY: - NAME: MLGW TITLE: Director JPMORGAN CHASE BANK, NAT! NA]. ASSOGA’I'ION BY: NAME BdmABmey , TITLE: SeniorVicerident ‘ . 33mmmmfu MM Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 60 of 311 I'J v : cm - - ‘ 'sammgszngmonmmmmza Hmmm/mma mfimew'o SCHEDULE 2.1 - Cumin Liabilitia Not Ammed l. Pnfandscockandlitigfionpendingawnst theFailed Bank related {o liabilities rmfnedbythereceiva. 2. Submdinateddebt. 3. Smiordcht. 4. All employeé benefit plusmud by the holding company ofthe ‘led Bank exegt me mx-qualified pmsion md 401(k) plans and employee medial plan ‘ 5. Aumamgunmnanploymchango-in-eomuevmnn [deferred Immmmmmmapmwmdnmemwm anditsmployeaor(u)mainhindbyanafledBankonbdnlfofit anployea. Ema” WamumlamkMad?“ m Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 61 of 311 cm, 'salfiwopgm-EED Dmmmmnza Hm O_n/Q/JIH mmmm " SCHEDULE 3.2 - Purchase Price cusses (a) mmmlafiomaqosimWmlmwimm‘h‘ mofconecdomplm hummaeon: (b) ncmitieuachu'veofthewmlm“ AcquhedSuhddimiamesintm them (c) fedaalfimdssoldmdmpmchaseWimwncmdinsm mama: (d) Lem (e) ouanIEm (n ‘aeaixwumifmyfimlufinsan outstandingmmsionsofcxeditz (g) SafiMositBoxwandnlaidbusinws.Mmmwmif W‘ (h) mmmmmm: (i) capinlaodofanyAnquiredSubfidimis: G) mowedtomcfafledBankbymy‘ (k) MWWofmficmcy. tomeexmwwawisepmchmdham (I) Worm 35manMum Book Value Market Value Book Value Book VaIue Book Value Book Value Book Value Book Value Book Value Book Value Book Value Book Value 1 I ‘ 0 ‘ I t‘ I [ f } f wummWM Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 62 of 311 (m) rim ifmymimmpea to Qualified Mammalue Fmeinl Contracts. . 5 (n) rights ofme Failedaankwmvide Book Value’ I x norm servicing fat othas and ‘0 have i mow mvidng pmm to the Failed I punk by 0mm and related comm. ' (o) Bank Pmnisa: Book Value (p) Fumim md Equipment: Book Value ‘ i Book Value(q) Fm wan“mm I 36 WmanmWM ommmm wmnrommw EznmmmGacmi-mmg‘rmsmo Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 63 of 311 1n av linsumeepofidaptowedsandconmwmwdeeldorimedwith toor m l cmsam £330 D IWm mmmmza Film! 0mm” aW45? I I ‘ (l) Any financial Institun'on Bonds. Banka's Blanket Bonds, surety except 00th bonds required for mined litigation risk), Directors and Officers Insurance, I fmonal : Liability manna, or related premium refimd, named premium daived fi'oq camcllan'on. or any proweds payable withW to any ofthe foregoing. This shall exclude O ercial Gmanl Liability, Imanafional Liability, Commutial Automobile. Workers qamp'cnsalion, Emple Liability. Umbrella and Exam Liability, Propmy. Monpge mm: and fMow Bums & 0mim‘ons, Lmdu-placed covaage, Private Menage Ins Boiler & Machinay. Tamrism. Mail. Storage Tank Liability, Maine Liability. Vase! ull mdle Pollutionafmminemctsareacquired). Aixuafiljabilityfifaixmfimarfiacquimd) SCHEDULE 3.5 - Certain Asses Not Purchased A connedonwithmyAdechzdingBanksmfincqmndbytheAssunfing undertlns WMMpolidapmceedsandcoflamalquuimdAm (2) any imam n'yu, action, 'claim, orjndgncnt ayinst (i) any omen, di‘ or, employee, mum. momey ow any omet Person anployed or retained by the Failed or any ' Snba’dmy ofthc Failed Bank on or pn'or to Bank Closing afim‘ng out ofany I or omission of mch Pusan'm web wacky, (ii) any undawriter of financial instimtion bondk, banka’s blanketr bondsoranyothcrinsmanccpolicyoftheFailedBank,(iii)anyshareholdam"holdingcompany ofmeFailedBmkor(w)anyothctPctsonwhoseactionorinacfionmaybel atedtoanyloss (mlndvcofanylosmzlfingfinmmchl’ason'sfiilmtopayonauan bytthailed BanbmcdbymeFafledBmhmggforflmpmposahaeof, lmomissionsor omefe‘vcnuy'vingdsotoanymchchimshallhavcoccmndonorbefme Clos‘ng. i Wmofwhmmysuficlaimisdiscovaedandxemdlessofwhethaanymchclaimis madewhhmeawafimndalinsfimfionbonibmka‘sbhnkdbonior otherinsmmcc policyofmeFailedBankinfomcasomek Clom'ng; y (3) lcasedBankPmmsaandlasedaninneanquuipmemandFixnwmddam manipmemmcludhghmdmandsofiwmflowedonlasedoq ownedBank MmifmmQytheAsumingBankdmobtm‘nanopfionimHaSecfion4q6 Swficn4.70t8ection4.,8 asthecascmaybgwiihrspcctthuetmand ,4 l (4) any ainfinlkmmfion cadets issued in fivor ofthe Failed Built; . 37 i ..mm WMmlmMM?“ . WM Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 64 of 311 1.1 u v cmsa-Mm Emlyn " ' ”0mm, mmmmuz-a Hmmmmmg Wflmmo _ t EXHIBIT 3.2(c)- VALUATION OF CERTAIN I ' ‘ QUALIFIED FINANCIAL CONTRACTS 3 0 A $2.2 mmwm-wmmmrommmlgmwm EMmgoonmdfloomwhalm-pmhasedorwfim j ' OptionConuacts-Allpmandeallopfionconn'actgwhetherpmchased mwfiflmim‘ mmkefible secnfitia, financial futures. forum amendes. forciy acfiange orforéip ‘ udmgefinmuoonm Fom'm Exclange Contracts ~ All commas for future purchm or sale 3f foreig: mummies. foray may or cross currency swap contacts, or foray exchange futummam ‘ B- ms!!! AHfimdalcoxmmtsusedmhedgcassetsandfiabifidathatqumredbymc AminsBankbutmnotmbjecttoadjumfiomBookValue. C- Mum ThcdifiamebeiweenmeBookValueandmarkctvalucasofBank llosing. n. mm l. ThepfioeatwhichthcAssnmingBankseusordispomof fieéFinaficial ifsuchsaleCometswiflbcdmedtobethefiirmmkavalueofmch ordinasifionooansaptevaflingmmkamfithinapredefinedu’mmbbas ageeduponbymeAsummgBmkmdmechiver. 2. InvahfingaflothuQmfifiedFmancialConmzmthefonowhgpxinciplsmn 8w!!! (i) Allhowncashflowsmdaswapsorforwmdexchmgcoonu'ausshaflhe Mvaluedtotheswapwocouponintmmcéiuve. NM?” (ii) All valuations shall mploy prim andmm on thefactnal ( fiequmcyofmereeaorpaymem. ‘ ‘ i (iii) Eachuancheofmmfia‘ngwmnasshallbe valued.‘i‘het§tal a valueofmchamcxfin’ngoonmshaubelhemo’mevalwaits e componemuanches. j " ‘ I‘y r 38 ' Imommy Wumw Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 65 of 311 Kc :07 Ii“ mmMM?” (iV) (V) Fomgularxyuaded commas, valuations shan be a: me ' m: orghe bid andaiprim quoted bycustomarym(e.g., ' Journal, Tcletate, Remus or othcx similar source) or reéhlarly traded! ‘ «changes. g Feral] othet Qualified Financial Commaswha'e publish edmm'kaguots mmavaflablqnnadjustedpficcshallbethcavmge thebidandask pricequomfiommmecwemuifiadcalasamubl ltotheReceiver mdAssxmingBankasofBankadnglfqnnmfiomlseanitiadcalas mtuommapprfiwmmbhmflwkwcfimmdthc Ammngamkwmqumammmwmmdfingmm amlm's, inapolafionoromerwchniqmasappmpdm f \ V r 39 WWWM Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 66 of 311 n; w: ATTORNEV 0R PARTV WITHOUT ATTORNEY (Name Stare Bar number and address): FOR comer use ouLv TELEPHONE No; (408)2 1 9-1 188 FAX No; ATTORNEY FOR (Name): In PrOPer -RALPH B. NEAL SUPERIOR COURT 0F CALIFORNIA. couurv 0F SANTA CLARA 1588 Calco Creel Dr San Jose, CA 95127 . l i STREET ADDRESS: 151 N‘ First St. . ' JU N 1 7 2013 ‘ I MAILING ADDRESS: fi cm AND ZIP cone: San ,Jose, CA 951 13 BRANCH NAME: CASE NAME: = Ralph Neal vs. First American Title, et al CW"- CASE COVER SHEET Complex Case Desi nation CA N39“ - ‘ Unlimited D Limited D E g _ i V 34- 9 0 1 9 ‘(Amount (Amoum Counter Jounder JUDGE. i demanded demanded is Filed with first appearance by defendant ' exceeds $25,000) $25,000 or less) (Cal. Rules of Court. rule 3.402) DEPT: Items 1-6 below must b9 completed (see instructions on page 2). 1‘ Check one box below for the case type that best describes this case: Auto Ton Contract Provlslonany Complex Clvll thlgatlonD Auto (22) Breach 01 convacuwarramy (05) (Cal. Rules of Court, rules 3400-3403) Uninsured motorist (46) Rule 3.740 collecfions (09) _AntitruslITrade regulation (03) Other PI/PD/WD (Personal InjuryIProperty Other collections (09) Construction defect (10) Damage/Wrongful Death) Tort Insurance coverage (18) Mass tort (40) ' DDDDD DDDDDDD Asbestos (04) omer contract (37) Securities litigation (23)D PFOGUCl "abimy (24) ' Environmentalffoxic tort (30)U Medical a'prac‘ice (45) - Eminent domain/anerse Insurance coverage claims an‘sing from lheD 01 r Pl/PD/wo (23) condemnation (14) above listed provisionally complex case FDIWD (Other) Ton E Wrongful eviction (33) ‘ypes (41) Business tonlunfair business practice (07) E Other rea' pmpeny (26) Enforcement o, JuagmemE Civil rigms (08) Unlawful Detalner D Enforcement ofjudgmenl (20)D Defamation (13) E Commercial (31) Miscellaneous olvn ComplaintE Fraud (16) ' D Residential (32) E Rlco (27) ‘D Intellectual property (19) D Drugs (33) D Other complaint (no! specified above) (42)E Professional neg‘igence (25) JUd‘c'a' RM“ Miscellaneous Clvn Peuuon 'E Other "on‘P'IPD/WD 1°“ (35) D Asse‘ forfenure (05) Partnership and corporaie governancé (21) Em onment D Petition re: arbitration award (11) D omef petition ("o’specified above) (43) ' Wrongful termination (36) D Writ or mandate (02)D Other employment (15) D Otherjudicial review (39) ,. K ,- 2‘ This Case E is - is not complex under rule 3 400 of the California Rules of Court. Ifthe case is co . factors requiring exceptional judicial management: a1 D Large number of separately represented parties d. E Large number ofwitnesses b. D Extensive motion practice raising difficult or novel é. E Coordination with related actions pending in one or more courts i issues that will be time-consuming to resolve in other counties, states, or countries, or in a federal court c. E Substantial amount ofdocumentary evidence f. E Substantial postjudgmentjudicial supervision l . Remedies sought (check all thatapp/y): am monetary 11D nonmonetary; e aratory or injunctive relief cimpunitive Nurhber ofcauses ofaction (specify): four I ' This case D is - is not a class action suit ,» ' , lfthere are any known related cases file and serve a notice of related case. (Y y use form M- 5.) i Date June, 2019 ‘ RALPH B. NEAL ‘ (TYPE OR PRINT NAME) (SIGNA ATYORNEY FOR P _TY) gushes» NOTICE l I I . o Plaintiff must file this cover sheet with the first paper filed in the action or proc eding (exce t all claims cases or fees filed\ 1 under the Probate CQde. Family Code, or Welfare and Institutions Code) (Cal, Rules of Co . rule 312201) Failure file may result in sanctions. t= ° File this cover sheet in addition to any cover sheet required by local court rule, , i 'F o If this case is complex under rule 31400 et seq. of the California Rules of Court. you must serve a copy 's cover sheet on all other parties to the action or proceeding. _- VI ' 0 Unless this is a collections case under rule 3.740 or a complex case. this cover sheet will be used for statistical purposes only.” 1 M 2 Form Ado ted lo! Mutual Use Cd. Rule: a! Coon. rules 2.30. 3.220. lmfioa. 3.740; JudicialDCouru‘l d Califfia ' CIVIL CASE COVER SHEET Cal. Stand“: oi Jwiu’al Awninistratioh, std. 3.10 CMOIOtRevt July I. 2007] www.counmmcagov Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 67 of 311 CM-010 INSTRUCTIONS ON HOW TO COMPLETE THE COVER SHEET To Plaintiffs and Others Filing First Papers. If you are filing a first paper (for example a complaint) in a civil case you must complete and file. along with your first paper, the Civil Case Cover Sheet contained on page 1. This information wili be :used to compile statistics about the types and numbers of cases filed. You must complete items 1 through 6 on the sheet. In item 1, you must check one box for the case type that best describes the case. lf the case fits both a general and a more specific type of casegiisted in item 1. check the more specific one. If the case has multiple causes of action, check the box that best indicates the primary cause of actionl To assist you in completing the sheet, examples of the cases that belong under each case type in item 1 are provided below. A cover" s'heet must be filed only with your inItIaI paper Failure to file a cover sheet with the first paper filed In a civil case may subject a party its counsel, or both to sanctions under rules 2 30 and 3. 220 ofthe California Rules of Court. To Parties in Rule 3.740 Collections Cases. A "collections case' under rule 3.740 is defined as an action for recovery of money owed in a sum stated to be certain that is not more than $25,000, exclusive of interest and attorney's fees, arising from a transaction in which property, services. or money’was acquired on credit. A collections case does not include an action seeking the following: (1) tort damages, (2) punitive damages, (3) recovery of real property. (4) recovery of personal property, or (5) a prejddgment writ of attachment. The identification of a case as a rule 3,740 collections case on this form means that I't will be exempt from the general time-for-service requirements and case management rules, unless a defendant files a responsive pleading. A rule 3.740 collections case will be subject to the requirements for service and obtaining a judgment in rule 3.740. To Parties in Complex Cases. in complex cases only, parties'must also use the Civil Case Cover Sheet to designate whether the case is complex, If a plaintiff believes the case is complex under rule 3.400 of the California Rules of Court, this must be indicated by completing the appropriate boxes in items 1 and 2. If a plaintiff designates a case as complex, the cover sheet must be served with the complaint on all parties to the action. A defendant may file and serve no later than the time of its first appearance a joinder in the plaintiffs designation, a counter-designation that the case is not complex, or. if the plaintiff has made no designation, a designation that the case is complex, Auto Tort Auto (22)-Persona| Injury/Propeny DamageNVrongful Death Uninsured Motorist (46) (if the case involves an uninsured motorist claim subject to arbitration, check this item instead of Auto) Other Pl/PDIWD (Personal lnjury/ Property DamageIWrongful Death) Tort Asbestos (04) Asbestos Property Damage Asbestos Personal Injury! Wrongful Death Product Liability (not asbestos or toxic/environmental) (24) Medical Malpractice (45) Medical Malpractice- Physicians 8. Surgeons Other Professional Health Care ' Malpractice Other Pl/PDNVD (23) Premises Liability (e.g., slip and fall) Intentional Bodily lnjury/PDNVD (e,g,. assault. vandalism) Intentional lnfliction ot Emotional Distress Negligent Infliction of Emotional Distress Other PI/PDNVD Non-PllPD/WD (Other) Tort Business TonIUnfair Business Practice (07) Civil Rights (e,g.. discrimination, false arrest) (not civil harassment) (08) - Defamation (e.g,, slander, libel) (13) Fraud (16) Intellectual Property (19) Professional Negligence (25) Legal Malpractice Other Professional Malpractice (not medical or legal) Other Non-PI/PDNVD Tort (35) Employment Wrongful Termination (36) Other Employment (1 5) CMVOIo (Rev. IuIy 1. 20071 a _ CASE TYPES AND EXAMPLES Contract Breach of Contract/Warranty (06) Breach of Rental/Lease Contract (not unlawful detainer or wrongful eviction) ContracWVarranty Breach-Seller Plaintiff (not fraud or negligence) Negligent Breach of Contract! Warranty Other Breach of Contract/Warranty Collections (e,g.. money owed. open book accounts) (09) Collection Case£eller Plaintiff Other Promissory NoteICollections Case Insurance Coverage (no! provisionally complex) (18) Auto Subrogation Other Coverage Other Contract (37) Contractual Fraud Other Contract Dispute Real Property Eminent Domainllnverse Condemnation (14) Wrongful Eviction (33) Other Real Property (e,g., quiet title) (26) Writ of Possession of Real Property Mortgage Foreclosure Quiet Title Other Real Property (not eminent domain, landlordltenant, or foreclosure) Unlawful Detainer Commercial (31) Residential (32) Drugs (38) (if the case involves illegal dmgs, check this item; otherwise, report as Commercial or Residential) Judlclal Revlew Asset Forfeiture (05) Petition Re: Arbitration Award (1 1) Writ of Mandate (02) Writ-Administratlve Mandamus ert-Mandamus on Limited Court Case Matter Writ-Other Limited Coun Case Review Other Judicial Review (39) - Review of Health Officer Order Notice of AppeaI-Labor Commissioner Appeals CIVIL CASE COVER SHEET Provisionally Complex Civil Litigation (Cal. Rules of Court Rules 1400:3403) Antitrust/Trade Regulation (03) Construction Defect (10) 'Claims Involving Mass Ton (40) Securities Litigation (28) Environmentall’l‘oxic Tort (30) lnsurance Coverage Claims (arising fmm provisionally complex case type listed ab‘ove) (41) Enforcement of Judgment Enforcement oi Judgment (20) Abstract of Judgment (Out of County) . Confession of Judgment;(non- domestic relations) Sister State Judgment Administrative Agency Award (not unpaid taxes) Petition/Certification oi Entry of Judgment on Unpaid Taxes Other Enforcement of Judgment Case Miscellaneous Civll Complaint RICO (27) Other Complaint (not specified above) (42) Declaratory Relief Only lnjunctive Relief Only (non- harassment) Mechanics Lien Other Commercial Complaint Case (non-tort/non-complex) Other Civil Complaint (non-ton/non£omplex) Miscellaneous Civil Petition Partnership and Corpotate Governance (21) Other Petition (not specified above) (43) Civil Harassment ' Workplace Violence EIder/Dependent Adult Abuse Election Contest Petition for Name Change Petition for Relief From Late Claim Other Civil Petition Page 2 ol 2 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 68 of 311 SUM-100 7CIT§CL§oMmngIAI_ ) ___ W m _.__9m2°:,.:e."5;:352:22m FIRST AMERICAN TITLE INSURANCE co- 'u. s. hANK NOTICE TO DEFENDANT: NA SUCCESSOR IN INTEREST To LA SALLE BANK, NA (A v/so AL DEMANDADO) As TRUSTEE 0N BEHALF 0F THE HOLDERS 0F THE ‘ WAMU MORTGAGE PAss THROUGH CERTIFICATES i SERIES 2007-0A6; JP MORGAN CHASE; SELECT I , PORTFOLIO SERVICING INC. - ' ‘ _ ANDVDOES l-ZO, inclusive. YOU ARE BEING SUED BY PLAINTIFF: (LO ESTA DEMANDANDO EL DEMANDANTE): RALPH B, NEAL n 01 CA County o! Santa Clam DEPUTY NOTICE! You have been sued The coun may decide against you without your being heard unless you‘resgond MWSO days Read the iniormation below V You have 30 CALENDAR DAYS afler this summons and legal papers are served on you lo file a vy‘ntlen response at this coun and have a copy served on the plaintiff A later or phone call will noi protect you. Your written response must be In proper legal form if you want the court to hear your case. There may be a court form that you can use tor your response You can find these court forms and more information at the California Courts Online SeIf-Help Center (www.coum'nfocagov/selflielp), your county law library. or the courthouse nearest you. Ii you cannot pay the filing fee. ask the court clerk tor a fee waiver form, If you do not tile your response on time, you may lose the case by default. and your wages, money, and property may be taken without further warning from the court, There are other legal requirements. You may want to call an attorney right away. If you do not k'rIow an attorney, you may want to call an attorney referral service. If you cannot afford an attorney. you may be eligible for free legal services from a nonprofit legal services program. You can locate these nonprofit groups at the California Legal Services Web site (wwwlawhe/pcaliforniaorg), the California Courts Online SeIf-Help Center (www. couninfo ca gov/selfhelp), or by contacting your local court or county bar association NOTE: The court has a statutory lien for waived fees and costs on any settlement or arbitration award of $10 000 or more in a civil case. The court's lien must be p'aid before the court will dismiss the case. 1A VISO! Lo han demandado. Si no responde denim de 30 dlas Ia cone puede decidir en su contra 'si escychar su version. Lea Ia infonnacion a continuacién. ~ Tiene 30 DIAS DE CALENDARIO después de que Ie entreguen esta citacion y pape/es lega/es para resentar una respuesla por escrito en esta cone y hacer que se entregue una copia al demandante. Una carra o una llamada (elefénica no Io prbtegen Su respuesta par escn'to; tiene que ester en Ionnato legal correcto si desea que pmcesen su caso en Ia corte. Es posib/e que haya un formulario que usted pueda user para su respuesta. Puede encontrar estos formularios de la cone y mas infonnacién en el Centrv de Ayuda de las Cortes de California (www. sucone. ca gov) en Ia biblioleca de Ieyes de su condado o en la corte que Ie quede mas cerca. Si no puede pager la cuota de presentacién pida a/ secretario de Ia cone que Ie dé un formulario de exencién de pago de cuotas. Si no presenta su respuesta a tiempo, puede perder el caso por incumplimiento y Ia cone le podra quitar su sue/do, dinero y bienes sin mas advenencia. Hay otros requisites legales Es recomendable que I/ame a un abogado inmediatamente Si no conoce a un abogado, puede llamar' a un servicio de remisién a abogados. Si no puede pagar a un abogado, es posible que cumpla con Ios requisites para obtener servicios Iegales gratuiros de un pmg/ama de servicios Iegales sin fines de Iucro Puede encontrar estos grupos sin fines de Iucro en el sitio web de California Legal Se/vices, (www. Iawhelpcalifornia org), en el Centm de Ayuda de Ias Cones de California (www. sucorte. ca.gov) o pqniéndose en contacto con Ia cone o el colegio de abogado: locales AVISO. Por Iey, Ia corte tiene derecho a reclamar/as cuotas y Ios costos 'exentos porimponer un gravamen sabre cualquier recuperaciOn de $10 000 o mas de valor recibida mediante un acuerdo o una concesién de a itlaje en un caso de derecho civil. Tiene que pager e/ gravamen de Ia cone antes de que Ia cone pueda desechar el caso. _ 1 3:; The name and address of the court Is: S t CI C ty S C rt fififiuuaem C 34 9 9 I (El nombre y direccién de Ia cone es). an a ara oun Upefior 0U ‘ 191 N FirstSt San Jose, CA95113 icy V , 0 1 t ' i The name address and telephone number of plaintiffs attorney or plaintiff without an attorney, is. (El nombre, la dileccién y el numero de ie/éfono de/ abogado de/ demandante o del demandante que no tiene abogado es). RALPH B. NEAL, Plaintiff In Proper, 1588 Calco Creek Dr., San Jose, C 95 7; Tel. (408)219- 1188 i ‘- “ c: ' : V I DATE: Clerk, by ‘ _ f , Deputy (Fecha) JUN l7 2019 (Secretan‘o) ._- Lal l (Adiumo) (For proof of service of this summons, use Proof of Service of Summons (form POS-Oi . (Para prueba d9 entrega d9 esta citatién use e/ formulalio Proof of Service of Summons, (POS-010)). NOTICE TO THE PERSON SERVED: You are served [SEAL] ' 1. E as an individual defendant. 2. E as the person sued under the fictitious name of (specify): 3, on behalfof (specify): _ 1 under: CCP 416110 (corporation) I DI CCP 416.60 (minor) iD CCP 416.20 (defunct corporation) I D CCP 416.70 (conservatee) ID CCP 416.40 (association or partnership) D CCP 416.90 (authorized person) gE other (specify): I 4. D by personal delivery on (date): i I Plge 1 o! 1 , imnemami SUMMONS “emwemfi SUM-‘Im (Rev. July 1, 2009] Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 69 of 311 10 ll l2 13 l4 15 l6 17 18 19 20 21 22 23 24 25 RALPH B. NEAL 1588 Calco Creek Dr San Jose, CA 95127 Tel (408)219-1 188 Plaintiff in Proper FILED 'JUN 27 2mg: CLERK OF THE C: CSOUPERJCBQVCOURT gimcrA BY 9H n SANTA“? SUPERIOR COURT OF CALIFORNIA SANTA CLARA COUNTY Limited Jurisdiction RALPH NEAL Plaintiff, vs. FIRST AMERICAN TITLE INSURANCE CO.; SELECT PORTFOLIO SERVICING INC; U.S. BANK, NA, SUCCESSOR TN INTEREST TO LA SALLE BANK , NA AS TRUSTEE ON BEHALF OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA6; JP MORGAN CHASE; SELECT PORTFOLIO SERVICING INC; and Does 1-20 Defendants ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Case N0. 19CV349019 MOTION FOR PRELIMINARY INJUNCTION, ORDER TO SHOW CAUSE AND OTHER ANCILLARY RELIEF; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION RALPH NEAL Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 70 of 311 10 ll 12 13 14 l5 l6 l7 18 19 20 21 22 23 24 25 NOTICE TO ALL PARTIES AND ATTORNEYS OF RECORD Please take notice that 0n at Plaintiff Ralph B. Neal will move for Preliminary Injunction and Order t0 Show Cause why a permanent injunction not be granted. This motion is made under Sec 526(a) of the California Code 0f Civil Procedure on the grounds that there is the likelihood that the plaintiff will prevail on the merits at trial, whereby the (1)Defendants d0 not and cannot prove whatsoever even through discovery 0r otherwise their ownership of the subject loan, not being the true owners and successors in interests of the subject and deed of trust, which would lead to the likelihood that Plaintiff Will prevail on the merits, and that (2) the harm t0 be suffered by the plaintiff if the injunction does not issue as compared to the harm if any, t0 be suffered by the defendant if it doers whereby the Defendants do not and cannot prove their ownership 0f the loan summon and Unlawful Detainer Complaint were not properly served 0n Defendants. This motion will be based on the herein Complaint, Notice 0f Motion, Memorandum of Points and Authorities , the Declaration 0f Plaintiff, and such other oral and documentary evidence to be presented at the hearing. FACTUAL BACKGROUND 1.011 0r about May 25, 2007.Plaintiff executed a Deed of Trust which was recorded on 0r about said date in the Santa Clara County Recorder as Document No. 194444945. The original lender was WASHINGTON MUTUAL. (Complaint, Exhibit A) 2. On November 4, 2010, Defendant JP Morgan Chase without any legal basis as being not an asset purchase within the PAA, yet still created an Assignment of Deed of Trust which was recorded in the' Santa Clara County Recorder (Complaint, Exhibit B) which recites as follow: Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 71 of 311 10 11 12 l3 14 l5 l6 l7 18 l9 20 21 22 23 24 25 FOR VALUE RECEIVED, the undersigned (JP MORGAN CHASE BANK) hereby grants, Assigns and transfers t0 BANK 0F AMERICA NATIOPNAL ASSOCIATION, SUCCESSOR BY MERGER TO LASALLE BANK NA, AS TRUSTEE FOR WAMU MORTGAGE PASS THROUGH CERTIFICA TES SERIES 2007-0A6 TR UST. J.P. Morgan Chase, National Associafion, successor in interest t0 WASHINGTONMUTUAL (Signed) Colleen Irby, Officer 3. On May 3.0, 2019 Defendants FIRST AMERICAN TITLE INSURANCE CO, SELECT PORTFOLIOS SERVIVING INC, and US BANK NA, AS SUCCESSOR IN INTEREST TO LA SALLE BANK , NA AS TRUSTEE ON BEHALF OF WAMU MORTGAGE PASS- THROUGH CERTIFICATES SERIES 2007-OA6 caused t0 record a Notice 0f Default in the Santa Clara County Recorder. (Complaint Exhibit C) ‘4. Plaintiff filed the herein referenced Complaint with Cancellation ofNotice of Default , among other causes of actions , 0n June 17, 2019 in the Santa Clara County Superior Court. Defendants D0 Not Have Legal Ownership Interest 0n the Subiect Loan and Deed 0f Trust 5. Plaintiff asserts that from nowhere and without transfer documentation links, Defendant SELECT PORTFOLIO SERVICING INC, and U.S. BANK NA, AS (alleged) SUCCESSOR IN INTEREST TO LA SALLE BANK , NA AS TRUSTEE ON BEHALF OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA6 claim serviceship and/or ownership of the subject loan and corresponding Deed 0f Trust. 6. Plaintiff asserts that alleged transfers, subsequent assignments of the subject loan were pretentiously and unlawfully made by Defendants and that due t0 their pretentious chain of Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 72 of 311 10 11 12 13 l4 15 16 17 18 19 20 21 22 23 24 25 assignments, it is now unknown and doubtful who is the current lender/beneficiary/assignee With legal authority and standing regarding the mortgage 0n the subject property . 7. In the first place, the pretentious allegation 0f J.P .MORGAN CHASE as indicated by their Assignment ofiDeed of Trust dated November 10, 210 , that it was then a Successor in Interest, is insufficient t0 the extent 0f the continuity 0f Plaintiff‘s mortgage loan originally with WAMU. Although J.P. MORGAN seemingly rely on the Purchase and Assumption Agreement (PSA) (Complaint Exhibit D) with FDIC, it is clearly established that nowhere could be found by schedule, reference, the subject deed 0f trust or promissory note in the said PSA, failing to establish that J .P. MORGAN had beneficial interest whatsoever from the beginning 0r at any point in time. 8. As a general'proposition , a beneficiary 0r trustee under a deed 0f trust who conducts an illegal, fraudulent 0r willfully oppressive sale of property may be liable to the borrower for wrongful foreclosure (Yvanova vs. New Century Mortgage Corp. (2016) 62 Cal.4‘h 919. Yvanova clearly establishes that a plaintiff has standing t0 challenge the nonjudicial foreclosure when an alleged beneficiary or trustee has no beneficial legal interest under the deed 0f trust. 9. In Herrera vs. Deutsche Bank National Trust Co. (2011), the bank foreclosing under a Deed of Trust relied 0n the recitations in a recorded assignment stating the assignor , JP MORGAN CHASE was the successor in interest to Washington Mutual Bank, whereupon the appellate court concluded that judicial notice 0f the recorded assignment from JP MORGAN t0 the foreclosing trustee did not establish the the foreclosing bank was the beneficiary under the deed 0f trust. 10. In a recent California case, Javaheri vs. JP Morgan Chase, Case N0 CV1 0-0818)" ODW, an Order by the Judge in the United States District for the Central District 0f California has denied JP Morgan Chase Bank’s Motion t0 dismiss when it found that: in the face of these specific factual allegations by the borrower as t0 the securitization of the loan "JPMorgan’s assertion that the P&A Agree suffices t0 establish their ownership 0fthe Note is no longer viable. Indeed‘rhe P&A Agreement does nor specifically identify Plaintgff’s Note. ” Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 73 of 311 10 ll 12 13 l4 l5 16 l7 18 19 20 21 22 23 24 25 Il. Here, it is clear that Defendants could not carry the proof of establishing that they were successors in interest t0 the subject loan and deed 0f trust. Alleged transfer 0f notes and deed 0f trust related t0 chains 0f title were not existent, nor legally executed, and even if there is an alleged transfer to securitized trust on the purported WAMU MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007-OA6 , there should be proper the links 0f the chain 0f assignements which could not be legally established by Defendants. 12. T0 further put insult t0 injury, 0n the Assignment ofDeed ofTrust dated November 4, 201 0, the alleged Signor COLLEEN IRBY, as alleged officer 0f JP MORGAN CHASE was actually an employee/Section Manager 0f CALIFORNIA RECONVEYANCE, which was the Trustee 0f the Deed 0f Tryst at that time, henceforth did not have principal authority t0 execute the Assignment 0f Deed 0f Trust. COLLEEN IRBY, a notorious robosignor was also a former 0f the defunct WASHINGTON MUTUAL ( which have filed bankruptcy on September 25, 2008), giving n0 more legal authority t0 COLLEN IRBY as she could have not known the veracity 0f the contents 0f the Deed 0f Trust, being an outsider . This is a clear deceptive and fraudulent act , tantamount t0 fraud in coun if presented in court by Defendants. Cancellation 0f Notice 0f Default and Accompanying Foreclosure Documents are Proper Due t0 Defendants’ Wrongful Foreclosure Consistent with public policy, aggrieved homeowners have the legal right t0 be protected from their quiet enjoyment 0f their homes and seek legal remedies for wrongful foreclosures. Because there is n0 court oversight in a non-judicial foreclosure, an aggrieved homeowner can challenge and seek permanent injunction against Defendants who are pretender loan owners. Moreover, it is a basic principle that only a true debt owner or its agent has lawful authority t0 foreclose- has long been recognized in California law (See Santens vs. L05 Angeles Finance C0. (1949) 91 Cal. App 2d 197, 202 {"the trust deed is a mere incident 0fthe debt and could only be foreclosed by the owner 0f the note. “ Dimock vs. Emerald Properties LLC (2000) 8] Cal. App 4‘” 868, 875 [interpreting non-judicial foreclosure statutes t0 codify existing law prior t0 1935, Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 74 of 311 10 ll 12 13 l4 15 16 l7 18 19 20 21 22 23 24 25 which permits only the recorded trustee t0 foreclose at a given time]. This flows from the concept that the debt , (ie promissory note) and the security interest (ie a mortgage 0r deed of trust) are interconnected instruments that function and move together (Sec 2936, “the assignment of a debt secured by a mortgage carries with it the security”.) Because the‘mortgage or deed of trust secures the debt, only the debt owner 0r proper agents 0r successors can enforce it. (See CCP Sec 2924) Thus, a non-debt owner acts wrongfully when it forecloses 0n a deed 0f trust t0 which it is not the beneficiary, and a plaintiff can bring a wrongful foreclosure action 0n such conduct (See Barrionuevovs. Chase Bank, 885 F.Supp 2d 964, 972). Plaintiff may properly assert as his legal right that only the true owner or beneficial holder 0f a Deed 0f Trust can bring t0 completion a nonjudicial foreclosure under California law. See Glaski vs.Bank ofAmerica 218 . It is an established legal principle that to legally foreclose 0n a person’s home, the foreclosing trustee must be the true owner 0f the debt securing the property in question. A mortgage or deed of trust creates a lien 0n the secured property; this lien is contractual in nature but is also a property right (4 Miller & Starr, Cal. Real Estate (3d ed. 2000) Sec 10;1., p, 25) Here, as pled in the herein Complaint and also 0n all the foregoing, Defendants despite having n0 evidence ofi the ownership 0f the subject loan and deed of trust, they initiated and still continue t0 unlawfully proceed to foreclosure proceedings when a Notice 0f Default was filed in the Santa Clara County Recorders’ Office 0n May 30, 2019. Based on all the foregoing , the Complaint, Declaration 0f Plaintiff and Memorandum 0f Points and Authorities herein, the said Notice 0f Default should be cancelled and revoked by the court with a preliminary 0r permanent injunction, and/or other ancillary remedies while this action is being litigated. Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 75 of 311 10 11 12 13 14 15 16 17 18 l9 20 21 22 23 24 25 MEMORANDUM OF POINTS AND AUTHORITIES An injunction may be granted when it appears by the complaint that the plaintiff is entitled t0 the relief demanded and the relief 0f any part thereof consists in the restraining 0f the commission or continuance of the act complained of , 0r for a limited period 0r perpetually (California Code of Civil Procedure 526 (a)). “To obtain a preliminary injunction, a plaintiff ordinarily is required t0 present evidence 0f the irreparable injury 0r interim harm that it will suffer if an injunction is not issued pending an G adjudication 0f the merits. ‘ see generally CCP Sec 526 (a)(2) {preliminary injunction ,ay issue when it appears the plaintiff would suffer great 0r irreparable injury, from the commission 0r continuance 0f some act during the litigation]. While the mere possibility 0f harm to the plaintiffs is insufficient t0 justify a preliminary injunction, the plaintiffs are not required to wait until they havp suffered actual hann before they apply for an inj unction, but may seek injunctive relief against [he infringement 0ftheir rights. [Maria P. vs. Riles (1987) 43 Cal. 3D 1281, 1292 { 240 Cal. Rptr. 872, 743 P.2d 932, italics added; Cily ofTorrance v. Transitional Living Centersfor Los Angeles, Inc. (1982), 30 Cal. 3d 5J6, 526 {I 79 Cal. Rptr 907, 638 P.2d 1304] ; Injunctive relief is available where the injury sought t0 be avoided is “actual 0r threatened”, 7978 Corporation vs. Pitcgess (1974) 41 Cal.App. 3d 42, 46 ,‘115 Cal. Rptr 746. Here, the threshold requirement 0f irreparable injury will occur t0 PlaintiffRALPH NEAL, not only by losing his prOperty t0 the wrong party who claims t0 have in interests 0n the property, but more especially by being subjected t0 future claimants whether the real successor in interests 0r pretender assignees, further subjecting Plaintiff t0 double mortgages and possible future litigations because the present claimant was not properly and legally identified through a judicial decision and order. Moreover , Plaintiff will suffer great and irreparable inj ury because he could not able t0 sell his property when he has all the legal rights t0 d0 so, regardless , before any foreclosure proceedings. Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 76 of 311 10 ll l2 13 14 15 16 l7 18 19 20 21 22 23 24 25 If the threshold requirement of irreparable injury is established, courts 100k into two . interrelated factors to determine whether the trial courts decision to issue must be upheld. “(1) the likelihood that the moving party will ultimately prevail 0n the merits and (2) the relative interim harm to the parties from issuance of non-issuance 0f the injunction.” (Butte vs. State 0f California (1992) 4 Cal. 4'” 668-678 ; 115 Cal.RpIr. 2d 480, 842 P.2d 1240). Appellate review is available when a trial court’s decision constitute an abuse of discretion. (Ibid). Here , Defendants have not proven from the beginning , and still could not prove, even through discoVery or otherwise, their ownership 0f the subject loan. Inasmuch as they are not the true owners and successors in interests of the subject and deed of trust, an injunctive relief is proper t0 enjoin Defendants from any foreclosure action, as there will be the likelihood that Plaintiff will ultimately prevail 0n the merits and that (2) that the relative harm t0 the parties from issuance of the injunction weighs in Plaintiff‘s favor. Butt vs. State ofCaliform'a (1992) 4 Cal. 4‘“ 668, 677-678. CONCLUSION AND REQUEST: Therefore, from all the foregoing, Plaintiff Ralph B. Neal respectfully request this court for a Preliminary Injunction 0r Order t0 Show Cause why a Permanent Injunction will not be issued to enjoin foreclosure proceedings, and also request for other ancillary measures as other inj unctive reliefs the cou'rt may deem best. R" t fully submitted, Plaintiff in Proper Date: Jun6272019 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 77 of 311 10 ll 12 13 14 15 16 l7 18 l9 20 21 22 23 24 25 DECLARATION OF RALPH NEAL IN SUPPORT FOR INJUNCTIVE RELIEF 1. I am the Plaintiff in the herein case filed in the Santa Clara County Superior Court 2. . That Plaintiff maintain that Defendants d0 not and cannot prove whatsoever even through discovery 0r otherwise their ownership 0f the subj ect loan, not being the true owners and successors in interests 0f the subj ect and deed of trust. 3. That Defendants filed a Notice 0f Default in the Santa Clara Recorder’s Office on May 30, 2019 and continue t0 threaten Plaintiff with an illegal foreclosure activities despite having n0 valid interests 0n the subject loan and property. 4. That Plaintiff will suffer great and irreparable harm if Defendants would not be enjoined With a Preliminary 0r Permanent Injunction, and/or other ancillary remedies. I declare under penalty 0f perjury under the laws 0f the State 0f California that the foregoing is true and correct E ecut dlt/Asbgzpday 0f mil, 019 at San Jose, California. Plaintiff In Proper Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 78 of 311 QQUIAUJN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 5:20-cv-O7127 DocunggfiféglgTEUipd 10/13/20 Page 79 of 311 L. Wang Patrick Reider, Esq., SBN 232820 _ _ FIRST AMERICAN LAW GROUP E'eCtmn'Fa'W Wed 5 First American Way, 4th F1. by SUpenor court Of CA! Santa Ana, California 92707 county Of santa Clara! F: (714) 689_4049 RBViewed By. L. wang Case #1 9CV34901 9 Envelope: 31 1 1 736 Attorneys for Defendant, FIRST AMERICAN TITLE COMPANY SUPERIOR COURT 0F CALIFORNIA COUNTY 0F SANTA CLARA RALPH B. NEAL, CASE NO.: 19CV349019 Plaintiff, DISCLAIMER OF INTEREST AND V_ DECLARATION 0F NONMONETARY STATUS BY DEFENDANT FIRST AMERICAN TITLE INSURANCEFIRST AMERICAN TITLE INSURANCE COMPANY CO., et al., Defendants. I, Patrick Reider, do hereby declare and state as follows: 1. I am an attorney at law duly licensed to practice in California and before the above- referenced court. I am an attorney With the First American Law Group, counsel of record for Defendant, FIRST AMERICAN TITLE COMPANY (“First American”). Ihave personal knowledge ofthe facts set forth herein, and if called upon t0 do so, Iwould and could competently testify thereto. 2. On or about June 17, 2019, PlaintiffRALPH B. NEAL (“Plaintiff”) filed a complaint in the above-captioned action filed in the Superior Court of California, County of Santa Clara (the “Complaint”). The Complaint alleges four causes of action for Cancellation of Notice of Default and Related Foreclosure Documents, Revocation 0f Void Assignments, Declaratory Relief 0n Pooling and Servicing Agreement, and Injunctive Relief. Of the four causes of action, First American is required to -1- DISCLAIMER OF INTEREST AND DECLARATION OF NONMONETARY STATUS QQUIAUJN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 5:20-cv-O7127 Document 1-1 Filed 10/13/20 Page 80 of 311 defend all the causes of action. Plaintiff has not properly served the Complaint upon First American but First American has received notice 0f the Complaint. 3. The Complaint appears to arise out of a loan made t0 the Plaintiff and secured by a deed of trust on the property 1588 Calco Creek Drive, San Jose, CA 95127 that is the subject matter of the action (the “Property”). First American is simply the substituted trustee under the Deed ofTrust pursuant to a Substitution of Trustee recorded 0n May 15, 2019, as Document Number 24179835 of the Official Records of the Santa Clara County Recorder (the “Substitution of Trustee”). 4. Based on my review of the Complaint, it is my reasonable belief that First American has been named in this action solely in its capacity as Trustee and not arising out of any actual wrongful acts or omissions on its part in the performance of its duties as Trustee. The basis for my reasonable knowledge or belief is that, to the best ofmy knowledge and based upon a review of the Complaint, our files and documents in the chain of title, First American has not been involved With the Property and has no interest in the Property, except to be named as the Trustee under the Deed 0f Trust. 5. I am not aware of any evidence or information produced to date by Plaintiff or any of the other defendants, or of any facts, documents, 0r testimony, tending t0 suggest that First American engaged in any misconduct in connection with the performance of its duties as Trustee, or that it has been named for any other reason than it is the Trustee. The Complaint makes no credible allegations that First American failed t0 perform any of its duties as a Trustee, nor have any of the remaining defendants filed a cross-complaint against First American alleging any defect in the performance 0f its duties as Trustee, either under the Deed of Trust, or the applicable statutes set forth in Civil Code Sections 2924, et seq. and 2924. 1 7. 6. Given the foregoing facts and pursuant t0 Civil Code section 29241, First American hereby agrees to be bound by Whatever non-monetary order or judgment this Court issues With regard to the Deed 0f Trust. First American further disclaims any beneficial interest in the Property. This disclaimer is without prejudice to the claims, if any, of other parties to the subject Deed 0f Trust. / / / / / / / / / -2- DISCLAIMER OF INTEREST AND DECLARATION OF NONMONETARY STATUS QQUIAUJN 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 5:20-cv-O7127 Document 1-1 Filed 10/13/20 Page 81 of 311 I declare under penalty 0f perjury under the laws of the State of California that the foregoing is true and correct. Executed this 10th day of July, 2019, at Santa Ana, California. ,flZ-x y PATRICK REIDER, Declarant -3- DISCLAIMER OF INTEREST AND DECLARATION OF NONMONETARY STATUS A flak]! 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 82 of 311 PROOF OF SERVICE I am employed in the County of Orange, State of California. I am over the age 0f eighteen years and not a party to the within entitled action; my business address is: 5 First American Way, 4th Floor, Santa Ana, CA 92707-5913. On July 10, 2019, I served the foregoing document(s) described: DISCLAIMER OF INTEREST AND DECLARATION OF NONMONETARY STATUS BY DEFENDANT FIRST AMERICAN TITLE INSURANCE COMPANY on the interested parties in said action as follows: [X] By placing [ ]the original [X] a true copy thereof enclosed in a sealed envelope addressed as follows: Ralph B. Neal Plaintifi’in pro per 1588 Calco Creek San Jose, CA 95127 [X] BY U.S. MAIL Ideposited such envelope in an internal collection basket. The envelope was mailed with postage thereon fully prepaid from Santa Ana, California. I am readily familiar with the firm's practice 0f collection and processing correspondence for mailing. It is deposited with the U.S. Postal Service 0n that same day in the ordinary course 0f business. I am aware that on motion of party served, service is presumed invalid if a postal cancellation date 0r postage meter date is more than one day after date 0f deposit for mailing in affidavit. [ ] BY OVERNIGHT DELIVERY Iauthorized such envelope t0 be delivered t0 an authorized overnight courier or driver authorized to receive documents in an envelope or package with delivery fees paid 0r provided for, addressed to the person 0n Whom it is to be served, at the office address as last given by that person 0n any document filed in the cause and served 0n the party making service; otherwise at that party’s place of residence. I declare under the penalty of perjury under the laws of the State of California, that the foregoing is true and correct. Executed on July 10, 2019, at Santa Ana, California.4% EuMuez -1- PROOF OF SERVICE ATVORNEYOR PARTYWUHOUTAWORNEWMM: S(mhrnumbm andoddrus) RALPH B. NEAL RALPH NEAL 1588 Calm Creek Dr San lose, CA 95127 - EMAIL ADDRSS(w: MLPHNEALZOZQYAHOQCOM ATTORNEY FOR (Namfi: TELEPHONE NO: 408-21 9-1 188 FAXNO(mm: ron count use oNLv.‘ i ELE? SUPERIORCOURTOFQLIFORNIACOUNTYOF Santa Clara STREHADDRm 191 N IS! 9 JUL IO 2039‘ z 0 MAILINGADDRES: 0f the COUfl‘ , crrvmnmcooe Sanjose.95113~ sumo“ ACM‘Y 0' SW0!“ mum NAME DOWNTOWN SUPERIOR COURT B Y ' I DEPUTY MNUFF/Psmlouzn: NEAL CASEwudd?’ owmomrmsspomsm: nasr AMERICAN TnLE INSURANCE 19am9019 Rel. Naw Fla No: PROOF 0F SERVICE 3535871 l, IGLSEY GARRETT, belng duly sworn. depose and say: lam over the age of \8 years and not a pony to ths action. and that within the boundaries of the state where service was efiededl was authorized by law :0 makefiervlce ofzhe docwmnls and Informed said person o! the contents herein Same and Adma: ELECT PORTFOLIO ERVIGNG INC. Branch: 3217 5. DEOGR LAKE DR. WEST VALLEY CITY. UT 84119 Manner of Service: CARMEN BERUMEMCORPRATE PARALEGAUAuthurlzedJul 8, 2019, 1:02 pm PDT Datumem: MOTION FOR PREUMINARY INJUNCTKON, ORDER TO SHOW CAUSE AND OTPER'ANCILLARY REUEF.’ MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION RALPH NEAL As enumerated below ldedare under penalty of perjury (hm the toreplngl: true and correct and that this declaration was exacuud anjuly 8, 2019 Kw,Hu/oér 7-g 20/9 KELsev GARRETT ' ¥ nae ' LEGAL PURSJIT INC. 1 22W.Scbhn suntan SANJOSECA95113 mm-Mfi Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 83 of 311 ATTORNEYORPAKTYWTHOUTHTNNEYMSMMWJMM“ RALPH 8. NEAL RALPHNEAL 1553 CalcoOeekDr San lose. CA 951 27 TELEPHONENO. 409.219.1133 FAXNO (Mama: EMAIL ADDRESS(w RALPl-NEALZOZQYMOO.COM ‘ATTORNEY FOR {Mm}: FOR COURTUSEONLY SJPERIORCWRT OF CALIFORNIA COUNTYOF Sam Cara STREETADORBS: 191 N 13(3 MAILING ADDkESS: CTI'YAND DPCODE: Sanjose, 95113 BRANO'f NAME: DOWNTOWN WERICR COURT of the Court Superb: Cou oi CA Comfy at Bantu Olurl BY DEPUTY Mrmrslpennouat N_EAL CASENUMBHU WIRBPONDENT: nnsr msmcm rm; mammcg 19cv349019 v ‘ Rd. Mao:m um PROOF OF SERVICE 3536892 l, MlOlAEL NASI being duly sworn. depose and say: I am aver the age of18 years‘and no( a party u) this actlon. and mat within t_he'poundarles ofthe . state where service was‘ efiected. I was authodzed by law to make seMce cf :he documents and Informed sald person of the contents herein Senna 8MAm FIN AMEMCAN TITLE INSJRANG COMPANY, Mud: 479$ Ragent mvd MAIL CODE 1011-F. lrvlngTX 75063 Manner oi Sandra: Documents: AND AUTHORITIES DECLARATION RALPH NEAL As enumerated below. KIM HIG-ITOWR @Cl' CORPORATlON-AGENT FOR SMCElAughodzedjulB, 201 9. 12:24 pm PDT MOTION FOR PRELIMINARY INJUNCTION. ORDER TO 910W CAUE AND OTHER'ANGLLARY RELIEF: MEMORANDUM OF POINTS l dedare under penalty ofpedury (hat the bragolng ls true and correct and that thls dedarado’n was executed on July 9. 201 9 Q jultq Qd‘i MICHAELMm lEGALPURSUITINC. 22W.Stjbhn‘5u’eel I B SANJOSECAQMB mmflos BY FAX Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 84 of 311 \DOOflQUl-PUJNH NNNNNNNNNHt-tt-tt-th-tt-tt-tt-tt-th-t OONONUl-PWNHOKOOONONUl-PUJNHO Case 5:20-cv-O7127 Document 1-1 Filed 10/13/20 Page 85 0f 311 WRIGHT, FINLAY & ZAK, LLP Gwen H. Ribar, Esq., SBN 188024 James R. Ramos, Esq., SBN 252916 4665 MacArthur Court, Suite 200 Newport Beach, CA 92660 (Neal II) Telephone: (949) 477-5050; Facsimile: (949) 477-9200 Attorneys for Defendants, Electronically Filed by Superior Court of CA, County of Santa Clara, on 7/16/2019 10:57 AM Reviewed By: F. Miller Case #1 9CV349019 Envelope: 3132252 SELECT PORTFOLIO SERVICING, INC.; and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA6, erroneously sued herein as “U.S. Bank NA, Successor in Interest t0 La Salle Bank, NA as Trustee 0n Behalf of the Holders 0f the WAMU Mortgage Pass Through Certificates Series 2007-OA6”. SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA - CIVIL RALPH B. NEAL, Plaintiffs, VS. FIRST AMERICAN TITLE INSURANCE CO; U.S. BANK NA, SUCCESSOR IN INTEREST TO LA SALLE BANK, NA AS TRUSTEE ON BEHALF OF THE HOLDERS OF THE WAMU MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007-OA6; JP MORGAN CHASE; SELECT PORTFOLIO SERVICING, INC; AND DOES 1-20, inclusive Defendants. Case N0. 19CV3490 1 9 OPPOSITION 0F DEFENDANT SELECT PORTFOLIO SERVICING, INC. T0 PLAINTIFF’S APPLICATION FOR INJUNCTION 7-23-1 9 9:00AM dept. 10 Defendant SELECT PORTFOLIO SERVICING, INC. (“SPS” or “Defendant”) hereby submits the following Opposition t0 the Application for Preliminary Injunction filed by Plaintiff RALPH B. NEAL (“Plaintiff”): I. INTRODUCTION Plaintiff seeks t0 further prolong his free occupancy 0f the subject property by enjoining a foreclosure sale that was initiated for n0 other reason than that Plaintiff’s loan is more than ten years past due. But, the Court should not exercise its equitable discretion in this case, as OPPOSITION TO APPLICATION FOR PRELIMINARY INJUNCTION . Vliller \OOONONUl-PUJNH NNNNNNNNNt-tt-tt-tt-th-tt-tt-tt-tt-th-t OONONUl-PWNHOKOOONONUl-PUJNHO Case 5:20-cv-O7127 Document 1-1 Filed 10/13/20 Page 86 0f 311 Plaintiff cannot possibly satisfy his burden t0 establish the probable validity 0f his claims. After all, he lacks standing under California law t0 challenge the assignment 0f his loan because (1) there has been n0 foreclosure, t0 date; and (2) he has failed t0 allege any actual facts t0 suggest that the loan assignment was, in fact, void. Even if Plaintiff could somehow overcome the obstacle that is standing, the fact remains that his case is not any good anyway. After all, it is built 0n little more than his own self- serving conclusions 0f law. As a result, he cannot even plead a Viable Cause 0f Action, much less establish the probable validity of one. Plaintiff does not deserve t0 have his windfall prolonged. Nonetheless, if the Court is willing t0 accommodate his request for a preliminary injunction, it should d0 so 0n the condition that Plaintiff post a bond that will protect Defendants’ security until Plaintiff’s case is ultimately dismissed. II. STATEMENT OF FACTS On 0r about May 17, 2007, Plaintiff obtained a loan in the amount 0f $1,000,000.00 (the “L0an”) from Washington Mutual Bank, FA, the repayment 0f which was secured by a Deed of Trust recorded against certain real property located at 1588 Calco Creek Drive, San Jose, CA (the “Property”).1 The Loan was ultimately assigned t0 the Trust, as evidenced by an Assignment 0f Deed 0f Trust that was eventually recorded against the Property 0n 0r about November 4, 2010.2 Plaintiff eventually deeded his interest in the Property t0 himself and third party, Edward J. Perales (“Grantee”), by Virtue 0f a California Grant Deed recorded against the Property 0n or about April 19, 2018.3 On 0r about that same date, Grantee and Plaintiff apparently entered into an Option Contract whereby Grantee paid the sum 0f $300 in exchange for the option t0 purchase the Property.4 On May 14, 2018, Grantee filed an action against, inter alia, SPS and the Trust, which sought t0 quiet title t0 the Property 0n the grounds that the Loan was improperly assigned. 1 See Deed of Trust, attached to Request for Judicial Notice filed concurrently herein (“RJN”) as Exhibit “A”. 2 See Assignment 0f Deed of Trust, attached t0 RJN as Exhibit “B”. 3 See California Grant Deed, attached to RJN as Exhibit “C”. 4 See Notice 0f Option Contract for Sale and Purchase, attached to RJN as Exhibit “D”. 2 OPPOSITION TO APPLICATION FOR PRELIMINARY INJUNCTION \OOONONUl-PUJNH NNNNNNNNNt-tt-tt-tt-th-tt-tt-tt-tt-th-t OONONUl-PWNHOKOOONONUl-PWNHO Case 5:20-cv-O7127 Document 1-1 Filed 10/13/20 Page 87 of 311 III. ARGUMENT To obtain a preliminary injunction, Plaintiff bears the burden 0f showing that he has a reasonable probability 0f prevailing 0n the merits 0f his claims, that he has n0 adequate legal remedy, and that he will suffer irreparable injury if the requested injunctive relief does not issue. Robbins v. Superior Court, (1985) 38 Cal.3d 199, 206 (probability 0f success); Thayer Plymouth Center, Inc. v. Chrysler Motors Corp, (1967) 255 Cal. App. 2d 300, 307 (no adequate legal remedy); People ex rel. Gow v. Mitchell Brothers Santa Ana Theater, (1981) 118 Cal. App. 3d 863, 870-71 (irreparable harm). § Plaintiff Has Failed t0 Meet His Burden to Establish the Probable Validitv of His Causes 0f Action. “The general purpose 0f a preliminary injunction is t0 preserve the status quo until the merits 0f the action can be determined.” Christopher v. Jones, (1964) 231 Cal.App. 2d 408, 412. 1. The Entire FAC Lacks Facts Upon Which ReliefMay Be Granted. a. Mere Conclusions 0fLaw Not Suficient. As noted above, it is the moving party whom bears the burden 0f showing the probability 0f success 0f his pending claims. Robbins, supra, 38 Cal.3d at p.206. Plaintiff has failed t0 satisfy his burden t0 show his claims are probably valid. Rather, he has offered up little more than his own self-serving conclusions 0f law which are insufficient t0 even state a Viable Cause 0f Action, much less establish a probability 0f success. Logan v. Southern Cal. Rapid Transit Dist, (1982) 136 Cal.App.3d 116, 126; Ashou v. Liberty Mut. Fire Ins. Ca, (2006) 138 Cal.App.4th 748, 755. Here, each and every claim alleged in the Complaint is based 0n Plaintiffs convenient conclusion that his loan was not properly assigned t0 Defendants and/or that the assignment was robo-signed. However, Plaintiff does not bother t0 support his conjecture with any actual facts.5 Plaintiff’s mere speculation is insufficient. As such, it is not enough t0 warrant the requested injunction. b. PlaintiflLackS Standing t0 Challenge the Loan Assignment Anyway. Standing is typically treated as a threshold issue, in that without it n0 justiciable controversy exists. People v. Superior Crt. (Plascencia), (2002) 103Cal.App.4th 409,420. “As a 3 OPPOSITION TO APPLICATION FOR PRELIMINARY INJUNCTION \OOONONUl-PUJNH NNNNNNNNNt-tt-tt-tt-th-tt-tt-tt-tt-th-t OONONUl-PWNHOKOOONONUl-PWNHO Case 5:20-cv-O7127 Document 1-1 Filed 10/13/20 Page 88 0f 311 general principle, standing t0 invoke the judicial process requires an actual justifiable controversy as t0 which the complainant has a real interest in the ultimate adjudication because he 0r she has either suffered 0r is about t0 suffer an injury...” Holmes v. California Nat. Guard, (2001) 90 Cal.App.4th 297, 3 14-315. “Without standing, there is n0 actual 0r justifiable controversy, and courts will not entertain such cases.” Clijj’ord S. v. Superior Court (1995) 38 Cal.App.4th 747, 751. In California, a wrongful foreclosure plaintiff does have standing t0 “challenge an assignment t0 the foreclosing entity as void.” Yvanova v. New Century Mortgage, (2016) 62 Cal.4th 919, 942-943. However, where the assignment in question would be rendered voidable, the borrower-plaintiff lacks standing t0 wage such a challenge. Saterbak v. JPMorgan Chase Bank, NA. (2016) 245 Ca1.App.4th 808, 815 In California, a borrower lacks the right t0 bring a preemptive judicial action t0 determine whether the foreclosing party was authorized t0 initiate a nonjudicial foreclosure sale. Jenkins v. JP Morgan Chase Bank, N.A., (2013) 216 Cal.App.4th 497, 513; See also Siliga v. Mortgage Electronic Registration Systems, Inc. (2013) 219 Cal.App.4th 75, 82; Kan v. Guild Mortgage Company (2014) 230 Cal.App.4th 736, 749. As specifically recognized by Yvanova, “[t]his aspect 0f Jenkins, disallowing the use of a lawsuit t0 preempt a nonjudicial foreclosure, is not Within the scope 0f [its] review, which is limited t0 a borrower's standing t0 challenge an assignment in an action seeking remedies for wrongfulforeclosure.” Yvanova v. New Century Mortgage Corp. (2016) 62 Cal. 4th 919, 934. (emphasis in original). Rather, the only issue featured in Yvanova was “whether plaintiff should be permitted t0 amend her complaint t0 seek redress, in a wrongful foreclosure count, for the trustee's sale that has already taken place.” Id. In n0 way did Yvanova “address the distinct question 0f Whether, 0r under What circumstances, a borrower may bring an action for injunctive 0r declaratory relief t0 prevent a foreclosure sale from going forward.” Id. In fact, Yvanova went out 0f its way t0 make clear that it did “not hold 0r suggest that a borrower may attempt t0 preempt a threatened nonjudicial foreclosure by a suit questioning the foreclosing party's right t0 proceed.” Id. at 924. Since, by its express words, Yvanova did not address that portion 0f Jenkins Which disallows the use 0f a lawsuit t0 preempt a nonjudicial foreclosure, this specific aspect 0f 5 See Plaintiffs Complaint, in general. 4 OPPOSITION TO APPLICATION FOR PRELIMINARY INJUNCTION \OOONONUl-PUJNH NNNNNNNNNt-tt-tt-tt-th-tt-tt-tt-tt-th-t OONONUl-PWNHOKOOONONUl-PWNHO Case 5:20-cv-O7127 Document 1-1 Filed 10/13/20 Page 89 0f 311 Jenkins remains good law. And, under Jenkins, a borrower simply does not have the right t0 bring such a claim. The very same principle was upheld in Kan, which similarly recognized a critical distinction between pre-foreclosure and post-foreclosure cases. The Court in Kan found that a borrower had n0 right t0 challenge a lender’s authority t0 foreclose under the latter scenario. Because there has been n0 foreclosure, t0 date, Plaintiff lacks standing t0 challenge the loan assignment. Plaintiff’s self-serving conclusions as t0 the securitization 0f the loan and the “robo- signing” 0f various documents are similarly for naught. Allegations 0f unlawful assignments, securitization 0f the promissory note 0r deed 0f trust 0r robo-signing d0 not confer standing 0n a borrower because such defects d0 not suggest that the instruments are void. Mendoza v. JPMorgan Chase, N.A. (2016) 6 Cal.App.5th 802, 815; See also Saterbak v. JPMorgan Chase Bank, N.A. (2016) 245 Cal.App.4th 808, 815; Yhudai v. IMPAC Funding Corp, (2016) 1 Cal.App.5th 1252, 1259; Kan, supra, 230 Cal.App.4th at p.743-744. Thus, it is clear that Plaintiff lacks standing to challenge the loan assignment and that any individual claim based 0n such an attack falls flat. c. PlaintiflMay Not Preempt the Nonjudz'cial Foreclosure Process. The comprehensive legal framework governing nonjudicial foreclosures, found in California Civil Code Sections 2924 - 2924i, was “intended to be exhaustive.” Moeller v. Lien, 25 Cal. App. 4th 822, 834 (1994); see also Homestead Sav. v. Darmiento, 230 Cal. App. 3d 424, 432-433 (1991). “[N]0where does the statute provide for a judicial action t0 determine whether the person initiating the foreclosure process is indeed authorized...” Games v. Countrywide Home Loans, Ina, (2011) 192 Cal.App.4th 1149, 1155. As a result, “California Courts have refused t0 delay the non-judicial foreclosure process by allowing trustor-debtors to pursue preemptive judicial actions t0 challenge the right, power, and authority 0f a foreclosing “beneficiary” 0r beneficiary’s “agent t0 initiate and pursue foreclosure. . .” Debrunner v. Deutsche Bank National Trust C0., (2012) 204 Cal.App.4th 433, 440-442; Games, supra. In Games v. Countrywide, the borrower-plaintiff also sought “t0 impose the additional requirement that [the foreclosing party] demonstrate in court that it is authorized to initiate a foreclosure.” Games v. Countrywide, (2011) 192 Cal.App.4th 1149, 1154, fn.5. But, the Court 5 OPPOSITION TO APPLICATION FOR PRELIMINARY INJUNCTION \OOONONUl-PUJNH NNNNNNNNNt-tt-tt-tt-th-tt-tt-tt-tt-th-t OONONUI-PUJNHOKOOONONUI-PWNHO Case 5:20-cv-O7127 Document 1-1 Filed 10/13/20 Page 90 0f 311 was quick t0 point out that “such a requirement would be inconsistent with the policy behind nonjudicial foreclosure 0f providing a quick, inexpensive and efficient remedy.” Id. The Court in Games even went so far as to hold that “[t]he recognition 0f the right to bring a lawsuit t0 determine a nominee’s authorization t0 proceed With foreclosure 0n behalf 0f the noteholder would fundamentally undermine the nonjudicial nature 0f the process and introduce the possibility 0f lawsuits filed solely for the purpose of delaying valid foreclosures.” Id. at 1155. Plaintiffs case attempts t0 steal a chapter from Gomes’ failed playbook. But, under Games, a borrower may not bring such an action prior t0 the foreclosure sale. As such, each and every one 0f Plaintiff” s individual claims fails. d. Failure t0 Name Indispensable Party. Pursuant t0 CCP §430.10(d), a complaint lacks facts upon which relief maybe granted where the plaintiff has failed t0 properly join the parties. Under CCP §389, an indispensable party is one: 1) whose absence would prevent complete relief from being afforded t0 the parties; 0r 2) who claims an interest in the subject matter 0f the action and Who is so situated that, if he were not joined, disposition 0f the action would impair his ability t0 protect that interest 0r leave the other parties subj ect t0 a substantial risk 0f multiple/inconsistent obligations by reason 0f that claimed interest. Furthermore, where a number 0f persons have an undetermined interest in the same property and one 0f them files suit seeking t0 either recover the whole, fix his purported share, 0r recover a portion claimed by him, all other persons With similar interests are “indispensable parties” t0 said lawsuit. In re Marriage ofRamirez, (201 1) 198 Ca1.App.4‘h 336, 344; Washington Mutual Bank v. Blechman, (2007) 157 Ca1.App.4‘h 662, 667. Grantee is an owner 0f the Property.6 Without his participation in this action, Defendants are at risk 0f facing inconsistent judgments, double recovery, etc. As such, the entire Complaint should be dismissed for the simple reason that Plaintiff has failed to join all indispensable parties. /// /// 6 OPPOSITION TO APPLICATION FOR PRELIMINARY INJUNCTION \OOONONUl-PUJNH NNNNNNNNNt-tt-tt-tt-th-tt-tt-tt-tt-th-t OONONUl-PWNHOKOOONONUl-PWNHO Case 5:20-cv-O7127 Document 1-1 Filed 10/13/20 Page 91 of 311 d. Failure t0 Tender. In order t0 challenge the propriety 0f a foreclosure sale, a plaintiff must first allege a proper tender of the amount owing on his loan. Abdallah v. United Savings Bank, (1996) 43 Cal.App.4th 1101, 1109; United States Cold Storage v. Great Western Savings & Loan Assoc., (1985) 165 Cal.App.3d 1214, 1222; Karlsen v. American Savings & Loan Assoc. (1971) 15 Cal.App.3d 112, 117. The doctrine 0f tender arises from the Court’s desire t0 avoid futility. "Equity Will not interpose its remedial power in the accomplishment 0f What seemingly would be nothing but an idly and expensively futile act." Karlsen, supra at 118. Since the origination 0f the tender requirement, courts have expanded this application beyond equitable causes 0f action t0 include any cause 0f action that is “implicitly integrated” with the allegations 0f an irregular sale. Arnolds Management Corp. v. Eichen, (1984) 158 Cal.App.3d. 575, 579. Each of Plaintiff’s claims appears t0 arise from his conclusion that the foreclosure process was prematurely triggered despite alleged irregularities in the loan assignment.7 Yet, nowhere in the Complaint does Plaintiff allege that he has 0r can tender the full balance owed 0n the subject loan. His failure t0 d0 so renders each such claim defective. 2. The First Cause 0f Action for Cancellation Lacks Merit. Plaintiffs claims for cancellation fails for all 0f the same reasons as his other Causes 0f Action (as discussed herein). 3. The Second Cause 0f Action for “Revocation 0f Assignments Deed 0f Trusts” Lacks Sufficient Facts. a. Plaintiff’s “Holder 0fthe Note” Theory is Without Merit. Plaintiffs claim is borderline unintelligible. Nonetheless, t0 the extent it is based 0n the notion that Defendants were “not the holder”, it fails. As an initial matter, as addressed above, such a conclusion falls short because it is not substantiated by any actual facts. Perhaps more importantly, the Court 0f Appeal has rejected such a conclusion anyway, specifically finding that the comprehensive and exhaustive legislative framework governing nonjudicial foreclosure sales “does not mandate physical possession 0f the underlying promissory note in order for this 6 See Deed of Trust and California Grant Deed, attached to RJN as Exhibits “A” and “C”, respectively. 7 See Plaintiff’s Complaint, in general. 7 OPPOSITION TO APPLICATION FOR PRELIMINARY INJUNCTION \OOONO‘xUl-PUJNH NNNNNNNNNt-tt-tt-tt-th-tt-tt-tt-tt-th-t OONONUI-PUJNHOKOOONONUI-PWNHO Case 5:20-cv-O7127 Document 1-1 Filed 10/13/20 Page 92 of 311 initiation 0f foreclosure t0 be valid.” Debrunner v. Deutsche Bank Nat. Trust C0., (2012) 204 Cal.App.4th 433, 440. As such, any reliance Plaintiff places 0n the speculative conclusion that Defendants were not the note holders is wholly misplaced. Notwithstanding the above, Plaintiff’s Second Cause 0f Action is defective for all 0f the same reasons as his other failed claims. 4. The Third Cause 0f Action for Declaratory Relief Lacks Sufficient Facts. A plaintiff seeking Declaratory Relief must establish a present and actual controversy between the parties. City 0f Cotati v. Cashman (2002) 29 Cal. 4th 69, 80. Whether a claim presents an actual controversy Within the meaning 0f Code 0f Civil Procedure section 1060 is a question 0f law. Environmental Defense Project 0f Sierra County v. County 0f Sierra (2008) 158 Cal.App.4th 877, 885 (emphasis added). a. There is N0 Actual Controversy Warranting Declaratory Relief. “[D]eclarat0ry relief is appropriate only where there is an actual controversy, not simply an abstract 0r academic dispute.” Connerly v. Schwarzenegger (2007) 146 Cal.App.4th 739, 746. A plaintiff seeking declaratory relief must establish “something to show that the controversy is real and not merely illusory, 0r, as section 1060 0f the Code 0f Civil Procedure states, a case “0f actual controversy relating t0 the legal rights and duties of the respective parties.” Loupias v. Rosen (1951) 102 Cal.App.2d 781, 784 (citations). The California Court 0f Appeal has already concluded that allegations such as Plaintiff’s d0 not give rise t0 a genuine controversy since there is nothing in the exhaustive legal framework governing nonjudicial foreclosures which provides for a judicial action to determine whether the person initiating the foreclosure process is indeed authorized. . .” Games v. Countrywide Home Loans, Ina, (2011) 192 Cal.App.4th 1149, 1155. T0 allow otherwise “would be inconsistent With the policy behind nonjudicial foreclosure 0f providing a quick, inexpensive and efficient remedy. . .[and] would fundamentally undermine the nonjudicial nature 0f the process and introduce the possibility 0f lawsuits filed solely for the purpose 0f delaying valid foreclosures.” Id. 8 OPPOSITION TO APPLICATION FOR PRELIMINARY INJUNCTION \OOONONUl-PUJNH NNNNNNNNNt-tt-tt-tt-th-tt-tt-tt-tt-th-t OONONUl-PWNHOKOOONONUl-PWNHO Case 5:20-cv-O7127 Document 1-1 Filed 10/13/20 Page 93 0f 311 Plaintiff’s Declaratory Relief claim is n0 different than the failed claim advanced by the plaintiff in Gomes. But, just as was the case in Gomes, Plaintiff here has failed t0 allege any actual facts suggesting a controversy. Accordingly, this claim lacks merit. C. Plaintiff Should Post a Bond in the Event the Iniunction is Granted. Code 0f Civil Procedure § 529(a) requires a party seeking an injunction t0 post an undertaking in an amount sufficient to “pay t0 the party enjoined such damages. . .as the party may sustain by reason 0f the injunction, if the court finally declared that the applicant was not entitled t0 the injunction.” “Thus, the trial court’s function is t0 estimate the harmful effect which the injunction is likely t0 have 0n the restrained party, and t0 set the undertaking at that sum.” Abba Rubber Company v. Seaquist (1991) 235 Cal.App.3d 1, 14. This requirement is jurisdictional - if the undertaking is not required 0r not given, the injunction is void. Neumann v. Moretti (1905) 146 Cal. 31; Federal Automotive Services v. Lane Buick C0. (1962) 204 Cal.App.2d 689. Plaintiff’s loan is more than ten years past due. If the Court is inclined t0 grant Plaintiff” s request for an injunction, it should at least condition its order 0n Plaintiff bringing the arrearages current plus his continuing regular monthly payments while the injunction is in place. Furthermore, in calculating the amount 0f damage Which may be sustained as a result 0f the issuance 0f an injunction, the Court must consider lost profits and attorney’s fees and expenses through trial. Abba Rubber Ca, supra, 235 CA3d at 15-16. Should the Court be inclined to grant a stay 0f the foreclosure sale 0f the Property, Defendants request that the bond also include the amount 0f the approximate fees 0f $50,000.00 which are expected t0 be incurred over the course 0f a year 0f litigation. /// /// /// /// /// /// 9 OPPOSITION TO APPLICATION FOR PRELIMINARY INJUNCTION H Case 5:20-cv-O7127 Document 1-1 Filed 10/13/20 Page 94 of 311 III.CONCLUSION Based upon the foregoing, Plaintiff’s Application for an Injunction should be denied outright. Nonetheless, if the Court is inclined t0 grant Plaintiff’s Application, it should require Plaintiff t0 at least post a bond payment in the amount needed t0 reinstate the subject loan + \DOONONUl-PUJN NNNNNNNNNt-tt-tt-tt-th-tt-tt-tt-tt-th-t OONONUl-PUJNHOKOOONO‘xm-PUJNHO $50,000.00 (in estimated attorney’s fees through trial) and require that Plaintiff resume making his monthly payments. Dated: July 16, 2019 10 Respectfully submitted, WRIGHT, FINLAY & ZAK, LLP s/James J. Ramos, Esq. Gwen H. Ribar, Esq., James J. Ramos, Esq. Attorneys for Defendants, SELECT PORTFOLIO SERVICING, INC; and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA6. OPPOSITION TO APPLICATION FOR PRELIMINARY INJUNCTION .p KOOONQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 95 of 311 PROOF OF SERVICE I, Gretchen Grant, declare as follows: I am employed in the County of Orange, State of California. I am over the age of eighteen (18) and not a party to the within action. My business address is 4665 MacArthur Court, Suite 200, Newport Beach, California 92660. I am readily familiar with the practices of Wright, Finlay & Zak, LLP, for collection and processing 0f correspondence for mailing with the United States Postal Service. Such correspondence is deposited with the United States Postal Service the same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. On July 16, 2019, I served the within OPPOSITION OF DEFENDANT SELECT PORTFOLIO SERVICING, INC. TO PLAINTIFF’S APPLICATION FOR INJUNCTION 0n all interested parties in this action as follows: [X] by placing [ ] the original [X] a true copy thereof enclosed in sealed envelope(s) addressed as follows: Ralph B. Neal 1588 Calco Creek San Jose, CA 95 127 Tel.: (408) 219-1 188 [] (BY MAIL SERVICE) I placed such envelope(s) for collection to be mailed on this date following ordinary business practices. [X] (BY FEDERAL EXPRESS OVERNIGHT- NEXT DAY DELIVERY) I placed true and correct copies thereof enclosed in a package designated by Federal Express Overnight with the delivery fees provided for. [ ] (BY ONE LEGAL FILE AND SERVE) I caused the above document(s) to be e-served through One Legal File and Serve to the recipient(s) on the above-referenced address and/or attached service list. [X] (STATE) I declare under penalty of perjury under the law of the State of California that the foregoing is true and correct. Executed on July 16, 2019, at Newport Beach, California. s/ Gretchen Grant Gretchen Grant 1 PROOF OF SERVICE \DOOflQUl-PUJNH NNNNNNNNNHt-tt-tt-th-tt-tt-tt-tt-th-t OONONUl-PWNHOKOOONONUl-PUJNHO Case 5:20-cv-O7127 Document 1-1 Filed 10/13/20 Page 96 0f 311 Electronically Filed WRIGHT, FINLAY & ZAK, LLP by superior court of CA, Gwen H. Rlbar, Esq., SBN 188024 County of Santa c|ara James R. Ramos, Esq» SBN 252916 on 7/16/2019 10:57 AM 4665 MacArthur Court, Sulte 200 Reviewed By- F Miller Newport Beach, CA 92660 (Neal II) Case #1 9cv3'49.o1 9 Telephone: (949) 477-5050; Facsimile: (949) 477-9200 Envelope. 3132252 Attorneys for Defendants, SELECT PORTFOLIO SERVICING, INC.; and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA6, erroneously sued herein as “U.S. Bank NA, Successor in Interest t0 La Salle Bank, NA as Trustee 0n Behalf of the Holders 0f the WAMU Mortgage Pass Through Certificates Series 2007-OA6”. SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA - CIVIL RALPH B. NEAL, Case N0. 19CV349019 Plaintiffs, REQUEST FOR JUDICIAL vs. NOTICE 1N SUPPORT 0F SELECT PORTFOLIO FIRST AMERICAN TITLE INSURANCE SERVICING, INCJS CO; U.s. BANK NA, SUCCESSOR IN OPPOSITION T0 INJUNCTION INTEREST To LA SALLE BANK, NA As TRUSTEE 0N BEHALF 0F THE 7'23'19 HOLDERS OF THE WAMU MORTGAGE 9_oosm PASS THROUGH CERTIFICATES SERIES ' 2007-OA6; JP MORGAN CHASE; SELECT Dept 10 PORTFOLIO SERVICING, INC; AND DOES 1-20, inclusive Defendants. TO THIS HONORABLE COURT AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that Defendant SELECT PORTFOLIO SERVICING, INC. (“SPS”) hereby requests, pursuant t0 Evidence Code § 451 and 452, that the Court t0 take judicial notice 0f the following documents that are publicly recorded documents which are put at issue by Plaintiff. 1 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO INJUNCTION . Vliller \OOONONUl-PUJNH NNNNNNNNNt-tt-tt-tt-th-tt-tt-tt-tt-th-t OONONUl-PUJNHOKOOONONUl-PUJNHO Case 5:20-cv-O7127 Document 1-1 Filed 10/13/20 Page 97 of 311 1. Deed 0f Trust recorded May 25, 2007, in the Santa Clara County Recorder’s Office bearing instrument number 19444945, a true and correct copy 0f which is attached hereto as Exhibit “A.” 2. Assignment 0f Deed 0f Trust recorded November 4, 2010, in the Santa Clara County Recorder’s Office bearing instrument number 20942766, a true and correct copy 0f which is attached hereto as Exhibit “B.” 3. California Grant Deed recorded April 19, 2018, in the Santa Clara County Recorder’s Office bearing instrument number 23914091, a true and correct copy 0f which is attached hereto as Exhibit “C.” 4. Notice 0f Option Contract for Sale and Purchase recorded April 19, 2018, in the Santa Clara County Recorder’s Office bearing instrument number 23914092, a true and correct copy 0fWhich is attached hereto as Exhibit “D.” Respectfully submitted, WRIGHT, FINLAY & ZAK, LLP Dated: July 16, 2019 By: s/James J. Ramos, Esq. Gwen H. Ribar, Esq., James J. Ramos, Esq., Attorneys for Defendants, SELECT PORTFOLIO SERVICING, INC.; and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA6. 2 REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF OPPOSITION TO INJUNCTION EXHIBIT "A" I “A” Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 98 of 311 Pages: 24 REGINA ALCOMENDRAS SANTA CLARA COUNTY RECORDER Recorded at the request of Chicago Title 78.00 RDE # 003 5/25/2007 8:00 AM 78.00 DOCUMENT: 19444945 Fees . Taxes . Copies.. AMT PAID II II II II RECORDING REQUESTED BY: Chicago Title Company CAA q 40,5WO WHEN RECORDED MAIL DOCUMENT AND TAX STATEMENT TO: Washington Mutual Bank, FA 2210 Enterprise Drive Florence, SC 29501 DOC OPS M/S FSCE 440 Escrow No.: 07-98405860-MD Locate No.: CAC117743-7743-2984-0098405860 Title No.: 07-98405860-LD SPACE ABOVE THIS UNE FOR RECORDER'S USE Deed of Trust MAIL TAX STATEMENTS AS DIRECTED ABOVE THIS PAGE ADDED TO PROVIDE ADEQUATE SPACE FOR RECORDING INFORMATION (Additional recording fee applies) (recoversc)(02-06) Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 99 of 311 Recording Requested By: WASHINGTON MUTUAL BANK FA Return To: WASHINGTON MUTUAL BANK FA 2210 ENTERPRISE DR FLORENCE, SC 29501 DOC OPS M/S FSCE 440 Prepared By: LESLIE WENTLAND [Space Above This Line For Recording Data] ZCA1 M39 DEED OF TRUST 3013871072-202 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated MAY 17, 2007 together with all Riders to this document. (B) "Borrower" is RALPH NEAL , AN UNMARR I ED MAN Borrower's address is 1588 CALCO CREEK DRIVE, SAN JOSE, CA 95127 . Borrower is the trustor under this Security Instrument. (C) "Lender" is WASHINGTON MUTUAL BANK, FA Lender is a FEDERAL SAVINGS BANK organized and existing under the laws of THE UN I TED STATES OF AMER I CA CALIFORNIA - Single Family - Fariie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3005 1/01 iZZio"." 16(CM (0207) Paso 1 of 15 Initials: VW MORTGAGE FORMS - (8001521 7 111111111111 111M Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 100 of 311 Lender's address is 2273 N. GREEN VALLEY PARKWAY, SUITE 14, HENDERSON , NV 89014 Lender is the beneficiary under this Security Instrument. (D) "Trustee" is CAL I FORN IA RECONVEYANCE COMPANY , A CAL I FORN IA CORP (E) "Note" means the promissory note signed by Borrower and dated MAY 17, 2007 The Note states that Borrower owes Lender ONE MILL ION AND 00 / 100 Dollars (U.S. $ 1,0 00 ,000 .00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JUNE 01 , 2037 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable): Adjustable Rate Rider n Condominium Rider 17 Second Home Rider Balloon Rider 7 Planned Unit Development Rider 7 Other(s) [specify] IT 1-4 Family Rider 7 Biweekly Payment Rider (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to 11 requirements and X 44-8(CA) (020n page 2 of 15 Initials. Foam 3005 1/01 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 101 of 311 Initial restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY of SANTA CLARA (Type of Recording Jurisdiction/ [Name of Recording Jurisdiction] THE LEGAL DESCRIPTION IS ATTACHED HERETO AS A SEPARATE EXHIBIT AND IS MADE A PART HEREOF. : Parcel ID Number: which currently has the address of 1588 CALCO CREEK DRIVE (Street) SAN JOSE (City). California 95 127 [zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: I. Payment of Principal, Interest, Escrow Items, Prepayme Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, e d7 it evidenced by the Page 3 of 15 C4,-6(CA) (0207) Form 3005 1/01 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 102 of 311 Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordan e with the provisions of Section 10. These items are called "Escrow Items." At origination a any time during the 0:4-6(CA) (0207) Page 4 of 15 Initials: Form 3005 1/01 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 103 of 311 term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Associ tion Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, er shall pay them in the manner provided in Section 3. Initials: 0:4-6(CA) CO 2071 Pepe 5 ,f 15 Form 3005 1/01 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 104 of 311 Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee and Borrower further agrees to generally assign rights to insurance proceeds to the holder of the Note up to the amount of the outstanding loan balance. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee and Borrower further agrees to generally assign rights to insurance proceeds ,o the holder of the Note up to the amount of the outstanding loan balance. In 14-6(CA) anon Pass 6 of 15 Form 3005 1/01 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 105 of 311 In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. Initials: 14-6(CA) (0207) P. 7 of 15 Form 3005 1/01 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 106 of 311 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Under requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Initials: CA-61CA) (0207) Pogo 8 of 16 Form 3005 1/01 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 107 of 311 Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance, Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. II. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the P operty in which the fair market value of the Property immediately before the partial taking, dest ction, or loss in value is less than the amount of the sums secured immediately before the p king, destruction, or 4 rta-6(CM (0207) pogo 171 of 15 In Form 3005 1/01 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 108 of 311 loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall b reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sum 1ready collected from Borrower which exceeded permitted limits will be refunded to Borrowf. J.ender may choose to (Z:4-6(0A) (0207) Pogo 10 of 15 Initials: Form 3005 1/01 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 109 of 311 Initials. make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (9)pas all expenses incurred Page 11 of 15 4 4-6(CA) (0207) Form 3005 1/01 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 110 of 311 in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any iv- tigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or 4vte party involving the Property and any Hazardous Substance or Environmental Law of Borrower has actual Initials: 114-6(CA) (0207) Palish 12 of 15 Form 3005 1/01 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 111 of 311 knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property. The notice shall further inform Borrower of the right to reinstate after acceleration and the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale. If the default is not cured on or before the date specified in the notice, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' fees and costs of title evidence. If Lender invokes the power of sale, Lender shall execute or cause Trustee to execute a written notice of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee shall cause this notice to be recorded in each county in which any part of the Property is located. Lender or Trustee shall mail copies of the notice as prescribed by Applicable Law to Borrower and to the other persons prescribed by Applicable Law. Trustee shall give public notice of sale to the persons and in the manner prescribed by Applicable Law. After the time required by Applicable Law, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under the terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of all or any parcel of the Property by public announcement at the time and place of any previously scheduled sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima facie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it. 23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and all notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Lender may charge such person or persons a reasonable fee for reconveying the Property, but only if the fee is paid to a third party (such as the Trustee) for services rendered and the charging of the fee is permitted under Applicable Law. If the fee charged does not exceed the fee set by Applicable Law, the fee is conclusively presumed to be reasonable. 24. Substitute Trustee. Lender, at its option, may from time to time appoint a successor trustee to any Trustee appointed hereunder by an instrument executed and acknowledged by Lender and recorded in the office of the Recorder of the county in which the Pr perty is located. The instrument shall contain the name of the original Lender, Trustee and Bqfrojrer, the book and page where this Security Instrument is recorded and the name and addr the successor trustee. 0:4-6(CA) (0207) Page 13 of 15 Form 3005 1/01 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 112 of 311 (Seal) -Borrower RALPH EAL (Seal) -Borrower ZCA2 Without conveyance of the Property, the successor trustee shall succeed to all the title, powers and duties conferred upon the Trustee herein and by Applicable Law. This procedure for substitution of trustee shall govern to the exclusion of all other provisions for substitution. 25. Statement or Obligation Fee. Lender may collect a fee not to exceed the maximum amount permitted by Applicable Law for furnishing the statement of obligation as provided by Section 2943 of the Civil Code of California. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) -Borrower -Borrower crt -6(CA) (020 71 Form 3005 1/01 P. 14 of 15 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 113 of 311 State of California County of SANTA CLARA SS. f! e" CA/1k A./Df RLI t( personally appeared On IF -0-1 before me, RALPH NEAL personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are su ibed to the within instrument and acknowledged to me that he/she/they executed the same i his eritheir authorized capacity(ies), and that by his/her/their signature(s) on the instrument t person(s) or the entity/upon behalf of which the person(s) acted, executed the instrument. 5's\)km WITNESS my hand and official seal. (Seal) COMM. #1663853 NOTARY PUBLIC -CALIFORNIA 3 SANTA CLARA COU My Comm. Exp. May 30, 2010 NTY 1=4-6(CA) (0207) Paso 15 of 15 Form 3005 1/01 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 114 of 311 Escrow No.: 07-98405860-MD Locate No.: CACR7743-7743-2984-0098405860 Title No.: 07-98405860-1D EXHIBIT "A" THE LAND REFERRED TO HEREIN BELOW IS SMJATED IN THE CITY OF SAN JOSE, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, AND IS DESCRIBED AS FOLLOWS: Lot 13, as shown on that certain Map entitled 'Tract No. 8453 which Map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, on August 14, 1997 in Book 692 of Maps at page(s) 43 through 46. Excepting therefrom the underground water or rights thereto with no rights of surface entry, as granted to San lose Water Works, a California Corporation, by instrument, recorded February 26, 1999 under Recorder's Serial Number 14677625. Exhibit Page - Legat(exhibit)(8-02) Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 115 of 311 LGLD 3013571072-202 LEGAL DESCRIPTION THE LEGAL DESCRIPTION IS ATTACHED HERETO AS A SEPARATE EXHIBIT AND IS MADE A PART HEREOF. 6 I I Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 116 of 311 RMTA 3013671072-202 M39 ADJUSTABLE RATE RIDER (12-MTA Index - Payment and Rate Caps) 3013671072 THIS ADJUSTABLE RATE RIDER is made this 17TH day of MAY. 2007 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to WASHINGTON MUTIJAI RANK FA (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 1588 CALCO CREEK DRIVE, SAN JOSE, CA 95127 (PROPERTY ADDRESS) THIS RIDER CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. MY MONTHLY PAYMENT INCREASES WILL HAVE LIMITS WHICH COULD RESULT IN THE PRINCIPAL AMOUNT I MUST REPAY BEING LARGER THAN THE AMOUNT I ORIGINALLY BORROWED, BUT NOT MORE THAN 115% OF THE ORIGINAL AMOUNT (OR $ 1,150,000.00 ). MY INTEREST RATE CAN NEVER EXCEED THE LIMIT STATED IN THE NOTE AND RIDER. A BALLOON PAYMENT MAY BE DUE AT MATURITY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES Interest will be charged on unpaid Principal until the full amount of Principal has been paid. Up until the first day of the calendar month that immediately precedes the first payment due date set forth in Section 3 of the Note, I will pay interest at a yearly rate of 8 . 229 To. Thereafter until the first Change Date (as defined in Section 4 of the Note) I will pay interest at a yearly rate of 1. 925 %. The interest rate I will pay will thereafter change in accordance with Section 4 of the Note. 32843(11-01) Page 1 of 8 LROO2USA (VERSION 1.0) Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 117 of 311 30 13671072 Section 4 of the Note providesforchanges in the interest rate and monthly payment as follows: 4. INTERESTRATEANDMONTHLYPAYMENTCHANGES (A) Change Dates The interest rate I will pay may change on the 1ST day of JuLV, 2007 , and on that day every month thereafter. Each such day is called a "Change Date". (B) The Index On each Change Date, my interest rate will be based on an Index. The "Index" is the Twelve- Month Average, determined as set forth below, of the annual yields on actively traded United States Treasury Securities adjusted to a constant maturity of one year as published by the Federal Reserve Board in the Federal Reserve Statistical Release entitled "Selected Interest Rates (H.15)" (the "Monthly Yields"). The Twelve-Month Average is determined by adding together the Monthly Yields for the most recently available twelve months and dividing by 12. The most recent Index figure available as of the date 15 days before each Change Date is called the "Current Index". If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. (C) Interest Rate Change Before each Change Date, the Note Holder will calculate my new interest rate by adding THREE AND 20/100 percentage points 3 .200 % ("Margin") to Current Index. The Note Holder will then round the result of this addition to the nearest one thousandth of one percentage point (0.001%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. In the event a new Index is selected, pursuant to paragraph 4(B), a new Margin will be determined. The new Margin will be the difference between the average of the old Index for the most recent three year period which ends on the last date the Index was available plus the Margin on the last date the old Index was available and the average of the new Index for the most recent three year period which ends on that date (or if not available for such three year period, for such time as it is available). The difference will be rounded to the next higher 1/8 of 1%. (D) Interest Rate Limit My interest rate will never be greater than 10 .750 % ("Cap"), except that following any sale or transfer of the property which secures repayment of this Note after the first interest rate Change Date, the maximum interest rate will be the higher of the Cap or 5 percentage points greater than the interest rate in effect at the time of such sale or transfer. (E) Payment Change Dates Effective every year commencing JULY 01, 2008 , and on the Same date each twelfth month thereafter ("Payment Change Date"), the Note Holder will determine the 32843 (11-01) Page 2 of 6 LRDO2USB (VERSION 1.0) Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 118 of 311 3013671072 amount of the monthly payment that would be sufficient to repay the projected Principal balance I am expected to owe as of the Payment Change Date in full on the maturity date at the interest rate in effect 45 days prior to the Payment Change Date in substantially equal payments. The result of this calculation is the new amount of my monthly payment, subject to Section 4(F) below, and I will make payments in the new amount until the next Payment Change Date unless my payments are changed earlier under Section 4(H) of the Note. (F) Monthly Payment Limitations Unless Section 4(H) and 4(1) below apply, the amount of my new monthly payment, beginning with a Payment Change Date, will be limited to 7 1/2% more or less than the amount I have been paying. This payment cap applies only to the Principal Payment and does not apply to any escrow payments Lender may require under the Security Instrument. (G) Changes in My Unpaid Principal Due to Negative Amortization or Accelerated Amortization Since my payment amount changes less frequently than the interest rate and since the monthly payment is subject to the payment limitations described in Section 4(F), my monthly payment could be less or greater than the amount of the interest portion of the monthly payment that would be sufficient to repay the unpaid Principal I owe at the monthly payment date in full on the maturity date in substantially equal payments. For each month that the monthly payment is less than the interest portion, the Note Holder will subtract the monthly payment from the amount of the interest portion and will add the difference to my unpaid Principal, and interest will accrue on the amount of this difference at the current interest rate. For each month that the monthly payment is greater than the interest portion, the Note Holder will apply the excess towards a Principal reduction of the Note. (H) Limit on My Unpaid Principal; Increased Monthly Payment My unpaid Principal can never exceed a maximum amount equal to 115% of the principal amount original borrowed. In the event my unpaid Principal would otherwise exceed that 115% limitation, I will begin paying a new monthly payment until the next Payment Change Date notwithstanding the 7 1/2% annual payment increase limitation. The new monthly payment will be an amount which would be sufficient to repay my then unpaid principal in full on the maturity date at my interest rate in effect the month prior to the payment due date in substantially equal payments. (I) Required Full Monthly Payment On the F I FTH anniversary of the due date of the first monthly payment, and on that same day every F I FTH year thereafter, the monthly payment will be adjusted without regard to the payment cap limitation in Section 4(F). (J) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given me and also the title and telephone number of a person who will answer any questions I may have regarding the notice. 32843 (11-01) Page 3 of 8 LRDO2USC (VERSION 1.0) Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 119 of 311 RMT2 3013571072 (K) Failure to Make Adjustments If for any reason Note Holder fails to make an adjustment to the interest rate or payment amount as described in this Note, regardless of any notice requirement, I agree that Note Holder may, upon discovery of such failure, then make the adjustment as if they had been made on time. I also agree not to hold Note Holder responsible for any damages to me which may result from Note Holders failure to make the adjustment and to let the Note Holder, at its option, apply any excess monies which I may have paid to partial prepayment of unpaid "Principal." B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Section 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any interest in the Property is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lenders prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; (b) Lender reasonably determines that Lenders security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Agreement or other obligations related to the Note or other loan document is acceptable to Lender, (c) Assuming party executes Assumption Agreement acceptable to Lender at its sole choice and discretion, which Agreement may include an increase to Cap as set forth below and (d) payment of Assumption Fee if requested by Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lenders consent to the loan assumption, and Lender may increase the maximum interest rate limit to the higher of the Cap or 5 percentage points greater than the interest rate in effect at the time of the transfer. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender has entered into a written assumption agreement with transferee and formally releases Borrower. 32843 (11-01) Page 4 of 0 LRDO2USD (VERSION 1.0) 1 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 120 of 311 3013671072 If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 1 32843(11-01) Page 6 of 6 LRDO2USE (VERSION 1.0) Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 121 of 311 RALPH EA 3013671072 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. Borrower agrees to execute any document necessary to reform this Agreem t to accurately reflect the t s of the Agreement between Borrower and Beneficiary or if the °rig( I Note, Trust De or othe ocument is lost, mutilated or destroyed. 32843 (11-01) Page 6 of 6 LRDO2USF (VERSION 1.0) Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 122 of 311 EXHIBIT "B" I “B” Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 123 of 311 DATE: November 03, 2010 JPMorgan ase Bank, tional Association, successor in interest to WASHINGTON MUTUAL BANK Coll 7 rby, fficer DOCUMENT: 20942766 Pages: 2 RECORDING REQUESTED BY CALIFORNIA RECONVEYANCE COMPANY AND WHEN RECORDED MAIL TO CALIFORNIA RECONVEYANCE COMPANY 9200 Oakdale Avenue Mail Stop: CA2-4379 Chatsworth, CA 91311 Fees .. Taxes . Copies. AMT PAID 21 00 REGINA ALCOMENDRAS RDE # 008 SANTA CLARA COUNTY RECORDER 11/04/2010 Recorded at the request of 10:26 AM Recording Service II Oil VI 11 II II 21.00 Space above this line for recorder's use only Trustee Sale No. 744613CA Loan No. 3013671072 Title Order No. 100669979-CA-MAI IMPORTANT NOTICE NOTE: After having been recorded, this Assignment should be kept with the Note and the Deed of Trust hereby assigned. ASSIGNMENT OF DEED OF TRUST FOR VALUE RECEIVED, the undersigned hereby grants, assigns and transfers to Bank of America, National Association successor by merger to LaSalle Bank NA as trustee for WaMu Mortgage Pass- Through Certificates Series 2007-0A6 Trust all beneficial interest under that certain Deed of Trust dated 05-17-2007, executed by RALPH NEAL, AN UNMARRIED MAN, as Trustor; to CALIFORNIA RECONVEYANCE COMPANY as Trustee; and Recorded 05-25-2007, Book NA, Page NA, Instrument 19444945 of official records in the Office of the County Recorder of SANTA CLARA County, California. APN: 612-70-007 Situs: 1588 CALCO CREEK DRIVE„ SAN JOSE, CA 95127 TOGETHER with the note or notes therein described and secured thereby, the money due and to become due thereon, with interest, and all rights accrued or to accrue under said Deed of Trust including the right to have reconveyed, in whole or in part, the real property described therein. FA MERGE.DOC Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 124 of 311 Trustee Sale No. 744613CA Loan No. 3013671072 Title Order No. 100669979-CA-MAI STATE OF CALIFORNIA COUNTY OF LOS ANGELES On November 03, 2010 before me, C. LUCAS, "Notary Public", personally appeared Colleen Irby, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) C. LUCAS Commission # 1821933 Notary Public - California z Los Angeles County - My Comm. Expires Nov 9, 2012 2 FA_MERGE.DOC Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 125 of 311 EXHIBIT "C" I “C” Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 126 of 311 , state of California: 7-eg•e-:t 1/14(ege,,LA042"-- (Pls see attached "Exhibit A") Date: 4/13/018 Date: State of Cou ty of ) ss: 1688 Calco Creek Drive, San Jose, California 95127 On 19 be personally appeared upon satisfactoty evidence acknowledged that (s) on behalf of which I S . me e the person(s) whose ey executed the same h ey acted, executethe inst ure of Notary ))oe \ Recording requested by: Ralph B. Neal 1568 Calco Creek Drive San Jose, Ca 95127 and when recorded, please return this deed and tax statements to: Edward J.Pe rales 1588 Calco Creek Drive San Jose. Ca • 95127 23914091 Regina Alcomendras Santa Clara County - Clerk-Recorder 04/19/2018 03:31 PM Titles: 1 Pages: 3 Fees: 146.00 Taxes: 1650.00 Total: 1696.00 1111 Irdrilt 07:dArleil ki/Mi id 11111 For recorder's use only California Grant Deed [X[ This transfer is exempt from the documentary transfer tax SJ CONV TAX $ g 0 [)(]The documentary transfer tax is _LO and is computed on: [ 1 the full value of the interest in the property conveyed [ ] the full value less the value of liens of encumbrances remaining at the time of sale The property is located in an V] unincorporated area. >6 the city of SanJose For a valuable consideration, receipt of which is hereby acknowledged, Ralph B. Neal hereby grant(s) to, Edward J. Perales, single, and Ralph Neal, single, as tenants in common the following real property in the City of San Jose , County of Santa Clara , a notary public in and for said state , personally known to me (or proved to me based • e(s) are subscribed to the within instrument and er/their signature on the instrument the person(s) or entity Si NOTARY SEAL Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 127 of 311 DOC #23914091 Page 2 of 3 EKEITBIT "A" The land referred to is situated in the State of California, County of Santa Clara, City of San Jose. and is described as follows LOT 13, OF TRACT NO. 6453 AS PER NAP RECORDED AUGUST 14, 1997 IN ROOK 692 OF NAPE, AT PAGES 43 THROUGH 46, SANTA CLARA COUNTY RECORDS. EXCEPTING THEREFROM the underground water or rights thereto with no rights of surface entry, as granted to San Jose Water Coppany, recorded February 26th, 1999 under 'Recorder's Serial Number 14677626. 612-70-007 41247 FP/NV/CP T 692-43-13 7-3D-97 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 128 of 311 Ai8D cf./ e Insert Name and Titl of the Offic DOC #23914091 Page 3 of 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 . ai.V.,-17, Vt. ..171,61, -WC'S., ON A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of Caln 4.41._ County of On c-41/13/02.018 Date personally appeared .1.• before me, 41( .0" Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacityfies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL-TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal. Signature / Sig of Notary Public Place Notary Seal Above OPTIONAL Though this section Is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached DOCUM at Title or Type of Docurcent Document Date: -04 13/ Signer(s) Other Than Named Above: Capacityges) Signer's Name: id 0 • kjelajL CAV icality Sigrker(s) 0 Corporate Officer - Inle(s): 0 Partner - U Limited 0 General ,12-tfidividual 0 Attorney In Fact 0 Trustee 0 Guardian or Conservator Other: Signer Is Representing- Signer's Name: &fi.v124dV. F?4,1giztA2 0 Corporate Officer - 0 Partner 0 Limited 0 General El Attorney in Fact 0 Trustee 0 Guardian or Conservator El Other Signer Is Representing: romarKabAbwmwebrapIrdwdi • 01.11WAR5LitiA GUADA0111 !Nitta. Conim. -No. 2120155 2. -a. co NOTARY Ft= -CAUFORNIA co •0 a SNOACLARACOUNTY ••• _My_Corril2Biliel_ .10/220_18 1 Number of Pages: a_ . a*" a'erse, -a, -a, .ev ee d e, e•G‘a, ee iv evo,so a‘ • se 4, • 02015 National Notary Association • www.11ationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 129 of 311 EXHIBIT "D" I “D” Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 130 of 311 23914092 Regina Alcomendras Santa Clara County - Clerk-Recorder 04/19/2018 03:31 PM Titles: 1 Pages: 5 Fees: 1117.00 Taxes: 0 Total: 117.00 liiiMIMI:4 PC nil UM liMiNfitiLii III III Recording Requested by: Ralph Neal 1588 Calco Creek Drive San Jose, CA 95127 And when recorded, please return to: • Edward J. Perales 1588 Calco Creek Drive San Jose, CA 95127 NOTICE OF OPTION 'CONTRACT FOR SALE AND PURCHASE This NOTICE OF OPTION CONTRACT FOR SALE'AND PURCHASE (the "Notice") is made, executed by and between: Seller/Optionor and Buyer/Purcahser/Optionee Ralph B. Neal Edward. J. Perales Single, as his sole property Single, as his sole property The Seller and Buyer give notice that an Option contract for Sales and Purchase was executed between parties on April 5, 2018 , simultaneous with this Notice on the following real property ("Property".) Property Address: 1588 Calco Creek City, State, Zip: San Jose, California , 95127 The Option Contract for Sale and Purchase miy be executed anytime on or before the April 30 2020 through the normal real estate procedures and laws in the State of California. P.1 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 131 of 311 DOC #23914092 Page 2 of 5 The Consideration for this Option Contract is : Three hundred dollars WOO), to be paid by Optionee to the Optionor upon execution of this Option Agreement. The Option Contract may be terminated early prior to the term of this Option by execution of a Notice of Release or any similar document, duly signed by Buyer/Optionee and to be recorded at the Santa Clara County Recorder, in which case will forfeit the option consideration. Other provisions are as follow: A. The property is being sold "As is" with regard to the physical condition of any improvements. Seller is giving no warranties to the BUYER. B. SELLER has good marketable fee simple to the Property, free and clear of liens, encumbrances and restrictions, except fo those restrictions appearing of record. Taxes for the year of closing, encumbrances that will be cleared prior to closing, and encumbrances that will be cleared at the closing out of the SELLER's proceeds from the Purchase Price. C. There are no service contracts or agreements relating to the operation, maintenance or security of the property under which the SELLER is bound and which will survive the closing. D. Should there be pending condemnations or similar proceedings affecting any part of the property, SELLER shall make every effort to clear such proceeding on or before the Closing date. E. The SELLER is not subject to any commitment, obligation, or agreement, including but not limited to any right of first refusal or option to purchase, granted to a third party, which would or could prevent the SELLER from completing the sale of the Property as Contemplated by this Agreement. F. Both SELLER and BUYER understand that this transaction may be a short sale and is contingent upon acceptance of short payments to current and proper lien holders acceptable to BUYER and that SELLER will receive no funds at closing. G. SELLER hereby grants the BUYER and or other representatives all of the necessary rights to list for sale, market , negotiate and enter into a contract to lease or sell the property through this option contract or otherwise, subsequently to a third party for p.2 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 132 of 311 EDWARD J Single to purchase as sole property SELLER g BUYER/PURCHASE RALPH B. AL Single, as his sole property DOC #23914092 Page 3 of 5 •-■; investment profit. All documentations in connection with the foregoing will be made available at the request of all Lenders, Sellers, and Buyers involved in the transaction. IN WITNESS WHEREOF, the parties have executed this NOTICE OF OPTION CONTRACT FOR SALE AND PURCHASE as of the date first written above. Date: April A2018 Place: San Jose, CA See: "Exhibit A" (Legal Description) attached hereto and made integral part hereof P-3 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 133 of 311 DOC #23914092 Page 4 of 5 , • EXHIBIT The land referred to is situated in the State of California, County of Santa Clara, City of San Jose, and is described as follows: LOT 13, OF TRACT NO. 8453 AS PER MAP RECORDED AUGUST 14, 1997 IN BOOR 692 OF MAPS, AT PAGES 43 THROUGH 46, SANTA CLARA COUNTY RECORDS. EXCEPTING THEREFROM the underground water or rights thereto with no rights of surface entry, as granted to San &me Water Company, recorded February 26th, 1999 under .ftecorder's Serial Number 14677625. 612-70-007 4:1247 Fp/NV/CP T 692-43-13 7-30-97 : Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 134 of 311 s• '• • ,,, DMA CALM GUADAUFFE.COARA . tSi Comm. No. 2120155 al N*4:1, NOTARY PUBUC -CALIFORNIA PZ BANTA CLARA COUNTY • lay Catlin Flpire3 JO V. 2D113 DOC #23914092 Page 5 of 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT OWL CODE § 1189 A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document State of California ) County of -40.4i7 i., (izt4.0._ ) On ./// 3/209 before me, "b..4,14 C Scdrthere 61*--4-Meti . Date ,... s1 Here Insert Name an rtle of th ;Officer 8 - 04V aid g'oic4/4441/ J. Pizzah-a personally appeared k Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and icknowledged to me that he/she/they executed the same In his/her/their authorized capacity(les), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. (5 Signatur 0° iee Agtg S" ature of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this Information can deter alteration of the document or fraudulent reattachment of this form to an unintended document Description of Attacheci Dpoument Trtle or Type of Document 1 \101iLe Oc- Of4Olo COitty44- S:k(e.. ow/ Pliee,4402-- Document Date: -13-- Zote Number of Pages: Signer(s) Other Than Named Above: ------ Capacity(les) lined SITUes Signer's Name: 0 Corporate Officer - ttle(s): 0 Partner - 0 Limited 0 General Jatridividual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other. Signer Is Representing: Signer's Name: Ectuogni PailaiA4 0 Corporate Officer - Title(s): 0 Partner - 0 Limited 0 General fndivlduaš 0 Attorney in Fact DTrustee 0 Guardian or Conservator 0 Other: Signer Is Representing: ••■■■•• NgiCt;=;WZOM1 .1,/ ft./. a/ 0, CI as, G.,,,te • te a.o:aser ettl •ce a, -e.f.z.ate e, ©2015 National Notary Association - www.NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 135 of 311 .p KOOONQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 136 of 311 PROOF OF SERVICE I, Gretchen Grant, declare as follows: I am employed in the County of Orange, State of California. I am over the age of eighteen (18) and not a party to the within action. My business address is 4665 MacArthur Court, Suite 200, Newport Beach, California 92660. I am readily familiar with the practices of Wright, Finlay & Zak, LLP, for collection and processing 0f correspondence for mailing with the United States Postal Service. Such correspondence is deposited with the United States Postal Service the same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. On July 16, 2019, I served the Within REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF SELECT PORTFOLIO SERVICING, INC.’S OPPOSITION TO INJUNCTION on all interested parties in this action as follows: [X] by placing [ ] the original [X] a true copy thereof enclosed in sealed envelope(s) addressed as follows: Ralph B. Neal 1588 Calco Creek San Jose, CA 95 127 Tel.: (408) 219-1 188 [] (BY MAIL SERVICE) I placed such envelope(s) for collection to be mailed on this date following ordinary business practices. [X] (BY FEDERAL EXPRESS OVERNIGHT- NEXT DAY DELIVERY) I placed true and correct copies thereof enclosed in a package designated by Federal Express Overnight with the delivery fees provided for. [ ] (BY ONE LEGAL FILE AND SERVE) I caused the above document(s) to be e-served through One Legal File and Serve to the recipient(s) on the above-referenced address and/or attached service list. [X] (STATE) I declare under penalty of perjury under the law of the State of California that the foregoing is true and correct. Executed on July 16, 2019, at Newport Beach, California. s/ Gretchen Grant Gretchen Grant 1 PROOF OF SERVICE \OOOQQUI-RUJNr-t NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI-bUJNr-‘Okoooflom-hUJNr-O Case 5:20-cv-07127 Documgfifafig-éfiifiilgd 10/13/20 Page 137 of 311 Electronically Filed WRIGHT, FINLAY & ZAK, LLP . Gwen H. Ribar, Esq, SBN 188024 gifxtgegfgacniggfaiac'o" James R. Ramos, Esq., SBN 252916 on 7/1 8/2019 10:40 AM’ 4665 MaCArthur court’ sum 200 Reviewed By: L. Quach-Marcell. Newport Beach, CA 92660 (Neal II) Case #1 9CV34901 9 Telephone: (949) 477-5050; Facsimile: (949) 477-9200 Envelope: 31 44939 Attorneys for Defendants, SELECT PORTFOLIO SERVICING, INC.; and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA6, erroneously sued herein as “U.S. Bank NA, Successor in Interest to La Salle Bank, NA as Trustee 0n Behalf 0f the Holders of the WAMU Mortgage Pass Through Certificates Series 2007-OA6”. SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA - CIVIL RALPH B. NEAL, Case N0. 19CV349019 Plaintiffs, NOTICE OF DEMURRER AND vs. DEMURRER OF DEFENDANTS SELECT PORTFOLIO SERVICING, FIRST AMERICAN TITLE INSURANCE INC. and US BANK NA, SUCCESSOR CO; U.S. BANK NA, SUCCESSOR IN TRUSTEE TO PLAINTIFF’S INTEREST TO LA SALLE BANK, NA AS COMPLAINT; MEMORANDUM OF TRUSTEE ON BEHALF OF THE POINTS AND AUTHORITIES IN HOLDERS OF THE WAMU MORTGAGE SUPPORT THEREOF PASS THROUGH CERTIFICATES SERIES 2007-OA6; JP MORGAN CHASE; SELECT Hearing: PORTFOLIO SERVICING, INC; AND Date: November 7, 2019 DOES 1-20, inclusive Time: 9:00 am. Dept: 9 (Judge Arand) Defendants. [Filed concurrently with Declaration; Requestfor Judicial Notice] TO THIS HONORABLE COURT AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on November 7, 2019 at 9:00 am. in Department 9 of the above-captioned Court, located at 191 N. First Street, San Jose, California, 95113, Defendants SELECT PORTFOLIO SERVICING, INC. (“SPS”) and US BANK NA, 1 NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S COMPLAINT ana \OOOQQUI-RUJNr-t NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI-bUJNr-‘OKOOOQQUI-hUJNr-O Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 138 of 311 SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA6 (“the Trust”) (hereinafter, SPS and the Trust shall sometimes be referred t0 collectively as “Defendants”) will demurrer to the Complaint of Plaintiff RALPH B. NEAL (“Plaintiff”), on grounds set forth in the accompanying Demurrer. The Demurrer is made pursuant t0 California Code 0f Civil Procedure Sections 430.10(e) and (f) on the basis that that the aforementioned Causes 0f Action fail t0 state facts sufficient to state a valid claim against Defendants. The Demurrer is based upon this Notice of Demurrer and Demurrer, the supporting Memorandum of Points and Authorities set forth below, and the Request for Judicial Notice served concurrently herewith, the complete files and records in this action, the oral argument of counsel, if any, and such other and further evidence as the Court might deem proper. Respectfully submitted, WRIGHT, FINLAY & ZAK, LLP Dated: July 18, 2019 By: s/James J. Ramos, Esq. Gwen H. Ribar, Esq., James J. Ramos, Esq., Attorneys for Defendants, SELECT PORTFOLIO SERVICING, INC; and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA6. 2 NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S COMPLAINT \OOOQQUI-bUJNH NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI-bUJNr-‘OKOOOQQUI-hUJNr-O Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 139 of 311 DEMURRER Defendants generally and specially demur t0 Plaintiff’s Complaint and to each 0f the below enumerated causes of actionl contained therein, on the following grounds: The Entire Complaint Plaintiffs Complaint and each individual claim alleged therein fails t0 allege facts upon which relief may be granted in that Plaintiff’s mere conclusions of law are not sufficient t0 support a valid claim, because Plaintiff lacks standing, and because he is not allowed t0 preempt a non-judicial foreclosure sale. Additionally, Plaintiff has failed t0 join an indispensable party. Finally, Plaintiff’ s failure to tender the debt owed renders each of his claims defective. The First Cause 0f Action Plaintiffs First Cause 0f Action for Cancellation fails t0 allege facts upon Which relief may be granted in that he fails to allege his claim with the required degree of specificity. This claim also fails for the same reasons as Plaintiff’ s other Causes of Action. The Second Cause 0f Action Plaintiff’ s First Cause 0f Action for Revocation of Void Assignments fails t0 allege facts upon which relief may be granted in that Plaintiff‘s “holder 0f the note” theory lacks sufficient facts. Additionally, this claim also fails for the same reasons as Plaintiff’s other Cause of Action. The Third Cause of Action Plaintiffs Third Cause of Action for Declaratory Relief fails to allege facts upon Which relief may be granted in that there are n0 facts t0 suggest an actual controversy among the parties. Additionally, this claim rises and falls with Plaintiff’ s other failed Cause of Action. /// /// /// /// 1 The individual Causes of Action are addressed in the order in Which they appear Within the body 0f the Complaint. 3 NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S COMPLAINT H Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 140 of 311 The Fourth Cause of Action Plaintiff’s Fourth Cause of Action for “Injunctive Relief” fails to allege facts upon which relief may be granted in that “injunctive relief” describes a remedy, not a standalone Cause of Action. Additionally, Plaintiff fails to allege facts showing a reasonable probability 0f \OOOQQUI-bUJN NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI-bUJNr-‘OKOOOQQUI-bUJNr-O prevailing on the merits of his “claim”. Dated: July 18, 2019 4 Respectfully submitted, WRIGHT, FINLAY & ZAK, LLP s/James J. Ramos, Esq. Gwen H. Ribar, Esq., James J. Ramos, Esq., Attorneys for Defendants, SELECT PORTFOLIO SERVICING, INC; and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA6. NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S COMPLAINT \OOOQQUI-RUJNH NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI-bUJNr-‘OKOOOQQUI-bUJNr-O Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 141 of 311 MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION Plaintiff’s Complaint goes out of its way t0 avoid denying that his $1M loan is in default (and has been for years). Instead, Plaintiff conveniently concludes that he is invulnerable t0 foreclosure because Defendants lack standing to foreclose (due t0 a supposed flaw in the loan assignment). In an ironic twist, however, it is PlaintiffWhom lacks standing here. After all, it is growing increasingly clear that, in California, a borrower has standing to challenge the assignment of his loan only after a foreclosure has taken place and, even then, only if the assignment in question was void (and not merely voidable). Neither requirement has been met here. As such, Plaintiff lacks standing t0 prosecute any of his individual Causes 0f Action. The question 0f standing aside, it is clear that Plaintiff’s individual claims are all devoid of any factual support anyway. Indeed, Plaintiff does not allege a kernel 0f factual support for his conclusions. Since his duty t0 state actual fats upon Which relief could be granted extends beyond simply offering up his own unfounded conclusions of law, each one of his claims must be dismissed. II. STATEMENT OF FACTS On or about May 17, 2007, Plaintiff obtained a loan in the amount of $1,000,000.00 (the “L0an”) from Washington Mutual Bank, FA, the repayment 0f which was secured by a Deed 0f Trust recorded against certain real property located at 1588 Calco Creek Drive, San Jose, CA (the “Property”).2 The Loan was ultimately assigned t0 the Trust, as evidenced by an Assignment 0f Deed 0f Trust that was eventually recorded against the Property 0n 0r about November 4, 2010.3 Plaintiff eventually deeded his interest in the Property t0 himself and third party, Edward J. Perales (“Grantee”), by Virtue of a California Grant Deed recorded against the Property on or about April 19, 2018.4 On or about that same date, Grantee and Plaintiff apparently entered into 2 See Deed 0f Trust, attached t0 Request for Judicial Notice filed concurrently herein (“RJN”) as Exhibit “A”. 3 See Assignment 0f Deed of Trust, attached t0 RJN as Exhibit “B”. 4 See California Grant Deed, attached t0 RJN as Exhibit “C”. 5 NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S COMPLAINT \OOOQQUI-BWNr-t NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI-bUJNr-‘OKOOOQQUI-bUJNr-O Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 142 of 311 an Option Contract whereby Grantee paid the sum 0f $300 in exchange for the option to purchase the Property.5 On May 14, 2018, Grantee filed an action against, inter alia, SPS and the Trust, which sought t0 quiet title t0 the Property on the grounds that the Loan was improperly assigned. III. ARGUMENT California Code of Civil Procedure (“CCP”) Secti0n(s) 430.10(e)(f) and 430.30(a) allow a defendant t0 interpose general and special demurrers to a Complaint. Section 430.10 provides, in pertinent part: “the party against Whom a complaint or cross complaint has been filed may object, by demurrer 0r answer, as provided in Section 430.30, to the pleading on any one or more of the following grounds: (e) The pleading does not state facts sufficient t0 constitute a cause 0f action; (f) The pleading is uncertain. As used in this subdivision, ‘uncertain’ includes ambiguous and unintelligible.” Furthermore, “without supporting facts demonstrating the illegality of a rule 0r regulation, an allegation that (the defendant) is in Violation 0f a specific statute is purely conclusionary and insufficient t0 withstand demurrer.” Baker v. Miller (1923) 190 Cal. 263, 267, 212. Instead, a Plaintiff must plead facts sufficient t0 establish every element 0f that cause ofactz'on. Cantu v. Resolution Trust C0rp., (1992) 4 Cal.App.4th 857, 879. Moreover, if any element 0f a cause 0f action is negated, a demurrer to (that) cause 0f action is properly sustained. Ross v. Creel Printing & Publishing Company, Ina, et al. (2002) 100 Cal.App.4th 736, 748. A. The Entire FAC Lacks Facts Upon Which ReliefMav Be Granted. 1. Mere Conclusions 0fLaw Not Sufficient. As touched on above, in order t0 survive an attack by demurrer, a Complaint must state more than just speculative legal conclusions. Rather, it must allege ultimate facts, not evidentiary facts 0r conclusions 0f law. Logan v. Southern Cal. Rapid Transit Dist., (1982) 136 Ca1.App.3d 116, 126. A plaintiff cannot avoid this duty by simply reciting unfounded 5 See Notice of Option Contract for Sale and Purchase, attached t0 RJN as Exhibit “D”. 6 NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S COMPLAINT \OOOQQUI-RUJNr-t NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI-bUJNr-‘OKOOOQQUI-bUJNr-O Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 143 of 311 “contentions, deductions or conclusions of fact 0r law.” Ashou v. Liberty Mut. Fire Ins. C0., (2006) 138 Ca1.App.4th 748, 755. Each and every claim alleged in the Complaint is based 0n Plaintiff’ s convenient conclusion that his loan was not properly assigned to Defendants and/or that the assignment was robo- signed. However, Plaintiff does not bother t0 support his conjecture With any actual facts.6 To be sure, his mere speculation - Without more - is not enough to support a single Viable Cause of Action. For this reason alone, each one 0f Plaintiff’s claims fails. 2. Plaintiff Lacks Standing t0 Challenge the Loan Assignment Anyway. Standing is typically treated as a threshold issue, in that without it no justiciable controversy exists. People v. Superior Crt. (Plascencia), (2002) 103Cal.App.4th 409,420. “As a general principle, standing to invoke the judicial process requires an actual justifiable controversy as t0 which the complainant has a real interest in the ultimate adjudication because he 0r she has either suffered 0r is about to suffer an injury...” Holmes v. California Nat. Guard, (2001) 90 Cal.App.4th 297, 314-315. “Without standing, there is n0 actual or justifiable controversy, and courts Will not entertain such cases.” Clifi‘ord S. v. Superior Court (1995) 38 Cal.App.4th 747, 751. In California, a wrongful foreclosure plaintiff does have standing to “challenge an assignment to the foreclosing entity as void.” Yvanova v. New Century Mortgage, (2016) 62 Ca1.4th 919, 942-943. However, Where the assignment in question would be rendered voidable, the borrower-plaintiff lacks standing t0 wage such a challenge. Saterbak v. JPMorgan Chase Bank, N.A. (2016) 245 Ca1.App.4th 808, 815 a. Plaintifi’Lacks Standing Because There Has Been N0 Foreclosure, T0 Date. In California, a borrower lacks the right to bring a preemptive judicial action to determine Whether the foreclosing party was authorized to initiate a nonjudicial foreclosure sale. Jenkins v. JP Morgan Chase Bank, N.A., (2013) 216 Ca1.App.4th 497, 513; See also Siliga v. Mortgage Electronic Registration Systems, Inc. (2013) 219 Ca1.App.4th 75, 82; Kan v. Guild Mortgage Company (2014) 230 Ca1.App.4th 736, 749. As specifically recognized by Yvanova, “[t]his aspect 0f Jenkins, disallowing the use 0f a lawsuit t0 preempt a nonjudicial foreclosure, is not 7 NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S COMPLAINT \OOOQQUI-RUJNr-t NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI-bUJNr-‘OKOOOQQUI-bUJNr-O Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 144 of 311 Within the scope 0f [its] review, which is limited to a borrower's standing t0 challenge an assignment in an action seeking remedies for wrongfulforeclosure.” Yvanova v. New Century Mortgage Corp. (2016) 62 Cal. 4th 919, 934. (emphasis in original). Rather, the only issue featured in Yvanova was “whether plaintiff should be permitted to amend her complaint to seek redress, in a wrongful foreclosure count, for the trustee's sale that has already taken place.” Id. In no way did Yvanova “address the distinct question of Whether, or under what circumstances, a borrower may bring an action for injunctive or declaratory relief to prevent a foreclosure sale from going forward.” Ii. In fact, Yvanova went out 0f its way t0 make clear that it did “not hold 0r suggest that a borrower may attempt t0 preempt a threatened nonjudicial foreclosure by a suit questioning the foreclosing party's right to proceed.” Id. at 924. Since, by its express words, Yvanova did not address that portion 0f Jenkins Which disallows the use of a lawsuit t0 preempt a nonjudicial foreclosure, this specific aspect 0f Jenkins remains good law. And, under Jenkins, a borrower simply does not have the right t0 bring such a claim. The very same principle was upheld in Kan, which similarly recognized a critical distinction between pre-foreclosure and post-foreclosure cases. The Court in Kan found that a borrower had n0 right to challenge a lender’s authority t0 foreclose under the latter scenario. In the absence 0f any facts suggesting a foreclosure has actually taken place here, Plaintiff lacks standing to challenge the loan assignment. b. PlaintzflFailS t0 Allege Facts Suggesting Void Assignment. Plaintiff’ s self-serving conclusions as to the securitization 0f the loan and the “robo-signing” 0f various documents are similarly for naught. Allegations 0f unlawful assignments, securitization 0f the promissory note 0r deed of trust or robo-signing d0 not confer standing on a borrower because such defects do not suggest that the instruments are void. Mendoza v. JPMorgan Chase, N.A. (2016) 6 Cal.App.5th 802, 815; See also Saterbak v. JPMorgan Chase Bank, N.A. (2016) 245 Ca1.App.4th 808, 815; Yhudai v. IMPAC Funding Corp, (2016) 1 Ca1.App.5th 1252, 1259; Kan, supra, 230 Ca1.App.4th at p.743-744. Thus, it is clear that 6 See Plaintiff’s Complaint, in general. 8 NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S COMPLAINT \OOOQQUI-bUJNr-t NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI-bUJNr-‘OKOOOQQUI-hUJNr-O Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 145 of 311 Plaintiff lacks standing to challenge the loan assignment and that any individual claim based on such an attack lacks facts upon Which relief could be granted. 3. PlaintiffMay Not Preempt the Noniudicial Foreclosure Process. The comprehensive legal framework governing nonjudicial foreclosures, found in California Civil Code Sections 2924 - 2924i, was “intended t0 be exhaustive.” Moeller v. Lien, 25 Cal. App. 4th 822, 834 (1994); see also Homestead Sav. v. Darmiento, 230 Cal. App. 3d 424, 432- 433 (1991). “[N]owhere does the statute provide for a judicial action t0 determine Whether the person initiating the foreclosure process is indeed authorized...” Games v. Countrywide Home Loans, Ina, (201 1) 192 Ca1.App.4th 1149, 1155. As a result, “California Courts have refused t0 delay the non-judicial foreclosure process by allowing trustor-debtors t0 pursue preemptive judicial actions t0 challenge the right, power, and authority of a foreclosing “beneficiary” 0r beneficiary’s “agent to initiate and pursue foreclosure. . .” Debrunner v. Deutsche Bank National Trust C0., (2012) 204 Cal.App.4th 433, 440-442; Games, supra. In Games v. Countrywide, the borrower-plaintiff also sought “to impose the additional requirement that [the foreclosing party] demonstrate in court that it is authorized t0 initiate a foreclosure.” Games v. Countrywide, (201 1) 192 Ca1.App.4th 1149, 1154, fn.5. But, the Court was quick t0 point out that “such a requirement would be inconsistent With the policy behind nonjudicial foreclosure of providing a quick, inexpensive and efficient remedy.” Id. The Court in Games even went so far as to hold that “[t]he recognition of the right to bring a lawsuit to determine a nominee’s authorization to proceed with foreclosure on behalf of the noteholder would fundamentally undermine the nonjudicial nature of the process and introduce the possibility 0f lawsuits filed solely for the purpose 0f delaying valid foreclosures.” Id. at 1155. Plaintiff” s case attempts t0 steal a chapter from Games ’ failed playbook. But, under Games, a borrower may not bring such an action prior to the foreclosure sale. As such, each and every one 0f Plaintiff” s individual claims should be dismissed. 4. Failure t0 Name Indispensable Party. Pursuant t0 CCP §430.10(d), a complaint lacks facts upon which relief maybe granted where the plaintiff has failed to properly join the parties. Under CCP §389, an indispensable 9 NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S COMPLAINT \OOOQQUI-RUJNr-t NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI-bUJNr-‘OKOOOQQUI-hUJNr-O Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 146 of 311 party is one: 1) Whose absence would prevent complete relief from being afforded t0 the parties; 0r 2) who claims an interest in the subject matter 0f the action and who is so situated that, if he were not joined, disposition 0f the action would impair his ability t0 protect that interest 0r leave the other parties subject to a substantial risk 0f multiple/inconsistent obligations by reason 0f that claimed interest. Furthermore, where a number 0f persons have an undetermined interest in the same property and one of them files suit seeking to either recover the whole, fix his purported share, or recover a portion claimed by him, all other persons With similar interests are “indispensable parties” t0 said lawsuit. In re Marriage ofRamz'rez, (201 1) 198 Cal.App.4th 336, 344; Washington Mutual Bank v. Blechman, (2007) 157 Cal.App.4th 662, 667. Grantee is an owner of the Property.7 Without his participation in this action, Defendants are at risk 0f facing inconsistent judgments, double recovery, etc. As such, the entire Complaint should be dismissed for the simple reason that Plaintiff has failed to join all indispensable parties. 5. Failure to Tender. In order to challenge the propriety 0f a foreclosure sale, a plaintiff must first allege a proper tender of the amount owing 0n his loan. Abdallah v. United Savings Bank, (1996) 43 Cal.App.4th 1101, 1109; United States Cold Storage v. Great Western Savings & Loan Assoc., (1985) 165 Cal.App.3d 1214, 1222; Karlsen v. American Savings & Loan Assoc. (1971) 15 Cal.App.3d 112, 117. The doctrine 0f tender arises from the Court’s desire t0 avoid futility. "Equity Will not interpose its remedial power in the accomplishment of what seemingly would be nothing but an idly and expensively futile act." Karlsen, supra at 118. Since the origination of the tender requirement, courts have expanded this application beyond equitable causes 0f action to include any cause of action that is “implicitly integrated” with the allegations of an irregular sale. Arnolds Management Corp. v. Eichen, (1984) 158 Ca1.App.3d. 575, 579. Each and every one of Plaintiff’s claims appears to arise from his conclusion that the foreclosure process was prematurely triggered despite alleged irregularities in the loan 10 NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S COMPLAINT \OOOQQUI-bWNr-t NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-PUJNh-‘OKOOOQQUl-bUJNF-‘O Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 147 of 311 assignment. Yet, nowhere in the Complaint does Plaintiff allege that he has 0r can tender the full balance owed on the subject loan.8 His failure to d0 so renders each such claim defective. B. The First Cause 0f Action for Cancellation Lacks Sufficient Facts. 1. Failure to Allege Claims with Required Degree 0f Specificity. Actions for cancellation cannot be pleaded generally. Rather, where a plaintiff seeks t0 cancel a specific instrument that clouds title, she must specifically allege the facts demonstrating the invalidity of the instrument under attack. Wolfe v. Lipsy (1985) 163 Cal. App. 3d 633, 638. Plaintiffs fail t0 allege any actual facts, much less specific facts, to show that the Notice of Default he attacks is invalid. His mere conclusions are not enough. And, of course, Plaintiff lacks standing t0 wage such an attack anyway. As such, both claims fail. 2. These Claims Rise and Fall with Plaintiff’ s Other Causes 0f Action. Plaintiff” s claims for cancellation lacks facts upon Which relief may be granted for all 0f the same reasons as his other Causes of Action (as discussed herein). C. The Second Cause 0f Action for “Revocation 0f Assignments Deed of Trusts” Lacks Sufficient Facts. 1. Plaintiff” s “Holder of the Note” Theory is Without Merit. Plaintiff’s claim is borderline unintelligible. Nonetheless, to the extent it is based 0n the notion that Defendants were “not the holder”, it fails. As an initial matter, as addressed above, such a conclusion falls short because it is not substantiated by any actual facts. Perhaps more importantly, the Court of Appeal has rejected such a conclusion anyway, specifically finding that the comprehensive and exhaustive legislative framework governing nonjudicial foreclosure sales “does not mandate physical possession of the underlying promissory note in order for this initiation of foreclosure to be valid.” Debrunner v. Deutsche Bank Nat. Trust Ca, (2012) 204 Cal.App.4th 433, 440. As such, any reliance Plaintiff places 0n the speculative conclusion that Defendants were not the note holders is Wholly misplaced. 7 See Deed 0f Trust and California Grant Deed, attached to RJN as Exhibits “A” and “C”, respectively. 8 See Plaintiff’s Complaint, in general. 11 NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S COMPLAINT \OOOQQUI-BWNr-t NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUl-PUJNh-‘OKOOOQQUl-PUJNF-‘O Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 148 of 311 2. This Claim Rises and Falls with Plaintiff s Other Causes 0f Action. Plaintiff’s Second Cause 0f Action is defective for all of the same reasons as his other failed claims (and should, therefore, be dismissed). D. The Third Cause 0f Action for Declaratorv Relief Lacks Sufficient Facts. A plaintiff seeking Declaratory Relief must establish a present and actual controversy between the parties. City 0f Cotati v. Cashman (2002) 29 Cal. 4th 69, 80. Whether a claim presents an actual controversy Within the meaning 0f Code 0f Civil Procedure section 1060 is a question 0f law. Environmental Defense Project 0f Sierra County v. County 0f Sierra (2008) 158 Cal.App.4th 877, 885 (emphasis added). 1. There is N0 Actual Controversy Warranting Declaratory Relief. “[D]eclaratory relief is appropriate only where there is an actual controversy, not simply an abstract or academic dispute.” Connerly v. Schwarzenegger (2007) 146 Cal.App.4th 739, 746. A plaintiff seeking declaratory relief must establish “something t0 show that the controversy is real and not merely illusory, 0r, as section 1060 0f the Code 0f Civil Procedure states, a case “of actual controversy relating to the legal rights and duties 0f the respective parties.” Loupias v. Rosen (1951) 102 Cal.App.2d 781, 784 (citations). The California Court 0f Appeal has already concluded that allegations such as Plaintiffs d0 not give rise to a genuine controversy since there is nothing in the exhaustive legal framework governing nonjudicial foreclosures Which provides for a judicial action t0 determine Whether the person initiating the foreclosure process is indeed authorized...” Games, supra, (2011) 192 Ca1.App.4th at p. 1155. T0 allow otherwise “would be inconsistent With the policy behind nonjudicial foreclosure 0f providing a quick, inexpensive and efficient remedy...[and] would fundamentally undermine the nonjudicial nature of the process and introduce the possibility 0f lawsuits filed solely for the purpose of delaying valid foreclosures.” 1d. Plaintiff’s Declaratory Relief claim is n0 different than the failed claim advanced by the plaintiff in Games. But, just as was the case in Games, Plaintiff here has failed t0 allege any actual facts suggesting a controversy. Accordingly, this claim must be dismissed. 12 NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S COMPLAINT \OOOQQUI-bWNH NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI-bUJNr-‘OKOOOQQUI-hUJNr-O Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 149 of 311 2. This Claim Rises and Falls with Plaintiff s Other Failed Claims. This claim fails for all of the reasons set forth in greater detail herein. E. The Fourth Cause 0f Action for “Iniunctive Relief” Lacks Sufficient Facts. 1. This is Not a Valid Cause of Action. A “cause of action” for “injunctive relief” does not exist, as such is a remedy, not a cause of action. Shell Oil C0. v. Richter, (1942) 52 Ca1.App.2d 164, 168. For this reason alone, Plaintiff” s “claim” for “Injunctive Relief” should be dismissed for his failure to state a claim. 2. Lack of Probability of Success 0n the Merits In order to obtain a preliminary injunction, a plaintiff bears the burden of showing a reasonable probability 0f prevailing 0n the merits 0f his claims. Robbins v. Superior Court, (1985) 38 Cal.3d 199, 206. As discussed in greater detail herein, Plaintiff has utterly failed to allege any actual facts to support any of the claims alleged. As a result, Plaintiff’s “claim” should not survive the pleadings stage and, thus, cannot establish the probability 0f his success on the merits of the Causes of Action alleged. Accordingly, this claim should be dismissed. IV. CONCLUSION Based upon the foregoing, Defendants respectfully request that the Court grant their Demurrer to the Complaint in its entirety, without leave t0 amend. Respectfully submitted, WRIGHT, FINLAY & ZAK, LLP Dated: July 18, 2019 By: s/James J. Ramos, Esq. Gwen H. Ribar, Esq., James J. Ramos, Esq., Attorneys for Defendants, SELECT PORTFOLIO SERVICING, INC; and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA6. 13 NOTICE OF DEMURRER AND DEMURRER TO PLAINTIFF’S COMPLAINT A flat)! 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 150 of 311 PROOF OF SERVICE I, Barbara Espinoza, declare as follows: I am employed in the County 0f Orange, State of California. I am over the age of eighteen (18) and not a party t0 the within action. My business address is 4665 MacArthur Court, Suite 200, Newport Beach, California 92660. I am readily familiar with the practices of Wright, Finlay & Zak, LLP, for collection and processing 0f correspondence for mailing With the United States Postal Service. Such correspondence is deposited with the United States Postal Service the same day in the ordinary course 0f business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date 0f deposit for mailing in affidavit. On July 18, 2019, I served the Within NOTICE OF DEMURRER AND DEMURRER OF DEFENDANTS SELECT PORTFOLIO SERVICING, INC. and US BANK NA, SUCCESSOR TRUSTEE TO PLAINTIFF’S COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF on all interested parties in this action as follows: [X] by placing [ ] the original [X] a true copy thereof enclosed in sealed envelope(s) addressed as follows: Ralph B. Neal 1588 Calco Creek San Jose, CA 95 127 Tel.: (408) 219-1 188 Plaintiff In Pro Per [X] (BY MAIL SERVICE) I placed such envelope(s) for collection t0 be mailed 0n this date following ordinary business practices. [] (BY PERSONAL SERVICE) I caused personal delivery by ATTORNEY SERVICE of said document(s) to the offices of the addressee(s) as set forth on the attached service list. [ ] (BY FACSIMILE) The facsimile machine I used, With telephone n0. (949) 477-9200, complied with California Rules of Court, Rule 2003, and n0 arror was reported by the machine. Pursuant to California Rules 0f Court, Rule 2006(d), I caused the machine to print a transmission record 0f the transmission, a copy 0fwhich is attached to the original Proof of Service. [ ] (BY FEDERAL EXPRESS OVERNIGHT- NEXT DAY DELIVERY) I placed true and correct copies thereof enclosed in a package designated by Federal Express Overnight with the delivery fees provided for. [ ] (BY ONE LEGAL FILE AND SERVE) I caused the above document(s) to be e-served through One Legal File and Serve t0 the recipient(s) on the above-referenced address and/or attached service list. [X] (STATE) I declare under penalty 0f perjury under the law 0f the State of California that the foregoing is true and correct. Executed 0n July 18, 2019, at Newport Beach, California. s/Barbara Espinoza Barbara Espinoza 1 PROOF OF SERVICE SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER Ralph Neal vs First American Title Insurance C0. et al Hearing start Time; 9:00 AM Hearing Type: Hearing: OSC 19CV349019 TRO/Preliminary Injunction Date 0f Hearing: 07/23/2019 Comments: Heard By: Williams, Helen E Location: Department 10 Courtroom Reporter: Courtroom Clerk: Ismael Armenta Court Interpreter: Court Investigator: Parties Present: Future Hearings: Neal, Ralph B. Plaintiffm - MOTION FOR PRELIMINARY INJUNCTION: Ralph Neal appears in Pro Per. Charles McKenna appears 0n behalf 0f the Defendant. The matter is argued. The Court DENIES the motion and orders Mr. McKenna t0 submit an order denying the motion. Printed: 7/23/2019 07/23/2019 Hearing: OSC TRO/Preflmmary Injunction r 19CV349019 Page 1 0f 1 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 151 of 311 Advocate Real Party in Interest Yolanda Lewis for STATE OF LOUISIANA REGISTRAR TO BEAR fill NO. 119-1952-453-02918 Ralph B. Neal, 0Civilian in Defacto Reality Fact JUL 2Employees Securities’ Company of FDIC ‘ 3 20/9 Federal Trade Commission (”FTC”) SEC C|K# 0001750462 Affiliated Person, International Organization; U.S.A Dept. State SOS File # 16012578-4 1588 CALCO CREEK, SANTA CLARA COUNTY AL QFIPS 06085, CITY FROM SAN JOSE, CA 95127 01%». (TEL) 408-888-9864: (FAX) 888-878-6660 ** SPECIAL APPEARANCE ** SUPERIOR COURT FROM CALIFORNIA COUNTY OUT OF SANTA CLARA-CIVL IN REM RALPH B. NEAL CASE NO. 19CV349019 NATURAL PERSONS PLAINTIFFS, OBJECTION TO JUDICIAL VS NOTICE IN SUPPORT FOR SELECT PORTFOLIO FIRST AMERICA TITLE INSURANCE SERVICING, |NC.'S CO; U.S. BANK, NA, SUCCESSOR IN OPPOSITION TO ENJOYMENT IN INTEREST TO LA SALLE BANK, NA AS & CRIMINAL CHARGES IF TRUSTEE ON BEHALF FROM THE HOLDERS OF THE WAMU MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007-OA6-; JP MOPRGAN CHASE; SELECT PORTFOLIO SERVICING, INC DEFENDANTS TO THIS HONORABLE COURT AND TO ALL PARTIES AND THEIR ATTORNEYS FROM RECORD, AT, OUT OF, AND PRACTICING COLOR OF AUTHORITY NO EQUITY IN LAW, : PLEASE TAKE NOTICE AND ACKNOWLEDGE THAT IN REM DEFENDANT, SELECT PORTFOLIO SERVICING, INC. (”SPS") did request, pursuant to CA Evidence Code sec 451 and 452, pertaining to CONSTITUTIONAL, REGULATED, enactments issued through ANY PUBLIC ENTITY IN THE CASE NO. 19CV349019 1 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 152 of 311 United States, being OFFICIAL, EXECUTIVE, DEPARTMENTS OF THE United States or ANY SUB- STATE OF: Rules out of ANY Court FROM RECORD OUT OF THE United States or ANY SUB-STATE THEREOF: The laws out of an ORGANIZATION FROM NATIONS and of FOREIGN NATIONS and public entities in FOREIGN NATIONS AS NON-CONTERMINOUS BANK CITY OF THE FEDERAL RESERVE, EMPLOYEES’ SEURITIES COMPANY in DEFACTO REALITY FACTS and PROPOSITIONS that are from SUCH COMMON KNOWLEDGE within the territorial jurisdiction out from the court that THEY CANNOT REASONABLY BE THE SUBJECT OF DISPUTE, AND ARE CAPABLE FROM IMMEDIATE AND ACCURATE DETERMINATION BY RESORT TO SOURCES OUT OF REASONABLY INDISPUTABLE ACCURACY TO THE ENGLISH WORDS AND PHRASES and all LEGAL CONTEMPT OF EXPRESSIONS; GENERALIZED KNOWLEDGE THAT ARE SO UNIVERSALLY KNOWN THAT SPS CANNOT REASONABLY DISPUTE THE SUBJECT MATTER, OF THE REGISTRAR EMPLOYER AND ITS EMPLOYESS' SECURITIES COMPANY, MEMBER CLEARING BANK BLANK ENDORSEMENT, that the Court OUGHT TO take JUDICIAL, JUST IN EQUITABLE NOTICE from the following truth to facts that have NOW COME TO PASS BY PUBLIC EXHIBIT DOCUMENTS AND BY AVERMENT TO THE FOLLOWING TRUTHS TO FACTS: 1. Security Interest Deed out of Trust recorded 25‘“ day from May of 2017, in Santa Clara County Recorder’s Office bearing NEGOTIABLE INSTRUMENT NUMBER 194495, out from which DEED GlFT-IS ORDERED RELEASED by its EXECUTIONER, SETTLOR by DEED OF RELEASE Instrument Number 2019-JUL-001, - recorded UCC Contract No. 19-7723209232, a true and correct copy ATTACHED HERETO - Exhibit A. 2. ASSIGNMENT out from security interest deed, formed from trust recorded 4‘“ day of November from 2010, in the Santa Clara County, Recorder’s Office bearing NEGOTIABLE INSTRUMENT NUMBER 20142766, out from which GlFT-IS BE VOID BY DEED OF RELEASE, Instrument Number 2019-JUL-001, Money Order No. 07222019-28415095, TSG No: 1900285095 are OIDs(s), debt instruments fonNarded to Internal Revenue with 8281, 1040-V, CASE NO. 19CV349019 2 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 153 of 311 and QUITCLAIM DEED deposited to California, Santa Clara County Recorder for RECORDATION, ATTACHED HERETO - Exhibit B - TO ELECT AND SELL SECURITY DEED PLACED IN TRUST. INTERNATIONAL CRIMES: Ralph B. Neal, International Organization to the United States of America and several States of the American is an affiliate and registered with the Securities and Exchange Commission CIK. 0001750462, is a United States Bank. Defendants continue to launder and embezzle obligations of the United States, and provided confession in open court by the Request for Judicial Notice In Support of Select Portfolio Servicing, Inc’s Opposition to Injunction testimony to the following willful and intentional acts, and continuing financial Ponzi scheme executed by defendants and are charged with the following crimes, and are subject to immediate issuance of certified civilian arrest warrants for confessed crimes not limited to : 3. Every conversion of property corporeal and incorporeal by defendants, accessories that aid and abet by rescue constitutes Bank Robbery for amounts in excess of 1,000. 4. The note annexed to the Deed of Trust Instrument ggfiqggfi executed in the amount of one million dollars United States Currency, requires license by every person that converted the private asset and involved in this matter for the collection of private Foreign Items pursuant to the tax laws of the United States of America, (26 CFR 7001), evidence of registration pursuant to public law (Foreign Agent Registration Act), permission for the restraint of trade by the use of the property belonging to a registered investment company in interstate commerce pursuant to Acts of Congress, (15 USC 1692). 5. Every co-conspirer has violated securities laws for the illegal insider trading of restricted assets, economic espionage for unlawful conversion by upstreaming American CASE NO. 19CV349019 3 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 154 of 311 Depositary Receipts to foreign parent companies registered with the Securities and Exchange Commission. 6. Unlawful conversion and theft of Bank property evidenced by the unlawful conversion of the one million-dollar United States Currency note to WAMU MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007-OA6. 7. Defendants have recorded the counterfeit access devices and entered them into the record knowing they have been illegally executed, pursuant to page 13 section 24 of the Deed of Trust instrument they claim to act as trustee on behalf of the Settlor. 8. Defendants committed illegal insider trading of controlled substances, laundering, embezzlement and sex trafficking of contraband, PAR VALUE of an International Bank, in the commission of Economic Espionage and tax evasion schemes against the United States of America. 9. Defendants acknowledge a pattern use of deceptive forms and requested the Court Take Judicial Notice of the Recorded Deed Instrument Number 19444945 which specifically established the procedure for substitution of trustee on page 13-14 item 24 which evidences the illegal, counterfeit instruments presented to this court under fraudulent pretenses. 10. Defendants lack of the required executed substitution of trustee instrument by the Lender to govern substitution of trustees to the EXCLUSION of all other provisions which requires the substitution be executed and acknowledged by Lender and recorded in the office of the Recorder of the county in which the Property is located. 11. Lack of instrument executed by lender confirms testimony to willful tortious acts by defendants not limited to trespass, interlope, interference and making false claims against a United States Bank. CASE NO. 19CV349019 4 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 155 of 311 12. Use of deceptive forms, fraudulent use of language to deceive by the issuance of INSTRUMENT 2491453, ”NOTICE OF DEFAULT AND ELECTION TO SELL UNDER DEED OF TRUST” INTERESTED RALPH B. NEAL, LEGAL NOTICE, TO DEFAULT ELECTION, TO SELL EXCLUSIVE RIGHT, OUT OF DEED IN TRUST POSSESSION TO ANOTHER FOR AN EQUIVALENT IN MONEY OR SECURITY AGREEMENT SETTLEMENT FOR INSTALLMENT PAYMENTS: IS THE THIRD PERSON SINGULAR, NOT COMPLEX OR COMPOUND IDEA WHICH REPRESENTS ONE DETELMINATE VITAL CHECK THING COMPOSED FROM WHICH APPEAR IN THE WORDS, AM TO BE, ARE, AND IS-GIFT AND WAS COINCIDE IN THE SAME TIME POINT OR SECURITY INTEREST AGREEMENT, DEED OF CESTUI QUE TRUST, STATE ENTITY REGISTRAR EMPLOYER TO FTC EMPLOYEES’ SECURITIES COMPANY, MEMBER CLEARING BANK AND PAYOR BANK FROM REGIONAL 12 DISTRICT CLEARING HOUSES. 13. WRIGHT, FINLAY & ZAK, LLP lacks authority to respond and the request is to be stricken from the record for want of valid fictitious business license, and cannot be heard in a State of California court. Unregistered foreign agents, are unauthorized trespassers without proper delegation of authority and have submitted instruments to the court containing materially false statements as follows: False Personation and execution of schemes and artifice to defraud, a registered United States Bank by false, deceptive, and fraudulent pretenses and representations, to deprive the registered investment company of PAR VALUE and incorporeal property rights in an honest services fraud scheme: Gwen H. Ribar, James R. Ramos, James J. Ramos as attorneys for defendants submitted Request for Judicial Notice using multiple unregistered alias’ with no evidence of registration pursuant to the laws of the State of California requiring registration of fictitious business names for the protection of the CASE NO. 19CV349019 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 156 of 311 public. Operating without a valid fictitious registration statement is a misdemeanor in California, subject to civilian arrest. I certify the truths to facts contained herein are true and accurate to be best of my knowledge and pledge my full faith and credit as authorized United States Bank, CIK 0001750462 to aver the truths to these facts, and this he is ready to aver. HONORABLY RESPECTFULLY SUBMITTED STATE OF LOUISIANA CERTIFIED REGISTRAR TO BEAR NO. 119-1952-453-02918 Ralph B Neal, Civilian in Defacto Reality Fact Em- Federa Trade Co mission SEC 0001750462 Affiliated Person CASE NO. 19CV349019 6 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 157 of 311 - EXHIBIT A - Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 158 of 311 , San Jose, CA 951 10 (408) 299-5688 County 0f Santa Clara Office ofthe County Clerk-Recorder Business Division County Govemment Center 70 West Hedding Street, First Floor - East Wing 07/1 1/201 9 VERIFICATION CERT|F|CATE I, Regina Alcomendras, CIerk-Recorder of the County of Santa Clara, State of California DO HEREBY CERTIFY THAT: KEITH MARTIN LAUREL was, on July 10th, 2019 a duly commissioned, qualified and acting NOTARY PUBLIC in the State of California, County of Santa Clara, empowered to act as such Notary in any part of this State and authorized to take the acknowledgment or proof of powers of attorney, mortgages. deeds, grants, transfers, and other instruments of writing executed by any person, and to take depositions and affidavits and administer oaths and affirmations in all matters incident to the duties of the office or to be used before any court, judge, officer, or board. l FURTHER CERTIFY that the seal affixed or impressed on the attached documents is the official seal of said Notary Public and it appears that the name subscribed thereon is the genuine signature of the person aforesaid, his/her signature being of record in this office. In witness whereof, I execute this certificate and have here unto set my hand and affixed the seal of said County this, 11th day of July, 2019. Sincerely, REGINA ALCOMENDRAS Santa Clara County Clerk-Recorder By: M Vedessa Reed, Deputy CIerk-Recorder nnani nf Snnervisors: Mike Wassennan. Cindy Chavez, Dave Conese, Susan Ellenberg, S. Joseph Simitian Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 159 of 311 {‘q CLERI‘: ,OQ‘ ..\\\MI’I, %on DEED OF RELEASE THIS DEED OF RELEASE Private Instrument No. 2019-JUL-RNDR-001, gift-is made this 22 day from July of 201 , by Grantor/ Settlor RALPH NEAL, with an effective date of Max l7, 2007, whose Domicile is located by California address, 1588 CALCO CREEK, SAN JOSE of Bank City District Zip code, CA 95127, Party from the first part, in favor for Santa Clara County Trustee,FIRST AMERICAN FINANCIAL CORPORATION, EIN 26-1911571 CIK No. 0001472787 headquarters l First American Way, Santa Ana, California 92707-5913 doing business as, FIRST ADERICAN TITLE INSURANCE COMPANY, D-U-N-S 01-766-1959, whose Resident Occupation consignment address is 4795 Regent Blvd, Mail Code lOIl-F Irving, Texas 75063, party of second part as Grantee/Lessee/Trustee. That for a Valuable Consideration paid, by APN No. 612-70-007 DEED OF TRUST of which be HEREBY AKNOWLEDGED, the Party of the First part DOES HEREBY RELEASE, BY OPERATION OF THE LAW unto the Party of the Second Part that certain Deed of Trust in its Favor dated 05/17/2007, Recorded by 19444945 with printed date 05/25/2007 Under Instrument 19444945 from Record in Santa Clara County Recorder's Office Records, witnessed by Regina Alcomendras, County Clerk through Official Receipt Indexed number 24191453 recorded 5/30/2019. In TESTIMONY WHEREOF, notary witness signature to the party of the first part on the day month and year first above written by Grantor Ralph Neal, the Settlor whose conveyance, remised, released, and forever quit-claim Security Interest to Trustee for Payment Settlement and Extinguishment of Debt by surrender of the note annexed to Deed of Trust Instrument No. 19444945 recorded 0n County Santa Clara books on 5/25/2017. of Jul 2019 Executed: July, 10, 2019 Affiliate CIK 000 750462 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that: document. State of California ) County of Santa Clara) 0n Ju1x 10: 2019 before me, Ke'fl‘ Nan’vn LamM/vw‘lzly HMO (insert name and title of {Eergfficer) personally appeared, Ralgh Neal, who proved to me on the basis of satisfactory evidence to be the persongsf’whose nameosT'is/ar6’subscribed to the within instrument and acknowledged to me that he/ahE/they executed the same in his/bef/pheir authorized capacity(;sa%, and that by his/ber/thetr signature(e+'on the instrument the personC£+q or the entity upon behalf of which the personfia& acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official eal. l , _ ‘ Ktrm mum LAUREL ISignature (Seal) , Notary Pubtic ~ California g . ix- fl Sam Clara County\chp' ' Commission32278465 A I ‘1 ~ My Comm.£xpiresreb23,2023[ Private Instrument No. 2019-JUL-RNDR-001 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 160 of 311 -EXHIBIT B - Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 161 of 311 F v 8281 Information Return for Publlcly Offered P Sammy2M Orlglnal Issue Discount Instruments 0MB No 15450887 D.» same": o‘ the Treasury z»: val Revewe Service D Information about Form 8281 and Its lnstmcflons is at www.irs.govlform8281. Part I Issuer Information 1a Issuer‘s name 2 Issuer's taxpayeridentification number 553430-3340 1b Present address (number. street. apt. or suite no.. or P.O. box) .':L:!“.tiK DRIVE 1c City 1d State 1o ZIP code ~ CA 95127 3a Name of representative (see instructions) ab Telephone number 3c Present addras (if different from issuer's) 73d City ac State 3f ZIP code Part II Debt Instrument Information 4 CUSIP number 5- Issue date 5b SEC registration date 6 Maturity date N/A 07/22/2019 N/A 08/22/201 9 7 Type of instrument (see instructions) 8 Issue price (percent ofprinclpal amount) 9a Stated interest rate (seeinstrucfions) 9bD Variable El Fixed rate D Inflation-indexed 9cD Contingenl D Variable rate D Contlngem payment MA N/A 10 Interest paymentdates 11 Amount of OID for entire issue 12 Yield to maturity 13 Stated redemption price at maturity of the entlre issue. If the redemption price of each debt instrument within the Issue is other than $1.000. indicate the stated redemption price of each debt Instrument. N/A N’A $2.000 Hm 14 Description of debt ins‘ruments .r Mo. 07222019-28415095. TSG No.2 190782841-CA-MSII TS No.: CA1900235095 are 010(9), debt Instrumenus}. Contractuni . (« xi! uer evidence of Indebtedness) whlch constltutes Indebtedness under general principles of federal inocme tax law zu, M w u .n’ ihe Treasury-lnternal Revenue Servlce. Publication 121 2- Orlglnal Issue Dlscoum; Debt Instrument. Said debt instrum- w v. nmmyad to or for the account of the United States: hence. made payable to the Unlted States In order to discharge said sangement. Birth Certificate No. 119-1952-453-02918, a certificate whlch also constltutes |ndebtedness under general p: nu n ‘ mm tax law. has been pledged to the United States In order to guarantee payment regardlng thls transaction. 2019 tax been filed with the Department ol me Treasury-lnternal Revenue Servlce In order to prevent tax avoidance. regarding U: .sssnciatlon wlth Flrst American Title Insurance Company. The company must balance thelr books accordingly: hencv :2- :‘s:i;c;xl Sratates Government Is authorlzed to deduct 25 percent from from sald debt Instrument regardlng sald transaction MILI- 15 Attach a schedule of OID per $1.000 principal amount for the Me of the instrument. If the principal amount is othe! than $1.000. indlcate the actml OID per principal amount per year. The schedule must be based on a 6-month accrual period. It mum show the daily ponlon of OID for each accrual period and the total OID for each calendar year. For additional requirements, see the Instructions. Signature. Within 30 days after the date of issuance of an om debt instrument or, if registered with the SEC after the date of issuance, within 30 days after the date the OID debt instument is registered with the SEC, send two copies of Form 8281 and any attachments to: Department of the Treasury, Internal Revenue Service, Ogden, UT 84201 -0209. Under penalties of perjury, I declare that | have examined this return. including accompanying schedules and statements. and to the best of my knowledge Please and belief. i1 is true. correct. and complete. Sign , l , W'WPW 4 "’ 4 ‘ / ’ \Here _ _, 4 ‘ QM , I «W+MW Mam Mcmgc/kmummy um Signature ’ ‘ ,-’ I Tine /) ’ Date For Paperwork Reduction Act Notice, see instructions. 5‘ r] Cat. No. 620246 www.irs.gov/fonn8281 Form 8231 (Rev. 9-2014) Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 162 of 311 _.__._-- --- July u, zuwRALPH NEAL M 0rd N 07222019 7841509 1588 CALco CREEK DRIVE oney. er Io. _ -. .z, SAN Jose, CA 95127 Essenti'himgzas‘ség "5' APN Mm: 612-70-007 First American Title Insurance Company4795 Regent Blvd, Mail Code 1011-F Ewing, TX 75063 Instructions - Trustee or Assigns: Please Balance your books Accordingly by way of Your Corporation’s Tax Form(s) Referencing Residential Money Order No. 0722201 9-2841 6095, TSG No.: 190782841 -CA-MSI. andTs No.: CA1900285095 (OlD(s), debt instrumenfls)! contractual arrangemenus) that constitutes indebtedness under general principles of federal income tax law as defined In Publication 1212, under debt instrument) Regarding 2019 Fllod Tax Assessment. Greetings Trustee or Assigns. Please adhere to the following Imuucu'ons moaning 2019 filed tax ammont: Said original issue discount(Money Order No. 0722201928415095) is made payable to the United States Treasury. Due to filing said taxassessment, the corporation shall adjust their books to show that payment has been received and your corporationnow has a Tax Credit; hence, allocation of the credit will be provided as a Tax Exemption to your company. Saidinstrument TSG No.: 190782841-CA-MSI/ TS No.: CA1900285095 (an OID, debt instrument! contractua|amusement that constitutes Indebtedness under general principles of federal Income tax law as defined inDepartment of the Troasury-Inumal Revenue Service Publication 1212, under debt Instrument) has beeninitiated; hence. the company shall: credit said "sales” on their Profit and Loss Statement and debited “accountsreceivable“; next, transfer the amount from the asset (asset/debit) account, “accounm receivable” to the credit(credit/Iiability) account. “prepaid tax' on the company’s Balance Sheet. Please utilize said debt instrument(s) on yourtax form (corporation income tax form) to receive a tax exemption (my credit against any tax owed by yourcorporation regarding said transaction). The purpose for filing is to protect the interest of the United S‘ates bynotifying all parties that said 2019 tax assessment was filed in order to prevent tax avoidance. regarding saidtransaction in association with your company. Thank you in advance for balancing your company’s book regardingsaid 2019 filed tax assessment by way of the lntemal Revenue Service. in order not to effectuate cn'minal orfraudulent avoidance of tax liability. » 2" 2w :(Lhufiéfi Q&TCM'w' I‘ .x; -;'"v: .UL’QI‘: Hwa’i‘ailml amnim:-~~ -. a5-1."; ,r-fwA-fibg -‘a.- Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 163 of 311 What us Form 1o4o-v It’s a statement you send with your check or money orderfor any balance due on the “Amount you owe” line of your2018 Form 1040 or Form 1040NR. Cansider Making Your Tax PaymentEflectronically- It’s Easy You can make electronic payments online, by phone, orfrom a mobile device. Paying electronically is safe andsecure. When you schedule your payment you will receiveimmediate confirmation from the IRS. Go to www.irs.gov/Payments to see all your electronic payment options.How To Fill In Form 1040-V Line 1. Enter your social security number (SSN). If you are filing a joint return, enter the SSN shown firston your return. Line 2. If you are filing a joint return, enter the SSN shownsecond on your return. Line 3. Enter the amount you are paying by check ormoney order. If paying at {Rs.gov don't complete thisform. Line 4. Enter your name(s) and address exactly as shownon your return. Please print cleariy. How To Prepare Your Payment ~ Make your check or money order payable to “UnitadStates Treasury.” Don’t send cash. If you want to pay incash, in person, see Pay by cash. ( Make sure your name and address appear on yourcheck or money order. o Enter your daytime phone number and your SSN onyour check or money order. If you have an IndividualTaxpayer Identification Number (lTlN), enter it whereveryour SSN is requested. If you are filing a joint return, enterthe SSN shown first on your return. Also enter “2018Form 1040" or “2018 Form 104ONR." whichever isappropriate. 2© 1 8 Form 104o-vm aizfssrams Se w0 To help us process your payment, enter the amount .-the right side of your check like this: $ XXX.XX. Dom" 2.1::dashes or lines (for example, don‘t enter "$ XXX--" or“s XXX “/100"). No checks of $100 million or more accepted. The H :1can't accept a single check (including a cashier's cl yank}for amounts of $1 00.000.000 ($1 00 million) or more. If 3»: L.are sending $1 00 million or more by check, you will nozu:to spread the payments over two or more checks, witheach check made out for an amount less than $1 00 minil lavPay by cash. This is an in-person payment option forindividuals provided through retail partners with a maxim: u;of $1 .000 per day per transaction. To make a cash payrnoa v:you must first be registered online atwww.officialpayments.com/fed, our Official Payment provn? z.How To Send In Your 2018 Tax Return,Payment, and Form 1040-V 0 Don’t staple or otherwise attach your payment or i-‘om1040-V to your return. Instead, just put them Ioose in H x-envelope. 0 Mail your 2018 tax return, payment, and Form 104U-V i"-the address shown on the back that applies to you. How To Pay Electronically Pay Online Paying online is convenient, secure, and helps make sum m.get your payments on time. You can pay using either of the.-following electronic payment methods. To pay your taxesonline or for more information, go to www.irs.gov/Paym(-u J 5'9IRS Direct Pay Pay your taxes directly from your checking or savingsaccount at no cost to you. You receive instant confirmsn in.that your payment has been made, and you can scheduhyour payment up to 30 days in advance. Debit or Credit Card The IRS doesn’t charge a fee for this service; the cardprocessors do. The authorized card processors and ti vainphone numbers are all on www.irs.gov/Payments. Cat. NO. 209750 Fm 1040Tv’m- . '''''''' VWHmand MaflWiflIYourPuyrnonnnd RotumV Er! 5L @40-V Department o! the Treasury :ntemal Revenue Service (99) i fl, 4 YOur fivst name and initial ta J . r u “(a If a join: return, spouse's rm name andmm ;.‘- 3 I’ - Fam-Eaddress (number and street) ' .1 -: - Lu UHhEK UHIVE {Foreign country name L _L ‘ .For Paperwork Reduction Act Notice. see your tax returnMam Payment Voucher buono‘mmoormchmhvouchormyourpaymontormmm. Eu...‘ . V i 1 Your social secwity number (SSN) 2 If a joint return, SSN shown second a Amount you aggrim by dirk or Dollars (hm. ‘1 a ’oint mum. SSN shown fin: money ordor. crac or (A I 0n yourMum) on your ream order blewi Luamsmaamn mTWW" Mme NEAL Last name OMB No. 1545 VUU f3 22631a Apt. no. City. town or poctoffice. we. anlePmdemafotelgn addms. maple;Wes h.ur.;--,:SAN JOSE CA 95 I27 .53., queign pOftaLcwje: w ,I «K |"")}.~'\\wroku 4" Cat No. ?mm. . Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 164 of 311 “Tm:documentwasclemumln«u;nux IoSantaciaraCounty[ormcnrdln u RecordingRequested13y: ROQinBAhommldms . -.. _ nantaClnru(:uunlyGlutk‘Rmumc-v bcrwcLLmk 051300.01912:06PM Titles;1Pages:5 Fons:$112.00 WhenRecordedMailTo: Tax:$0 firstAmericanTitleInsuranceCom yTomi:s112.00 41795RegentBlvd.Mall(rode1011-- .‘hrving,TX75063 Am;61270-007 I. PropertyAddams:1588CALCOCREEK ,. -’" ‘ ‘ . DRIVE / " ' m SANJOSE,CA95127 / ( ‘\ ' _,V. ,_,‘___ _ 1 ¢ 7\\.t",) IsNo.:CA1900285095 l\( 'rsoNo.:19078284 14zA-Msx‘ Mj/ NOTICEOFDEFAULTANDELEC TIONx0SELLUNDERDEED0F'l‘RnSk; Al'FEEIISQNRECORD51;:THF F01.LOWINGREFERflNQE'I‘OANATTACHE DSIIMMARxl" APPLICABLLTO'1'11ENO’l‘ICEPROVIDED T0'1‘):{ETRUSTbR/ONLY oN(TI'E''l-ILHRH [SASIJMMAIIY01“l'lm1£‘K'IC’yI N111'sIDL'IJMHNIAri“!\Il:I' m-4%,? mum.aanswam:Qéwarfluuu N(J’lA:ShADJUNTAUNR} SUMBHh"I.3mEORMACIUNDMES'I'LD0(‘UNILN"I(y TALA:MYROONGBUODNGN!n Rzl JAQY§§8NDOKUMEN'I"0N(§II‘()NANAKAIAkll' Im:Y.I(L'MmuoBAYLA131271TanN sAY1mezvs'uu‘murmmum1A11nn~; / P ursuantto(.‘nliforniaCivil DiesSfctipn2924;:(bi1)pleasebendv‘kcd ofthcfollowing: <2/?IMPORTANTNOTICE 21FYOURPROPERfYISlN/FOREC LOSUREBECAUSEYOU“\k. BEHINDINYOUPAKME HTSITMAYBESOLDWITHOUTANY('(M'i:a ACTHON,andyoumawe 1hr} lpgnlrig“.103ringyou:90-011111. Intogoodstandingbypayingr11 yourpast.duepaymenlus pMinedoosL:mid‘Apcnscwwithin thetimcpctmilludhylmu(w roixmtatemuntofurncgon1 ,whichisnonnnflyfive‘wsimxmda ysprioru)thedaleactfinlhr-.nL-. yourproperty.”saicfia maybcsetunulapproximately,.90daysfiumthe datethisNunn- Default)naybdrdcd2W1) :daleof:«:ordationappcmonLhianotice). x lhisamount 48":61$.031.19asof05/29/2019,andw illinc:caseuntilyouraccoumhmml current. V I l ‘ ‘ \ ., [\VX a“h/_- .lmy.‘‘. HALFHNEAL ‘88“moCREEKDRIVE . h,‘-.MoneyOrderNo .07222019154 "R“:3055'CA95127 ' ‘‘ TSGNo.:190732341‘m-M51 SY-NM553-90-3340 TSNo.:01900285095 Mam":408-219-1188 APNNo.:612-70-007 This01Dlsnowconveyedtoorfortheaccounlmii.- Payableto:UNITEDSTATESTREASURY suresInordertodischargesaidcontractualmumm- evldenceo!Indebtedness,whichconstitute snm-I: ‘(AumJDNSIGHTTOPAYEE:FirstA morlcanTitleImmune:Company undergem“pflndples0ffederalNomem“m ‘ aimthan7daysafterreceipt4795Rege ntBlvd,MailCode1011-F m”wane"1212_OriginalIssue(WWW. Irving,TX75063 Instrument.SaidTaxAssessmenthas10wbum.mu‘ NicoforAcceptanceonDemand uh:gaLronoftheUnitedStates) $2,000,000.81; ' - (gamingm9MnIE9!pg“AB§£“9giulsantunnttttttttttxtttttx ’ ‘ In! ‘ M,' . , j fl%p.-gw__-.. rAuthor'lzedRepresentative mzfleiseeen .aLz-meCountyRecordlngNo. U110iAE'IC se 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 165 of 311 DOC #24191453 Page 2 w :5 'rx Nu; cmsoozssms mom: 19mszs41-(LA-MSI (“xVA/Iv‘nA/PMJ \..No.1 4 \ ‘ ~ ‘ NOTICE 0F DEFAULT AND ELECTION TO SELL UNDERBISQUE)‘MUJF‘, I: y required by your note and deed oftrust or mongage. Ifyou fail to make film e 01mm Luau. _. taxes on 1hc property, provide Insurance an the property or pay otherobli ixcd in' thL m.and deed of trust or mortgage, the beneficiary or mortgagee g- 15mm txyouE?o so in mumrcimiate your account in good standing. In addttion, the my or may rcquim :zacondition to reinstatement that you pnwidc reliable wn'uen deuce thj 'u paid ail scnim lieu:pmpgrly taxes, and hazard'msnranoc premiums. \\/ While your prepcxty is in foreclosure, you still mast pay other obligations ( ch aafitanoe j’a/nd 2x ,/ Upon your written request, the bencficiary or me er. wil‘ mbyou written itemization n'i m:entire amuunt you must pay. You may not have thx the entire unpaid pmuon ol‘ your acw v vioven though full payment was demanded. but you must ‘75:” lamounts in default at the timc ngnxxu ‘i.» made. However, you and your bane"iciary or m Imally agee in writing paint {z Htime the notice of sale Is posted (which may not end ofthe three month period 51m -_-above) to, among other things, (1) provi iF-imyhich to cure the default by mumfiv c . ts in order to cure your default, m 2w 3 the propeny or otherwise; or (2) establish (1) and (2); \ M Following the expiration of tbs: time relmin tho first pmayaph 0f this notice unless z? -obligation being foreclosed tten ng’eemmt betwem you and yum cmiimpermits a longer period, youg git to stop the sale of your properly by payim» m.cutire amount demanded by‘q ‘‘‘‘‘"Io find out the amount 3Q IQ tommge for payment to stop the foreclosure, or ii yn-moperty is in foreclosure fW\other F?’son, comact: swimmg. mwmw2mg.l '5US. BankN ,3 c ~Iizustce, onbe I‘ll'o Elitec.lo Fil st American e Ins -1795 Re.gent Blvd, Cod waving, 'lg‘X 7 \ ":Tj/ 866 429 517 < H‘ you havc‘ aqz qufiufns, you should contact a lawyer or the governmental agency which may h:- vcinsuzcd your *lgaq N Nomfithgandyzf/me fact tlm your propmty is in foreclosure, you may ofi‘a‘ your prepedy for sué-provided'fthq‘s e is concluded prior to the conclusion ofthe foreclosure. Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 166 of 311 DOC #24191453 P800 T’v In TS No.: CA190028509S TSG No. : 190782841-CA-MSIVA/FHA/PMI No.: I ’. NOTICE OFDEFAULT AND ELECTION TO SELLUNDER D‘EED0F TRUST .....\ \ ,Remember, YOU MAY Losx LEGAL RIGHTS m mg 9T ‘TAKE PROMPT ACTION. ‘ NOTICE Is HEREBY GIVEN: That mm Amencan 11¢ Insurance? mpauy is eim-a uoriginal trustee, the duly appoirued substitute trustee, o: «:1ng en: for cc or bcncak m o under a need of Trust dated 05/17/2007, exewted 5y: ' x x.“RALPH NEAL, AN UNMARRIED MAN, \ x! ‘\ GTON MUTUAL BANK, m «9‘45? (in Book), (page) 0mm;figumy CALIFORNIA descrnm as Trustor(s) to secure certain obligatiuns in favorBeneficiary, recorded 05/25/2007, (as Instru 6.Records in the Oflioc of the Recorder ofy ‘4land therein as: AS MORE FULLY DESCRIBEDm THEAw IONED DEED OFTRUST said obligauom including ONE ?gwb flu INAL sum of s 1,000,000.00.WforThat a breach of; and defmfikt which such Deed of Trust is security hmoccurred m that payment? mm INSTALLMENT gfiz’nfiefiék}QAND INTERESI WHICH mumm; nun u9/1/2009 AND ALL maxwfin INSTALLMENTS, TOGETHER WITH x u 5iCHARGES As SET 0R H SAID NOTE AND DEED 0F mum ADVAMASSESSMENTS, R TRuerE FEES. NOTHING 1N Tms Norma; sn uBR CONSTRUED VER 0F ANY FEES owmc; To um nmnmcmaWDER THE D\ us'r, PURSUANT To THE TERMS 0F THE LoanDOCUMENT x NJ mg; Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 167 of 311 DOC #241 91453 Page 4 0i u 1's No CA1900285095 Isa No. : 190782841-CA.MSIv [VI1mm: No.- ‘ NOTICE 0F DEFAULT AND ELECTION To SELL UNDER DEED oi: Tm» that by reason thereof, the present beneficiary under such deed ofuust, or its ag M;Q Fiat American - 479s R 53nd, Man oumm Irving QC, I" ‘ ,5? (sign:W 4 W DeeAnn fi- I ;:¢lez§;‘ Awhorizedgrleguw _____NM __7_ Iirst American Title BE A(‘TING AS A DEME(TOLLECTOR ATTEMPTIW‘ DEBT. ANY INFORMATION OBTAINED:MAY BF USED FOR THA’IW‘ SEE:\ Amchad Declaratio- < \5 \> Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 168 of 311 DOC #24191453 Pagk: CALIFORNIA CONTACT on DUEMLIGENCE DECLARATION(cw. CODE § 2923.55) Bomwer(s): RALPH NEAL, AN UNMARRIED MAN ,.- . TS Number: CA1900285095 ' ' - Property Address; 1588 CALCO CREEK DRIVE K.SAN JOSE, CA 95127 (f \ < ‘\. .' ‘ ’Ihc undersigned moxtgage serviccr representative declares as follows: ‘ H \ .. .I’ I am employed by the undersigned mortgage serviccr, and I hafq/reveredw b‘usinu: ..~ records for the borrower’s loan, including the borrower' s loan(Mus a d‘loan infé at‘um, 1. substantiate the borrower s present loan default andmeg? ohms j'lhe in'fOrmatiun s L forth herein 1s accurate, complete and supported by comp? tand reliablgpc‘vid’cncc that 1 1rm reviewed m the mortgage scrviccr’ s business records. “ilh ortgage schiSpn”s business revum. reflect one of the following Th: mortgage serviccr contacted the borrower, or a pcrso\daignutc/d by the bormwcn in writing to represent the borrower, to assesm borrower’s financial situation and to exp} x options for the borrower to avoid formic.ure\aq\x'oqgircd by CW. CODE § 2923.55 'lhirt x days have passed since the initial centact was\\dc\bD The mortgage scrvicer t.cicd with dued ml: to contact lhc borroww g.required by ClV. CODE J 2923® Thi hgwfinedaiflhe these due diligence cfimrwere satisfied. D ’l‘hc mortgagc service: was m)! mqflredinfsénpty with Cw. CODE § 2923.55 because th:individual does not xgcet thegifio’rfi)ma war" under Cw. CODE § 2920.5(a)KD The loan is not 9&5 80m: Igofigage o: deed of trust on “owncr-occupicd‘residential real as (wa cg: va. (3)133 § 2924.J S. Executed on fl: \ “munwm \) {NAME 0F SIG ] vamalank nmeg‘er \ \ Document Control Office:- ATTACHMENT T0 NOTICE OF DEFAULT Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 169 of 311 KDOOQQUIfiUJNr-t MNNNNNNNNHHHHHHHp-Hp- OOQQLAhUJNHOWOOQQLh-bWNP-‘O WRIGHT, FINLAY & ZAK, LLP Gwen H. Ribar, Esq., SBN 188024 James R. Ramos, Esq., SBN 252916 4665 MacArthur Court, Suite 200 Newport Beach, CA 92660 Telephone: (949) 477-5050; Facsimile: (949) 477-9200 Attorneys for Defendants, l AUG 0:35 2019 Clefi age Court Superlor nty oi Santa Clara By a DEPUTY n. AHMENTA SELECT PORTFOLIO SERVICING, INC; and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA6, erroneously sued herein as “U.S. Bank NA, Successor in Interest to La Salle Bank, NA as Trustee on Behalf of the Holders 0f the WAMU Mortgage Pass Through Certificates Series 2007-OA6”. SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA - CIVIL RALPH B. NEAL, Plaintiffs, vs. Case No. 19CV349019 "(PRQPQSEBfORDER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION FIRST AMERICAN TITLE INSURANCE CO; U.S. BANK NA, SUCCESSOR IN INTEREST T0 LA SALLE BANK, NA AS TRUSTEE ON BEHALF OF THE HOLDERS OF THE WAMU MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007-0A6; JP MORGAN CHASE; SELECT PORTFOLIO SERVICING, INC; AND DOES 1-20, inclusive Date: July 23, 2019 Time: 9:00 a.m. Dept: 10 Defendants. TO ALL PARTIES AND THEIR ATTORNEYS 0F RECORD, IF ANY: The Motion for Preliminary Injunction of Plaintiff Ralph B. Neal came on for hean'ng on July 23, 2019, at 9:00 a.m. in Department 10 of this Court, the Honorable Helen E. Williams, Judge Presiding. Plaintiff Ralph B. Neal appeared in pro per. Charles C. McKenna, Esq., appeared on behalf of Defendants and opposing parties SELECT PORTFOLIO SERVICING, INC. (“SPS”) and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA 1MOWER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 170 of 311 \oooxloxmhme NNNNNNNNNH-HHH-np-v-H-n WQONM-DWNHOQOOQQU‘IhWNb-‘O SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA6 (erroneously sued herein as “U.S. Bank NA, Successor in Interest to La Salle Bank, NA as Trustee on Behalf of the Holders of the WAMU Mortgage Pass Through Certificates Series 2007-OA6”). The Court, upon the briefing and arguments of the parties, finds that Plaintiff has not alance of hams. Accordingly,made a sufficient showing of prevailing on the merits or th Plaintiff’s Motion for Preliminary Injunction is denied. I I SO ORDERED. W fi/ll/H Jutve 0f the Superior Court :Hon. Helen E. Wilfiams 2 QRQPQS'EB) ORDER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 171 of 311 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA DOWNTOWN COURTHOUSE F I L E 191 NORTH FIRST STREET Smjose,cAL1Fomm 95113 AUG 0‘5 201g CIVIL DIVISION ' C rtCler 0U Superior Co A ty o!8m 0W8 BY EPUTY RE: Ralph Neal vs First American Title Insurance Co. et al Case Number: 190V349019 PROOF 0F SERVICE ORDER DENYING PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION was delivered to the parties listed below the above entitled case as set forth in the sworn declaration below. If you. a party represented by you. or a witness to be called on behalf of that pany need an accommodation under the American with Disabilities Act. please contact the Court Administrator's office'at (408) 882-2700, or use the Court's TDD line (408) 882-2690 or the VoiceITDD California Relay Service (800) 735-2922. DECLARATION OF SERVICE BY MAIL: | declare that l served this notice by enciosing a true copy in a sealed envelope. addressed to each person whose name Is shown below. and by depositing the envelope with postage fully prepaid. in the United States Mail at San Jose‘ CA on August 05, 201 9. CLERK OF THE COURT. by Ismael Armenta. Deputy. cc: Ralph B Neal 1588 Calco Creel Dr SAN JOSE CA 951 27 James Jose Ramos Wright Finlay & Zak LLP 4665 MacArthur Court Suite 280 Newport Beach CA 92707 cw-9027 REV 12/03/16 PROOF OF SERVICE Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 172 of 311 RALPH NEAL 1588 Calco Creek Drive San Jose. CA 95127 Tel: (408)219-1 188 Plaintiff in Proper RALPH B. NEAL, VS. SUPERIOR COURT OF CALIFORNIA SANTA CLARA COUNTY Unlimited Jurisdiction Civil Case No. 19CV349019 3. Plaintiff. NOTICE OF MOTION; MOTION FOR RECONSIDERATION ON ORDER DENYING PRELIMINARY FIRST AMERICAN TITLE CO: U.S. BANK NA. SUCCESSOR [N INTEREST TO LA SALLE BANK. NA. AS TRUSTEE ()N BEHALF ()F THE HOLDERS OF WAMU MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007-OA6; JP MORGAN CHASE: SEL'ECT PORTFOLIO SERVICING. INC; and DOES 1-20. inclusive. Defendants ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) INJUNCTION; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION; DECLARATION OF RALPH NEAL Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 173 of 311 [\D 11 12 13 l4 24 25 NOTICE T0 DEFENDANTS AND THEIR COUNSELS OF RECORD: NOTICE I.S HEREBY GIVEN that on at_ or as soon as the matter can be heard in Department 0f this Court. Plaintiff RALPH NEAL will move the Court for reconsideration of the Order of August 2. 2019 Preliminary Injunction in favor of Defendants. This Motion is made pursuant to CCP 1008 in that there are new facts, circumstances and law that can be shown that can be shown at the hearing. These motions will be based 0n this Notice 0f Motions . Memorandum of Points and Authorities. Declaration 0f Plaintiff RALPH NEAL, all served and filed herewith, the records and file herein. and 0n such newly discovered facts, circumstances and law that can be shown and presented in the hearing. Dated: August 8. 2019 ALP NE L.Plaintiff1 Proper Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 174 of 311 INTRODUCTION This action arises out 0f Defendants predatory lending practices, wrongful foreclosure, illegal 3 trustee sale. unfair and fraudulent activities of Defendants in the mortgage and 4 securitization process. Specifically. Defendants in cohort with one another, maliciously and without legal standing and devoid of legal authority is attempting to sell the subject property located at 1588 Calco Creek Drive. San Jose, CA 95127 with defective and void foreclosure documents and other violations as set forth in the complaint. Defendant U.S. BANK NA. 7 AS TRUSTEE ON BEHALF NATIONAL TRUST AS TRUSTEE ON BEHALF OF THE 8 HOLDERS OF THE WAMU MORTGAGE PASS THROUGH CERTIFICTAES SERIES 2007- OA6 allegedly and fraudulently represent itself now as foreclosing beneficiary and owner of the property without showing evidence of chain of legal assignments or legal standing to begin with. from the defunct WASHINGTON MUTUAL . the original lender. The alleged Servicer, SELECT PORTFOLIO SERVICING. also without legal authority is in collusion with U.S. 12 BANK to perpetrate their illegal scheme of foreclosure activities. MAIN BASIS OF ARGUMENT: 15 Overview 0f Transaction Concerning Securitization and Administration of the True 17 Relevant to New facts and Circumstances, Among others. Althou'gh the court may have taken judicial notice of unilaterally produced documents by Defendants. the said documents are still hearsay and self serving. This could not be the main legal basis. as erroneously relied upon by the court t0 be the predominant rationale why it 21 believed that Plaintiff would not prevail on the merits. [n fact, this court did not give sufficient 22 time for Plaintiff to present his legal arguments and evidence, which is believed to be an abuse 0f discretion from the court. It is well established that taking judicial notice of documents is not accepting the truth of 2 5 its contents or accepting a particular interpretation of its meaning as the truthfulness and proper L‘__5 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 175 of 311 10 11 12 13 14 16 interpretation 0f its meaning ar still disputable. (Joslin vs. H.A.S Ins Brokerage (1986), 184! (‘al.App. 3d 369. 374 (228 Cal. Rptr. 878). In the mortgage securitization process, the following documents are necessary to be produced: a. Pooling and Servicing Agreement. b. Underwriting Agreement, c. Prospectus Supplement. Form 424(B)(5). d. Registration Statement. Form 8-K. The operative and governing document ofthe Trust is the Pooling and Servicing Agreement which has to be filed with the Securities and Exchange Commission. The PSA and Underwriting Agreement would indicate who is the Depositor reguired to convey the mortgage loan and the deadline date to convey since the PSA specifically requires all parties t0 strictly adhere to the Internal Revenue Code (the “IRC") Section 860 provisions. (There are times when the mortgage loan is being conveyed not by the Depositor but by an entity not found in the PSA, which is a prohibited transaction and will VOID any purported the conveyance) . According t0 the Internal Revenue Code 860G. All of a a REMIC’s Loan ( REMIC standsfor Real Esmte Investment Conduits. a product Q/‘I 986_/éderal tax legislation usedfor the pooling 0f mortgage loans and issuance Qfmorlgage backed securities) “All 0f a REMIC’S loans must be acquired on the startup day of the REMIC or within three months thereafter”. Any contribution 0f an asset (other than cash that is contributed to the REMIC after the Startup Day (0r within the allowable 9O day window) is deemed an “unqualified 0r prohibited contribution" and can cause the entire REMIC Trust t0 lose its tax-free status which would be catastrophic to the Trust cash flow would be subjected t0 double-taxation or at a minimum. the prohibited transaction is taxed at 100% to the Trust. For this reason. all parties serving as agents for the Trust must strictly adhere t0 the guidelines and conveyance clauses which would result in double taxation 0n all trust income. or at the very least. subject the Trust to 100% tax 0n any and all prohibited transactions. In the instant case, Defendants could not produce any valid timely cogvevance td begin with. as it would be highly impossible. among other reasons. that the pooled assets on the Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 176 of 311 (A) Ln subject loan would be conveyed to the trust because there were inconsistencies of the date when Plaintiff executed the original loan with WASHINGTON MUTUAL and that the cutoff date for conveyance 0f pooled asset into the trust under the corresponding PAA' indicated, even when JPMORGAN CHASE may have allegedly succeeded in interest. The additional hard evidence to support this was not discovered until recently so that Plaintiff will conduct discovery procedures on Defendants among others the production of the Pooling and Service Agreement, the Underwriting Agreement. Assignment 0f Deed of Trust. among others. In the case 0f fraudulent transaction. it is well settled in California as in the case of Trout v. Trout (I 934). 22!) ('ul 652 ul 656 wherein: “Numerous authorities have established the rule that an instrument wholly void. such as undelivered deed. a forged instrument 0r a deed in blank. cannot be made foundation of good title. even under the doctrine 0f bona fide purchase. Also it is the general rule that "courts havq power t0 vacate a foreclosure sale where there has been fraud in the procurement 0f the foreclosure decree 0r where the sale has been improperly, unfairly or unlawfully conducted or tainted by fraud. 0r where there has been such a mistake to allow it t0 stand would be inequitable to purchase and parties" ( Angels Inc v StuarLWrrigl Mortgage Inc (2001) 85 Cal App 4'” 1279 at 1286). On securitization cases. which is also the case at bar. it would be appropriate t0 cite a recent conclusionary order by an Alabamajudge in the case of Horace vs. La Salle Bank National Association , ('ase N0 3:2008cv0/019. (M. D. Ala. 2009) wherein it was determined that Defendant La Salle Bank did not comply with the New York Law in attempting t0 obtain assignment of‘Plaintiff‘s Horace note and mortgage . This is also another newly discovered secondary source of law that can support Plaintiff s position. The court also found as surprised to the point ofastonishment that LaSalle Bank NA did not comply with the terms of its own Pooling and Servicing Agreement. Indeed without such Pooling and Servicing Agreement, any beneficiary . Irustor or trustee similarly situated would obtain defective legal interests. Such is also the analogy in the case at bar whereby LA SALLE BANK, which Defendant claim t0 succeed in interest did not comply with the New York in obtaining assignment which will U1 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 177 of 311 10 11 12 13 break further chain 0f assignment (s) t0 Defendants. so that any subsequent transactions will not pass any equitable nor legal interests to any successors . Moreover, in another non-Califomia case Schwed vs. US. Bank NA (ED. M0 12-3-2010 ) ('ase N0. 4:10.('V 1580 (DP. the court determine that it was not clear who U.S. BANK NA was a successor to since Wachovia Bank, NA Pooling and Servicing Agreement dated as 0f November 1. 2004 Asset Backed Pass Through Certificate Series 2004-WWF1 does not appear t0 refer 10 an entity who could be a trustee or security holder, but rather appears to an agreement 0f some sort. More importantly. there is nothing in the record t0 show how US Bank, Wachovia Bank or Pooling and Servicing Agreement dated as 0f Novemebr 2, 2004 came to be the holder of the Note. This is very analogous to the case at bar. Here, Plaintiff asserts that Defendant U.S. BANK, Alleged SUCCESSOR IN INTEREST TO LA SALLE BANK, NA AS TRUSTEE ON BEHALF OF WAMU MORTGAGE PASS THROUGH CERT SERIES 2007-OA6 came from nowhere and without transfer documentation links. . There are more new facts . circumstances and law that came to light which will be presented on the hearing of this Motion. For one. among others. the Purchase and Assumption Agreement relied upon by JPMORGAN CHASE will be presented with no indicative reference of the subject loan on the subject property at 1588 Calco Creek Road, San Jose Ca, 95127.. MEMORANDUM 0F POINTS AND AUTHORITIES CCP 1008 ALLOWS FOR MOTION FOR RECONSIDERATION The California Code 0f Civil Procedure 1008 states as follows: (a) When an application for an order has been made to ajudge . or to acourt, and refused in whole or in part. or granted, 0r granted conditionally. or on terms been any party affected by the order may within 10 days afier service upon the party of written notice 0f entry of the order, and based upon new or different facts. circumstances or law. make application to the same judge 0r Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 178 of 311 10 11 12 [‘3 L )1 court that made the order to reconsider the matter and modify and amend 0r revoke the prior order. .THE IMPACT DEVELOPMENTS AFFECTING FORECLOURE The mortgage market has significantly and unprecedentedly changed in recent years in that several lending and mortgage bank institutions implemented deceptive schemes through misleading marketing practices. predatory lendings and document irregularities on conveyances and assignments of mortgages. The consequences 0f these fraudulent irregularities have created a major impact 0n the economy. In California alone. the total cost of the foreclosure crisis to homeowners. the property tax base and local governments have added up to $650 billion and possibly reach.as much $1 trillion. The fallout from nationwide foreclosures has engulfed middle class communities across the country Major state legislation bills have found its way to alleviate the financial turbulence mainly affecting homeowners. Unprecedented lawsuits in the mortgage mess has flooded the courts brought by all parties and players involved in the so called biggest bubble in American history. Although many were apparently settled, yet they seem to be out 0f the radar as being confidential. The Congressional Oversight Panel emphasized that lenders and servicers should and could not foreclose unless they are compliant with applicable laws. Likewise, the Robo-signing activities by banks and lenders have just recently emerged and still subject to investigation, under scrutiny by courts and federal regulators. It is believed that the signing irregularities which are crucial part of this controversy are n01 mere procedural technicalities but are fatally inherent in the securilization which may not be cured. Ongoing investigations and recent findings on these robo-signing controversies have created significant legal repercussions against mortgage lenders and banks securitization and foreclosure documents. As regards new facts on the robosigning of COLEEN IRBY. the alleged Signor on the Assignment of Deed of Trust dated November 4. 2010, purportedly trasferring interest by JPMORGAN CHASE t0 BANK OF AMERICA, (merged with LA SALLE BANK) was found to be a notorious robosignor pretending t0 be an Officer 0f JPMORGAN CHASE as she was Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 179 of 311 kn “n 10 ll 12 l3 14 18 19 20 21 23 24 25 actually an employee of CALIFORNIA RECONVEYANCE. New corroborating proof will be presented in this regard. It is noteworthy to revisit the Multistate/federal settlement between the state attorney generals and the five leading mongage servicers will result in an approximately $25billion dollars in mopetary sanctions and relief. The settlement represents the largest settlement in history that will enable hundreds 0f thousands of distressed homeowners stay in their home through enchance loan modifications. The negotiations that led on this settlement focused on robosigning and mortgage servicing misconducts. In the present case. n0 trial date has been set and Plaintiff will still pursue discovery on the defendants such as Request for Production of Documents and Request for Admissions, among others. which Defendants have been trying to avoid which Plaintiff could be able to prove. From all the foregoing. it appears that Plaintiff will likely prevail and that Preliminary Injunction 0n Defendants unlawful foreclosure activities should be granted. CONCLUSION Therefore it is in the interest of justice that Plaintiff respectfully move to reconsider the order made 0n August 2. 2019 by the herein court denying Plaintiffs motion of preliminary injunction and that the foreclosure activities by Defendants on the property, located at 1588 Calco Creek Drive. San Jose. CA. 95127. be enjf i ed.. RAVLPH BAIEALrPlaintiff]‘krPropL Date: August 8, 2019 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 180 of 311 10 11 12 13 14 15 16 17 l8 19 24 25 true and correct . DECLARATION OF PLAINTIFF RALPH B. NEAL I. Ralph B. Neal, Plaintiff in the herein action d0 hereby declare . That I am the Plaintiff in the herein case filed in the Santa Clara County Superior Coun. . That I filed a Motion for Preliminary Injunction which was heard on July 23, 2019 in Depanment 10. . That my Motion for Preliminary was denied by Judge Helen Williams with an Order dated August 2. 2019. (Attached) . That during the hearing. I was not given sufficient time to present evidence to show why my case is likely to prevail 0n the merits. . That regardless, there are new facts and circumstances and law that can be shown in the next hearing for Motion for Reconsideration. . That I look forward that I can be able t0 have sufficient time t0 present my argument Should the court deem necessary aside from the pleadings and this motion l declare under penalty 0f p 'ury under the State of California that the foregoing is RAL H B. NEAL. Y Plaintiff/Declarant ‘\ Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 181 of 311 ATTACHMENT Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 182 of 311 VOGOQQMwafi-i N p-nr-Ar-Ih-oo-tb-nr-H gggak’gBt-{c53qa‘mawm-‘o WRIGHT, FINLAY & ZAK, LLP F i L E DG H. Rib , Es ., SBN 188024 .we" at q AUG 0:5 2019James R. Ramos, Esq., SBN 252916 4665 MacArthur Court, Suite 200 Newport Beach, CA 92660 4 smash Of awcotoslfltta Clara Telephone: (949) 477-5050; Facsimile: (949) 477-9200 av - EPUTV Attorneys for Defendants, L A SELECT PORTFOLIO SERVICING, 1NC.; and US BANK NA,- SUCCBSSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST T0 LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-TfROUGH CERTIFICATES SERIES 2007-OA6, erroneously sued herein as “U.S. Bank NA, Successor in Interest to La Salle Bank, NA as Trustee on Behalfof the Holders of the WAMU Mortgage Pass Through Certificates Series 2007-0A6”. SUPERIOR COURT 0F CALIFORNIA COUNTY OF SANTA CLARA - CIVIL RALPH B. NEAL, Case No. 19CV349019 Plaintiffs, 'WORDER DENYING vs. PLAINTIFF’S MOTION FOR PRELHVIINARY INJUNC’I'ION FIRST AMERICAN TITLE INSURANCE CO; U.S. BANK NA, SUCCESSOR 1N INTEREST T0 LA SALLE BANK, NA AS Date: July 23, 2019 TRUSTEE 0N BEHALF OF THE Time: 9:00 a.m. HOLDERS OF THE WAMU MORTGAGE Dept: 10 PASS THROUGH CERTIFICATES SERIES 2007-0A6; JP MORGAN CHASE; SELECT PORTFOLIO SERVICING, INC; AND DOES 1-20, inclusive Defendants. TO ALL PARTIES AND THEIR ATTORNEYS 0F RECORD, IF ANY: The Motion for Preliminary Injunction ofPlaintiffRalph B. Neal came on for hearing on July 23, 20l9, at 9:00 am. in Department 10 of this Court, the Honorable Helen E. Williams, Judge Presiding. Plaintiff Ralph B. Neal appeared in pm per. Charles (5. McKenna, Esq, appeared on behalf of Defendants and Opposing parties SELECT PORTFOLIO SERVICING, INC. (“SPS”) and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA 1MOWERDENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION L Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 183 of 311 OWQONM-ADJNH NNNNNNNNN mqmuawuuo3533335'fizg SUCCESSOR IN INTEREST T0 LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-0A6 (erroneously sued herein as “U.S. Bank NA, Successor in Interest to La Selle Bank, NA as Trustee on Behalf of the Holders of the WAMU Mortgage Pass Through Certificates Scriw 2007-OA6”). The Court, upon the briefing and arguments of the parties, finds that Plaintiff has not alance of harms. Accordingly, 0 ORDERED. made a sufficient showing of prevailing on the merits or th IPlaintiff‘s Motion for Preliminary Injunction is denied. r! i Imus 3f:the Superior Court :Hon. Helen E. Wflfiams 2 WEED) ORDER DENYING PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 184 of 311 o SUPERIOR COURT 0F CALIFORNIA COUNTY 0F SANTA CLARA I L E D DOWNTOWN COURTHOUSE AUG 01905.5 2 191 Noun FIRSTSTREBT Smjost, CALIFORNIA 951 13 CIVIL DIVISION RE: Ralph Neal vs First American Tltle Insurance Co. et al Case Number. 196V349019 PROOF 0F SERVICE ORDER DENYING PLAINTIFF's MOTION FOR PRELIMINARY INJUNCTION was delivered to the parties listed below the above entitled case as set forth in the sworn declaration below. If you, a party repmsenled by you. ot a Miness to be celled on behalf of that pany need an accommodation under the Amerlan with Disabilities Ad, pIease contact the Coon AdministrMor’s office's! (408) 882-2700. or use the Court's TDD llne (408) 882-2690 or the VolcelTDD Callfomla Relay SaMoe (BOO) 735-2922. DECLARATION 0F SERVICE BY MAIL: I dedate that I sewed this notice by enclosing a true copy In a sealed envelope. addressed to each person whose name is shown below. and by depositing the envebpe with postage Mly ptepald. In the United Siales Mai at San Jose.CA on August 05, 2019. CLERK OF THE COURT. by Ismael Armenia. Deputy. co: Ralph B Neal 1588 Calco Creel Dr SAN JOSE CA 95127 James Jose Ramos Wright Finlay 8- Zak LLP 4665 MacArthur Court Suite 280 Newport Beach CA 92707 cw-so27 REV12/oa/16 PROOF OF SERVICE Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 185 of 311 U1 \J 1 (:1 11 12 l3 l4 FILED AUG 1 22019W I «IQ £9 do hereby declare Mam _LN- »% I“, PROOF OF SERVICE . That l am over the age of l8 and a resident and employed in San Jose, Santa\€lara County. That on August 9. 2019. I served the Defendants the following: NOTICE OF MOTION; MOTION FOR RECONSIDERATION 0N ORDER DENYING PRELIMINARY INJUNCTION; MEMORANDUM POINTS ANDE AUTHORITIES: DECLARATION OF RALPH B. NEAL, by placing said documents in a self addressed stamped envelope through the US. Postal Servicé to: WRIGHT, FINLAY & ZAK, LLP Gwen H. Ribar, Esq James R. Ramos, Esq 4665 MacArthur Court, Ste 200 Newport Beach, CA 92660 I declare under penalty of California. that the foregoing is true and correct. fiw Executed at: San Jose. CA on: August 9. 2019 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 186 of 311 ' Mongn: For ‘rec.on5|d-er_at|0n.0rder A i '9Cv349019 C se Name: ___ denymggehmmary Injunction Case 1,4,; 1 Your Name RALPH B. NEAL 1588 Calco Creek Drive 2 qur Address: San Jose.-CA 95127 ,. , "M(168)'219-1188 4 YdurF'honeNurnbsr. 5 Eétf-Represented YES __w____r u ‘_W” _____._.~._, 7 SUPERIOR COURT OF CALIFORNlA COUNTY OF SANTA CLARA 8 CIVIL D!VIS{ON 9 10 Case No.‘._______l9CV349019________ 11 RALPH B. NEAL, ‘ PLEADING TITLE: i . NQ'J‘ICE 0r MOTION; MOTION FOR 12 Plaintiff , RECONQIDFRATION 0N anFR nFNvmn PRELIMINARY INJUNCTION; MEMORANDUM 0F 13 And POINTS AND AUTHORITIES 1N SUPPORT 0F MUI IUN; l)hU./\I
UJNHO©OOQONUIJ>WNHO Electronically Filed WRIGHT, FINLAY & ZAK, LLP . Gwen H. Ribar, Esq, SBN 188024 gifxtfiegfgacngggacp" James R. Ramos, Esq., SBN 252916 on 8/22/2019 8:21 AM ’ 4665 MacArthur Court, Suite 200 Reviewed By: S_ Crabtree Newport Beach, CA 92660 (Neal II) case #1 9CV34901 9 Telephone: (949) 477-5050; Facsimile: (949) 477-9200 Envelope. 3295597 Attorneys for Defendants, SELECT PORTFOLIO SERVICING, INC.; and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS- THROUGH CERTIFICATES SERIES 2007-OA6, erroneously sued herein as “U.S. Bank NA, Successor in Interest t0 La Salle Bank, NA as Trustee 0n Behalf of the Holders 0f the WAMU Mortgage Pass Through Certificates Series 2007-OA6”. SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA - CIVIL RALPH B. NEAL, Case N0. 19CV349019 Plaintiffs, OPPOSITION OF DEFENDANTS vs. SELECT PORTFOLIO SERVICING, INC. and US BANK FIRST AMERICAN TITLE INSURANCE NA, SUCCESSOR TRUSTEE TO CO; U.S. BANK NA, SUCCESSOR IN PLAINTIFF’S MOTION FOR INTEREST TO LA SALLE BANK, NA AS RECONSIDERATION TRUSTEE ON BEHALF OF THE HOLDERS OF THE WAMU MORTGAGE Hearing: PASS THROUGH CERTIFICATES SERIES Date: September 27, 2019 2007-OA6; JP MORGAN CHASE; SELECT Time: 9:00 am. PORTFOLIO SERVICING, INC; AND Dept: 9 DOES 1-20, inclusive Defendants. TO ALL PARTIES HEREIN AND THEIR ATTORNEYS OF RECORD: Defendants SELECT PORTFOLIO SERVICING, INC. (“SPS”) and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA6 (“the Trust”) -1- OPPOSITION TO PLAINTIFF’S MOTION FOR RECONSIDERATION Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 189 of 311 ©OOQONLh-bWNr-A NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI4>UJNHO©OOQONUIJ>WNHO (hereinafter, SPS and the Trust shall sometimes be referred t0 collectively as “Defendants”) hereby oppose Plaintiffs Motion for Reconsideration (“Motion”) as follows: I. INTRODUCTION There is nothing new 0r different introduced by Plaintiff in his Motion. There is n0 new law 0n Which Plaintiff can hang his hat, as the most recent authority 0n Which the Motion relies is from nine years ago. Nor are there any new facts that justify reconsideration. Indeed, the events Plaintiff looks to as justification for his Motion occurred in 2010 (and said facts served as the foundation of Plaintiff’s original application for injunction). In the absence 0f anything new or different, there is n0 reason for the Court to reconsider its order denying the injunction. Notwithstanding the above, the fact remains that Plaintiff’s Motion does nothing t0 salvage his defective Causes of Action anyway. Plaintiff does not have standing under California law to attack the assignment 0f his loan. Moreover, his mere conclusions of law are insufficient t0 state a Viable Cause of Action, much less satisfy his burden t0 show that he stands a likelihood of prevailing on the merits of his claims. As such, Plaintiff’s Motion must be denied. II. FACTS On June 17, 2019, Plaintiff filed a Complaint Which alleged that Defendants lacked standing to initiate a foreclosure against that certain real property located at 1588 Calco Creek Drive, San Jose, CA (the “Property”). Even though his loan was more than ten years past due, Plaintiff reasoned that a foreclosure was nevertheless wrongful because his mortgage loan was improperly assigned. In conjunction with his suit, Plaintiff sought to enjoin the foreclosure. On July 23, 2019, this Court denied Plaintiff’s Application for Preliminary Injunction after it found that Plaintiff could not establish the probable validity of his claims. III. ANALYSIS A. There are N0 New 0r Different Facts 0r Law t0 Support Plaintiff’s Motion. Under Code of Civil Procedure §1008, a party may apply for reconsideration provided -2- OPPOSITION TO PLAINTIFF’S MOTION FOR RECONSIDERATION Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 190 of 311 ©OOQONLh-bWNr-A NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI4>UJNHO©OOQONUIJ>WNHO the application is “based upon new 0r different facts, circumstances, 0r law. . .” 1. There is N0 New Law Warranting this Motion. Even a cursory review of Plaintiff’ s Motion and the declaration in support thereof confirms that neither cites t0 any new legal authority. T0 the contrary, the latest case law t0 Which Plaintiff’ s Motion cites is from 2010.1 In the absence 0f any new law, Plaintiff’s Motion fails. 2. There are N0 New Facts or Circumstances Warranting this Motion. With respect t0 a Motion for Reconsideration, “facts of Which the party seeking reconsideration was aware at the time of the original ruling are not “new or different.” In re Marriage ofHerr, (2009) 174 Cal.App.4th 1463, 1468. "'Public policy requires that pressure be brought upon litigants t0 use great care in preparing cases for trial and in ascertaining all the facts... When the requirement of section 1008 that the application for reconsideration be upon an "alleged different state 0f facts" is Viewed in light of this public policy, it is evident that the party seeking reconsideration must provide not only new evidence but also a satisfactory explanation for the failure t0 produce that evidence at an earlier time. In short, the moving party's burden is the same as that of a party seeking new trial 0n the ground 0f "newly discovered evidence, material for the party making the application, which he could not, With reasonable diligence, have discovered and produced at the trial." ( Code CiV. Proc., § 657, subd. 4.) (Blue Mountain Development C0. v. Carville (1982) 132 Cal.App.3d 1005, 1012-1013 (disapproved 0n other grounds) (emphasis added). The “factual” events which Plaintiff points to as grounds for his Motion all occurred when the Assignment of Deed 0f Trust was recorded in the public record in 2010.2 Plaintiff was readily aware of these “facts” at the time of the June 17, 2019 hearing (and, in fact, they served as the basis of his Application for Injunction). As such, there is nothing new about them. /// /// 1 See Plaintiff s Motion, Page 6. 2 See Plaintiff’ s Motion, in general. -3- OPPOSITION TO PLAINTIFF’S MOTION FOR RECONSIDERATION Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 191 of 311 ©OOQONLh-bWNr-A NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI4>UJNHO©OOQONUIJ>WNHO B. The “New Facts” Do Nothing to Salvage Plaintiff” s Case Anyway. As noted above, none of Plaintiff’s “new” facts should be considered now because there is nothing that is new 0r different. Nonetheless, the fact remains that none 0f Plaintiff’s “new” facts salvage his defective claims anyway. Here, Plaintiff spends considerable time arguing that the assignment of his loan was done in contravention 0f Defendants’ own pooling & servicing agreement (“PSA”) and/or was robo-signed. However, neither allegation supports his request for an injunction. 1. Plaintiff” s Mere Conclusions of Law Are Not Sufficient t0 State a Viable Cause of Action, Much Less Satisfy His Burden to Show a Probability 0f Prevailing. The moving party Whom bears the burden 0f showing the probability of success of his pending claims. Robbins v. Superior Court, (1985) 38 Cal.3d 199, 206. Plaintiff did not satisfy his burden to show his claims were probably valid. Instead, he offered up only his own self-serving conclusions 0f law (which are insufficient t0 even state a Viable Cause 0f Action, much less establish a probability 0f success. Logan v. Southern Cal. Rapid Transit Dist, (1982) 136 Cal.App.3d 116, 126). In his Motion, rather than supplement his convenient conclusions with evidence, Plaintiff merely offers up additional unsupported conclusions. In the absence of any actual evidence, Plaintiffs mere conjecture that his loan was not properly assigned t0 Defendants and/or that the assignment was robo-signed was not enough t0 satisfy his burden t0 show that his claims were probably valid. 2. Plaintiff Lacks Standing to Challenge the Loan Assignment Anyway. In California, a wrongful foreclosure plaintiff does have standing t0 “Challenge an assignment to the foreclosing entity as void.” Yvanova v. New Century Mortgage, (2016) 62 Ca1.4th 919, 942-943. However, Where the assignment in question would be rendered voidable, the borrower-plaintiff lacks standing to wage such a challenge. Saterbak v. JPMorgan Chase Bank, N.A. (2016) 245 Cal.App.4th 808, 815. In his Motion, Plaintiff doubles down 0n his conclusion that his loan was improperly assigned (in Violation 0f the PSA) and/or robo-signed. But, neither conclusion saves his case. In California, a borrower alleging an improper assignment has standing t0 d0 so only -4- OPPOSITION TO PLAINTIFF’S MOTION FOR RECONSIDERATION Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 192 of 311 ©OOQONLh-bWNr-A NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI4>UJNHO©OOQONUIJ>WNHO if he alleges facts showing that said assignment was void. Jenkins v. JP Morgan Chase Bank, N.A., (2013) 216 Cal.App.4th 497, 513; See also Siliga v. Mortgage Electronic Registration Systems, Inc. (2013) 219 Cal.App.4th 75, 82; Kan v. Guild Mortgage Company (2014) 230 Cal.App.4th 736, 749. Unfortunately for Plaintiff, the law is well-settled: allegations of unlaWfiJI assignments, securitization 0f the promissory note 0r deed 0f trust 0r robo-signing d0 not confer standing 0n a borrower because such defects do not suggest that the instruments are void. Mendoza v. JPMorgan Chase, N.A. (2016) 6 Cal.App.5th 802, 815; See also Saterbak v. JPMorgan Chase Bank, N.A. (2016) 245 Ca1.App.4th 808, 815; Yhudai v. IMPAC Funding Corp, (2016) 1 Cal.App.5th 1252, 1259; Kan, supra, 230 Ca1.App.4th at p.743-744. Thus, this Court properly denied Plaintiff’ s application for injunction. 3. Plaintiff Cannot Preempt the Noniudicial Foreclosure Process Anyway. This Court correctly denied Plaintiff’s application for an injunction because the law does not allow for Plaintiff t0 preempt the non-judicial foreclosure process. The comprehensive legal framework governing nonjudicial foreclosures is found in California Civil Code Sections 2924 - 2924i and was intended t0 be exhaustive. Moeller v. Lien, 25 Cal. App. 4th 822, 834 (1994); see also Homestead Sav. v. Darmiento, 230 Cal. App. 3d 424, 432-433 (1991). That exhaustive statutory scheme simply does not provide for a judicial action t0 determine Whether the person initiating the foreclosure process is indeed authorized. Games v. Countrywide Home Loans, Ina, (2011) 192 Cal.App.4th 1149, 1155. As a result, “California Courts have refused to delay the non-judicial foreclosure process by allowing trustor-debtors to pursue preemptive judicial actions t0 challenge the right, power, and authority of a foreclosing “beneficiary” 0r beneficiary’s “agent t0 initiate and pursue foreclosure. . .” Debrunner v. Deutsche Bank National Trust C0,, (2012) 204 Cal.App.4th 433, 440-442; Games, supra. Plaintiff’s efforts t0 enjoin the foreclosure sale are n0 different than the failed efforts of the plaintiff in Games. But, as the Court in Games made clear, a borrower may not bring such an action prior to the foreclosure sale. Plaintiff’s Motion offers no facts 0r law which -5- OPPOSITION TO PLAINTIFF’S MOTION FOR RECONSIDERATION Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 193 of 311 ©OOQONLh-bWNr-A NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI4>UJNHO©OOQONUIJ>WNHO would justify the Court deviating from the rule 0f law in Games. As such, Plaintiffs Application for an Injunction was properly denied. IV. CONCLUSION For the reasons set forth above, the Court must deny Plaintiffs Motion for Reconsideration. Dated: August 22, 20 1 9 By: -6- Respectfully submitted, WRIGHT, FINLAY & ZAK, LLP s/James J. Ramos, Esq. Gwen H. Ribar, Esq. James J. Ramos, Esq. Attorneys for Defendants, SELECT PORTFOLIO SERVICING, INC.; and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA6. OPPOSITION TO PLAINTIFF’S MOTION FOR RECONSIDERATION Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 194 of 311 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I, Barbara Espinoza, declare as follows: I am employed in the County of Orange, State of California. I am over the age 0f eighteen (18) and not a party to the Within action. My business address is 4665 MacArthur Court, Suite 200, Newport Beach, California 92660. I am readily familiar with the practices of Wright, Finlay & Zak, LLP, for collection and processing of correspondence for mailing with the United States Postal Service. Such correspondence is deposited With the United States Postal Service the same day in the ordinary course of business. I am aware that on motion 0f party served, service is presumed invalid if postal cancellation date 0r postage meter date is more than one day after date 0f deposit for mailing in affidavit. On August 22, 2019, I served the Within OPPOSITION OF DEFENDANTS SELECT PORTFOLIO SERVICING, INC. and US BANK NA, SUCCESSOR TRUSTEE TO PLAINTIFF’S MOTION FOR RECONSIDERATION on all interested parties in this action as follows: [X] by placing [ ] the original [X] a true copy thereof enclosed in sealed envelope(s) addressed as follows: Ralph B. Neal 1588 Calco Creek San Jose, CA 95127 Tel.: (408) 219-1 188 Plaintiff In Pro Per [] (BY MAIL SERVICE) I placed such envelope(s) for collection t0 be mailed 0n this date following ordinary business practices. [] (BY PERSONAL SERVICE) I caused personal delivery by ATTORNEY SERVICE of said document(s) t0 the offices 0f the addressee(s) as set forth on the attached service list. [ ] (BY FACSIMILE) The facsimile machine I used, With telephone no. (949) 477-9200, complied With California Rules 0f Court, Rule 2003, and no error was reported by the machine. Pursuant t0 California Rules 0f Court, Rule 2006(d), I caused the machine t0 print a transmission record 0f the transmission, a copy 0f which is attached to the original Proof 0f Service. [X] (BY FEDERAL EXPRESS OVERNIGHT- NEXT DAY DELIVERY) I placed true and correct copies thereof enclosed in a package designated by Federal Express Overnight With the delivery fees provided for. [ ] (BY ONE LEGAL FILE AND SERVE) I caused the above document(s) t0 be e-served through One Legal File and Serve t0 the recipient(s) on the above-referenced address and/or attached service list. [X] (STATE) I declare under penalty 0f perjury under the law of the State of California that the foregoing is true and correct. Executed 0n August 22, 2019, at Newport Beach, California. s/Barbara Espinoza Barbara Espinoza 1 PROOF OF SERVICE Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 195 of 311 1QCV34901 9 Santa Clara - Civil ATTORNEY F0R(~ame): Select Portfolio Servicing; US BANK NA Successor Trustee SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara STREET ADDRESS: 191 N. First Street MAILING ADDRESS: Same CITY AND ZIP CODE: San Jose 951 13 BRANCH NAME: Civil PLAINTIFF/PETITIONER: RALPH B. NEAL DEFENDANT/RESPONDENT: FIRST AMERICAN TITLE INSURANCE, et al. Case #1 9CV34901 9 Envelope: 3366771 memg stem MTORNEY OR PARTY WITHOUT ATTORNEY (Name. State Bar number, and address): FOR COURT USE ONLY WR'GHT' F'NLAY 8‘ ZAKv LLP Electronically Filed James J. Ramos, Esq., SBN 252916 by Superior Court of CA 4665 MacArthur Court, Suite 200, Newport Beach, CA 92660 county of Santa Clara, ’ TELspHoNE ~o.: 949/477-5050 FAx No. (Optional): 949/608-9142 on 9/9/201 9 3:23 pM EMAILADDRESS(Optional):jramos@wrightlegal.net Reviewed By: system System Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): James J. Ramos, Esq. CASE MANAGEMENT STATEMENT CASE NUMBER (Check one): UNLIMITED CASE D LIMITED CASE 190V34901 9 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: October 1, 2019 Time: 1:30 p.m. Dept.: 9 Div.: Room: INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. D This statement is submitted by party (name): b. This statement is submitted jointly by parties (names): Select Portfolio Servicing; US Bank NA, Successor Trust 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): 06/1 7/1 9 b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. E All parties named in the complaint and cross-complaint have been sewed. have appeared, or have been dismissed. b. E The following parties named in the complaint or cross-complaint (1) E have not been served (specify names and explain why not): (2) E have been served but have not appeared and have not been dismissed (Specify names): (3) E have had a default entered against them (specify names): c. E The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case 8- Type 0f case in complaint E cross-complaint (Describe, including causes of action): Cancellation of Notice of Default (dated 05/30/19) and Related Foreclosure Documents; Revocation of Void Assignments; Declaratory Relief on Pooling and Servicing Agreement; lnjunctive Relief Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Coun, Judicial Council of Calitornia CASE MANAGEMENT STATEMENT rules 3120-3730 CM-1 10 [Rev. July 1. 201 1] www.courts.ca.gav Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 196 of 311 CM-110 PLAINTIFF/PETITIONER: RALPH B. NEAL ' CASENUMBER:_ 190v349019 DEFENDANT/RESPONDENT; FIRST AMERICAN TITLE INSURANCE, et aI. 4. b. Provide a brief statement of the case, including any damages. (prersonal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiff reasons that. even though his loan is years in default, a foreclosure would nevertheless be improper because his loan was not properly assigned. But, Plaintiff lacks standing to attack the validity of the assignment. E (Ifmore space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request a jury trial E a nonjury trial. (Ifmore than one patty, provide the name of each party requesting a jury tn'al): 6. Trial date a. E The trial has been set for (date): b. No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 1'3 b. E hours (short causes) (specify): 8. Trial representation (to be answered for each pan‘y) The party or parties will be represented at trial E by the attorney or party listed in the caption E by the following: a. Attorney: b Firm: c Address: d. Telephone number: f. Fax number: e E-mail address: g. Party represented:E Additional representation is described in Attachment 8. 9. PreferenceE This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: CounselD has has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: PartyE has E has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) D This matter is subéect to mandatoryjudicial arbitration under Code of Civil Progedure section 1141 .11 or to civil action mediatior: under ode of Civil Procedure section 1775.3 because the amount In controversy does not exceed the statutory imit. (2) E Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141 .1 1. (3) E This case is exempt from judicial arbitration under rule 3.811 ofthe California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-110[Rev. July 1, 2011] CASE MANAGEMENT STATEMENT PageZofS Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 197 of 311 CM-110 PLAINTIFF/PETITIONER: RALPH B_ NEAL DEFENDANT/RESPONDENTZ FIRST AMERICAN TITLE INSURANCE, et al. CASE NUMBER: 1QCV34901 9 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in. or have already participated in (check all that apply and provide the specified infonnation): The party or parties completing this form are willing to participate in the following ADR processes (check all that apply): If the party or parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties'ADR stipulation): (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (5) Binding private arbitration Private arbitration not yet scheduled Private arbitration scheduled for (date): Agreed to complete private arbitration by (date): Private arbitration completed on (date): (6) Other (specify): DUDE DUDE DUDE DUDE DUDE DUDE ADR session not yet scheduled ADR session scheduled for (date): Agreed to complete ADR session by (date): ADR completed on (date): CM-1 1o (Rev. JuIy 1. 201 1] Page 3 of 5CASE MANAGEMENT STATEMENT Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 198 of 311 CM;1_1_0. PLAINTIFF/PETITIONER: RALPH B, NEAL CASE NUMBER: DEFENDANT/RESPONDENT; FIRST AMERICAN TITLE INSURANCE, et al. 190V349°19 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: E Yes D No c. E Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.D Bankruptcy E Other(specify): Status: 13. Related cases, consolidation, and coordination a_ E There are companion. underlying. or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:E Additional cases are described in Attachment 13a. b. E A motion to E conSOIidate E coordinate will be filed by (name party): 14. BifurcationE The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions The party or parties expect to file the following motions before trial (specify moving party, type ofmotion, and issues): MSJ; Summary Adjudication. 16. Discovery a. E The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Pam Description Date Select Portfolio Servicing, |nc.; US BANK Written Discovery TBD Select Portfolio Servicing, Inc.; US BANK Oral Discovery TBD c, E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-"WRW Ju'v 1' 2°“! CASE MANAGEMENT STATEMENT Pag°4°fs Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 199 of 311 CM-110 PLAINTIFF/PETITIONER: RALPH B. NEAL CASE NUMBER? DEFENDANT/RESPONDENT; FIRST AMERICAN TITLE INSURANCE, et al. 1QCV349019 17. Economic litigation a.E This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b.E This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues The party or parties request that the following additional matters be considered or determined at the case management conference (specify): Defendants' Demurrer set to be heard on November 7, 2019. 19. Meet and confer a. The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (ifnot, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): l am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution. as well as other issues raised by this statement. and will possess the authority to enter into stipulations on thgse issues at the time of the case management conference. including the written authority of the party where required. Date: September 10, 2019 James J. Ramos, Esq. /-/ (TYPE OR PRINT NAME) \ (SIGNA‘EU 0F PA TY OR ATTORNEY) “" (TYPE 0R PRINT NAME) \ (SIGNATURE OF PARTY OR ATTORNEY) Addit onal s res are attached. Page 5 of 5W” IR“ MY 1- 2m" CASE MANAGEMENT STATEMENT Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 200 of 311 \oooqoxuuawm._. NNNNNNNNNi-‘p-Ap-ub-A-Ip-‘p-It-Hp-a OONOM-RWNHOOOOQQMAWNHO PROOF OF SERVICE I, Barbara Espinoza, declare as follows: I am employed in the County of Orange, State of California. I am over the age of eighteen (18) and not a party to the within action. My business address is 4665 MacArthur Court, Suite 200, Newport Beach, California 92660. I am readily familiar with the practices of Wright, Finlay & Zak, LLP, for collection and processing of correspondence for mailing with the United States Pos'tal Service. Such correspondence is deposited with the United States Postal Service the same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. On September 9, 2019, I served the within CASE MANAGEMENT STATEMENT on all interested panies in this action as follows: [X] by placing [ ] the original [X] a true copy thereof enclosed in sealed envelope(s) addressed as follows: Ralph B. Neal 1588 Calco Creek San Jose, CA 95127 Tel.: (408) 219-1 188 Plaintiff In Pro Per [X] (BY MAIL SERVICE) I placed such envelope(s) for collection to be mailed on this date following ordinary business practices. [] (BY PERSONAL SERVICE) I caused personal delivery by ATTORNEY SERVICE 0f said document(s) to the offices of the addressee(s) as set forth on the attached service list. [] (BY FACSIMILE) The facsimile machine I used, with telephone no. (949) 477-9200, complied with California Rules of Court, Rule 2003, and no error was reported by the machine. Pursuant to California Rules of Court, Rule 2006(d), I caused the machine to print a transmission record of the transmission, a copy of which is attached to the original Proof of Service. [ ] (BY FEDERAL EXPRESS OVERNIGHT- NEXT DAY DELIVERY) I placed true and correct copies thereof enclosed in a package designated by Federal Express Overnight with the delivery fees provided for. [ ] (BY ONE LEGAL FILE AND SERVE) I caused the above document(s) to be e-served through One Legal File and Serve to the recipient(s) 0n the above-referenced address and/or attached service list. [X] (STATE) I declare under penalty 0f perjury under the law of the State of California that the foregoing is true and correct. Executed o tember9:201 9, at Newport Beach, California. g5” WW Barbara Espinoza / 1 PROOF OF SERVICE Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 201 of 311 10 ,4 “a 12 RALPH NEAL 1588 Calco Creek Drive San Jose. CA 95127 Tel: (408)219-1 188 Plaintiff in Proper SUPERIOR COURT OF CALIFORNIA SANTA CLARA COUNTY Unlimited Jurisdiction RALPH B. NEAL. Plaintiff, vs. FIRST AMERICAN TITLE CO; U.S. BANK NA. SUCCESSOR [N INTEREST TO LA SALLE BANK. NA. AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS THROUGH CERTIFICATES SERIES 20()7-OA6; JP MORGAN CHASE: SELECT PORTFOLIO SERVICING.- INC: and DOES 1-20. inclusive. Defendants ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Civil Case No. 19CV349019 NOTICE OF MOTION; MOTION T0 DISQUALIFY OPPOSING COUNSELS AND VACATE ORDERS PERTAINING THEIR LEGAL REPRESENTATIONS; MEMORANDUM OF POINTS AND AUTHORITIES [N SUPPORT OF MOTION; DECLARATION OF RALPH NEAL Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 202 of 311 PO 10 ll l2 14 15 l6 17 18 NOTICE TO DEFENDANTS AND THEIR COUNSELS OF RECORD: NOTICE IS HEREBY GIVEN that on at_ or as soon as the matter can be heard in Department 0fthis Court. Plaintiff RALPH NEAL will move the Court to Disqualify Opposing Counsels and Disregard and or Strike Orders Pertaining t0 their Legal Representations. This Motion is made pursuant to public policy and ethical considerations under the ABA Model Rules 0f Professional Conduct . and California Business and Professions Code Secs. 16240. 17900. The Memorandum of Points and Authorities. Declaration of Plaintiff RALPH NEAL, all served and filed herewith the records and hle herein and on ch facts, circumstances and law that may be shown and presented in the hearing. Dated: September 24, 2019 MM RALPHXEA¢ Plaintiff In lfroper ' Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 203 of 311 6 \J 10 11 12 13 14 INTRODUCTION Defendant U.S. BANK NA.AS TRUSTEE ON BEHALF NATIONAL TRUST AS SUCCESSOR TRUSTEE ON BEHALF OF THE HOLDERS OF THE WAMU MORTGAGE PASS THROUGH CERTIFICTAES SERIES BANK NA. SUCCESSOR IN INTEREST TO LA SALLE BANK. NA. AS TRUSTEE 0N BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007-OA6; allegedly and fraudulently represent itself now as foreclosing beneficiary and owner of the property without showing evidence 0f chain 0f legal assignments or legal standing to begin with, from thq defunct WASHINGTON MUTUAL . the original lender. The alleged Servicer. SELECT PORTFOLIO SERVICING. also without legal authority is in collusion with U.S. BANK t0 perpetrate their illegal scheme of foreclosure activities. The Opposing Counsels is appearing as apparent counsels for both the Defendants SELECT PORTFOLIO SERVICING INC and for U.S BANK NA. AS SUCCESSOR IN INTEREST. Upon information and belief. US. BANK NA U.S. BANK NA,AS TRUSTEE ON BEHALF NATIONAL TRUST AS TRUSTEE ON BEHALF OF THE HOLDERS OF THE WAMU MORTGAGE PASS THROUGH CERTIFICTAES SERIES BANK NA. SUCCESSOR IN INTEREST TO LA SALLE BANK. NA. AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007-OA6 is not a actually a client of Opposing Counsels and therefore has no absolute legal authority to represent US BANK. NA A's TRUSTEE in this action. The professional conduct 0f attorneys is challenged today more than ever before. Such challenges undoubtedly serve to put on notice practitioners in the legal professions’s ethical canons and to follow closer adherence to ethical principles Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 204 of 311 10 11 12 13 14 16 17 l9 20 21 MEMORANDUM OF POINTS AND AUTHORITIES 2 Disqualification of Opposing Counsels to Represent US Bank NA, as they cannot prove Attorney Client Relationship The Opposing Counsels may have been retained by SELECT PORTFOLIO SERVICING INC. being the Alleged Servicer and Debt Collector 0n the subject loan and property. However. upon information and belief“ Opposing Counsels have no legal authority to represent U.S. BANK NA. SUCCESSOR IN INTEREST TO LA SALLE BANK. NA. AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007- OA6. inasmuch as it was found that communications were only made between Opposing Counsel and SELECT PORTFOLIO SERVICING. but not with US BANK NA. AS TRUSTEE which allegedly owns the loan. Counsel cannot produce any attomey-client relationship with US BANK. NA AS TRUSTEE express 0r implied as also lack 0f apparent authority to represent them. This matter is crucial because US BANK NA, AS TRUSTEE pretends to be the owner of the subject loan and ifnot properly represented in this lawsuit will have no legal bearing 0n Defendants defense 0n Plaintiff‘s Complaint. . lt was also found out that opposing counsels did not have a valid fictitious business name as a Limited liability Partnership pursuant t0 Califomia Business and Professions Code Sec 17900 which may jeopardized their legal standing t0 represent both Defendants. that is even SELECT PORTFOLIO SERVICING INC. (Pls see EXHIBITA) Califomia Business and Professions Code 16240 Misdemeanor: Every person who practices offers t0 practice. or advertise any business. trade. profession. occupation or calling, or who uses any title. initials. card or device to indicate that he or she is qualified to practice any business. tradew. profession or occupation. 0r calling for which a license, registration, 0r certificate is required by any law of this state. without holding a current and valid license. registration or certificate as prescribed by law is guilty of misdemeanor. Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 205 of 311 12 l3 l4 p. LII Limited Liability Company Fictitious Buisness License Required: California Business and Professions Code Sec 17900 provides that fictitious business name means: (1) ln the case ofan individual. a name that does not include the surname of the individual or a name that suggests the existence of additional owners . (4) ln the case of a limited partnership that has filed a certificate of limited partnership with the California Secretary of State pursuant to Sec 15902.01 of the Corporation Code and in the case 0f a foreign limited partnership that has filed an application for registration for registration with the California Secretary of State pursuant t0 Sec 15902.02 0f the Corporation Code, any name other than the name of the limited partnership as on file with the California Secretary of State. PUBLIC POLICY and MODEL RULES OF PROFESSIONAL CONDUCT Rule 3.3 of the Model Rules of Professional Conduct : Candor Toward the Tribunal. provides that a lawyer shall not (l) knowingly make a false statement of material fact or law (2) fail to disclose t0 the tribunal legal authority in the controlling jurisdiction known to be adverse. (3) offer evidence that a lawyer knows to be false. .. Here, Opposing Counsels is appearing on behalf 0f US BANK U.S. BANK NA,AS SUCCESSOR TRUSTEE ON BEHALF NATIONAL TRUST AS TRUSTEE ON BEHALF OF THE HOLDERS OF THE WAMU MORTGAGE PASS THROUGH CERTIFICTAES SERIES BANK NA. SUCCESSOR IN INTEREST TO LA SALLE BANK, NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007-OA6 as their Counsels when in truth and in fact there is no attorney client relationship between them. . Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 206 of 311 10 11 12 l3 14 ,_ (.71 16 CONCLUSION: Therefore it is in the interest 0f justice that Plaintiff respectfully move to disqualify opposing counsels for US BANK NA AS SUCCESSOR IN INTEREST and vacate any order made where Opposing counsels has purportedly been made Attorney of record for them. Should the Califomia Business and Professions Code apply, disqualification as to SELECT PORTFOLIO SERVICING INC is also warranted and respectfully sought. Date: September 24, 2019 WX I perRALgH é. N%L ,Plaintiff In Pyé Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 207 of 311 DECLARATION OF PLAINTIFF RALPH B. NEAL l. R.alph B. Neal, Plaintiff in the herein action do hereby declare 4 l. That I am the Plaintiff in the herein case filed in the Santa Clara County Superior Court. 2. That I am filing this Motion to Disqualify Opposing Counsels especially as to US BANK NA. SUCCESSOR IN INTEREST TO LA SALLE BANK. NA. AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS THROUGH 8 CERTIFICATES SERIES 2007-OA6 3. That an Order was made by Judge Helen Williams with an Order dated August 2, 2019.10 which included US BANK. NA AS SUCCESSOR IN INTEREST which is not properly 1 l represented and inapplicable as t0 them. 1 2 l 3 4. That any violation of the Califomia Business Professions Code may jeopardize also the 14 legal standing ofOpposing Counsels to represent SELECT PORTFOLIO SERVICING INC. 1 5 1 6 l declare under penalty of perjury un er the State of California that the foregoing is 17 true and correct . 1 8 19 g l 20 I(ALEH g/NEAIL, I PIaintiff/Declarant Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 208 of 311 - ‘. EXHIBIT A Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 209 of 311 HUGH NGUYEN ”m” "E oBzRiH MAO DEA”: Rs o CLERK-RECORDER MARRaAGs Llcs-Vszsxfizcc sAssooms FICHTIOUS 5;;5 HESS NAMES Noun REGS'MION ORANGE COUNTY ARC-INES EDS R35 EDS Clerk-Recorder Certificate of Non-Filing Fictitious Business Name Statement I. Hugh Nguyen. County Clerk-Recorder for the State ofCalifomia for the County of Orange, among whose official duties is the keeping of a record of Fictitious Business Name Statements for the County of Orange, do hereby certify that after a diligent search of the index of Fictitious Business Namps, I d0 not find a Fictitious Business Name Statement in Orange County for: FBN/Registered Owner Name/Etc WRIGHT, FINLAY & ZAK The index searched coveys the period from the first effective date of 09/13/2010 to the current date of 9/13/2019 In witness whereof, I have hereunto set my hand and affixed the seal ofsaid County Clerk-Recorder ()fthe Countyof Orange, State of California This date: 9/13/2019 Hugh Nguyen, County Clerk-Recorder AMA“ flb a Nddia A1 Obaidi , DeputyCleW .3? < COv‘KT“ 5%“th O‘FICE ORANGE COLUV 0‘0 OQANGE COLMY SOUIH COUA‘Y $R;,'\-L';H CFHC: 45 ’x M350 5;; LD'NG CCJMV Aawm S??AI'O‘. SOu‘Ih COUWHOu‘SE LAGvJNA Haas CiVEC CSN'ER’ n . 4:15:79 aL/UJYE HG r.” N ?QSSS'SEET 2" w SAVAANA ELV:.QOCM 2c! 24C32 EL‘O?O POAD.S..=’E ‘3;nun; v ::1. rOQMA C?aos SAN'A Auk: CAJ‘CRMA 9270: SANIA ANA. CAL'FORN A 92702 LAGUNA H;-.;S, CAUFORMA 92553 (714)834-2500 O FAX (714)834-2675 0 WWW.OCRECORDER.COM O WWW.OCAICHIVES.COM Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 210 of 311 lO 11 12 l3 14 15 l6 l8 l9 20 21 22 23 24 25 PROOF OF SERVICE I Jegy Miles , do hereby declare 1. That I am over the age of 18 and a resident and employed in San Jose, Santa Clara County. 2. That o'n September_ , 201 9, I served the Defendants the following: NOTICE OF MOTION; MOTION TO DISQUALIFY OPPOSING COUNSELS AND VACATE ORDERS PERTAINING THEIR LEGAL REPRESENTATIONS; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION; DECLARATION OF RALPH NEAL by placing said documents in a self addressed stamped envelope through the US. Postal Service to: WRIGHT, FINLAY & ZAK, LLP Gwen H. Ribar, Esq James R. Ramos, Esq 4665 MacArthur Court, Ste 200 Newport Beach, CA 92660 I d§clare under penalty of California, that the foregoing is true and correct. Executed at: San Jose, CA on: Sept 9, 2019 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 211 of 311 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER Ralph Neal vs First American Title Insurance C0. et al Hearing start Time; 9:00 AM 19CV349019 Hearing Type: Motion: Reconsider Date 0f Hearing: 09/27/2019 Comments: Heard By: Williams, Helen E Location: Department 10 Courtroom Reporter: Courtroom Clerk: Ismael Armenta Court Interpreter: Court Investigator: Parties Present: Future Hearings: Exhibits: - No appearance by Plaintiff. Taylor Hubbard appears via Court Call on behalf of defendants: Select Portfolio Servicing and US Bank. The Court takes the matter OFF CALENDAR. Printed: 9/27/2019 09/27/2019 Motion: Reconsider r 19CV349019 Page 1 0f 1 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 212 of 311 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER Ralph Neal vs First American Title Insurance C0. et al Hearing start Time; 1:30 PM 19CV349019 Hearing Type: Conference: Case Management Date 0f Hearing: 10/01/2019 Comments: Line 1 Heard By: Mikkelsen, Laurie Location: Department 9 Courtroom Reporter: - N0 Court Reporter Courtroom Clerk: Catherine Pham Court Interpreter: Court Investigator: Parties Present: Future Hearings: Neal, Ralph B. Plaintiff Exhibits: - The following attorney(s) appear via CourtCaIl: Taylor Hubbard for Defendant(s), Select Portfolio Servicing, Inc. and U.S. Bank NA, SuccessorTrustee Set for further Case Management Conference on 3-17-20 at 10:00 a.m. in Department 9. Printed: 10/1/2019 10/01/2019 Conference: Case Management 7 19CV349019 Page 1 of 1 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 213 of 311 ©OOQONLh-bWNr-A NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI4>UJNHO©OOQONUIJ>WNHO WRIGHT, FINLAY & ZAK, LLP Gwen H. Ribar, Esq., SBN 188024 James R. Ramos, Esq., SBN 252916 4665 MacArthur Court, Suite 200 Newport Beach, CA 92660 (Neal II) Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/1/2019 2:39 PM Reviewed By: J. Duong Case #1 9CV349019 Telephone: (949) 477-5050; Facsimile: (949) 477-9200 Envelope. 3465093 Attorneys for Defendants, SELECT PORTFOLIO SERVICING, INC.; and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS- THROUGH CERTIFICATES SERIES 2007-OA6, erroneously sued herein as “U.S. Bank NA, Successor in Interest t0 La Salle Bank, NA as Trustee 0n Behalf of the Holders 0f the WAMU Mortgage Pass Through Certificates Series 2007-OA6”. SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA - CIVIL RALPH B. NEAL, Plaintiffs, vs. FIRST AMERICAN TITLE INSURANCE CO; U.S. BANK NA, SUCCESSOR IN INTEREST TO LA SALLE BANK, NA AS TRUSTEE ON BEHALF OF THE HOLDERS OF THE WAMU MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007-OA6; JP MORGAN CHASE; SELECT PORTFOLIO SERVICING, INC; AND DOES 1-20, inclusive Defendants. TO THIS HONORABLE COURT ATTORNEYS OF RECORD, IF ANY: Case N0. 19CV349019 NOTICE OF CONTINUANCE REGARDING CASE MANAGEMENT CONFERENCE Hearing: Date: March 17, 2020 Time: 10:00 am. Dept: 9 AND ALL PARTIES AND THEIR On October 1, 2019, in Department 9 0f the Santa Clara County Superior Court, a Case Management Conference came on regularly for hearing. Taylor E. Hubbard of Wright, Finlay & Zak, LLP, appeared 0n behalf of Defendants SELECT PORTFOLIO SERVICING, INC. (“SPS”) and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA -1- NOTICE OF CONTINUANCE REGARDING CASE MANAGEMENT CONFERENCE CASE NO. 19CV349019 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 214 of 311 H SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA6 (“the Trust”) (hereinafter, SPS and the Trust shall sometimes be referred to ©OOQONUl-5UJN NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI4>UJNHO©OOQONUIJ>WNHO collectively as “Defendants”). Plaintiff appeared on his behalf. After consideration of the Court’s file, the Court ruled as follows: 1. The Case Management Conference is hereby continued t0 March 17, 2020, at 10:00 a.m. in Department 9 of the Santa Clara County Superior Court. Dated: October 1, 2019 By: -2- Respectfully submitted, WRIGHT, FINLAY & ZAK, LLP s/James J. Ramos, Esq. Gwen H. Ribar, Esq. James J. Ramos, Esq. Attorneys for Defendants, SELECT PORTFOLIO SERVICING, INC; and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA6. NOTICE OF CONTINUANCE REGARDING CASE MANAGEMENT CONFERENCE CASE NO. 19CV349019 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 215 of 311 \OOoflmUthoJNp-a NNNNNNNNNHv-An-IHr-Ap-np-ar-np-IH MNONLh-hUJNi-‘OOOOVQUJALQNHO PROOF OF SERVICE I, Barbara Espinoza, declare as follows: I am employed in the County of Orange, State of California. I am over the age of eighteen (18) and not a party to the within action. My business address is 4665 MacArthur Court, Suite 200, Newport Beach, California 92660. I am readily familiar with the practices 0f Wright, Finlay & Zak, LLP, for collection and processing of correspondence for mailing with the United States Postal Service. Such correspondence is deposited with the United States Postal Service the same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date 0r postage meter date is more than one day after date of deposit for mailing in affidavit. On October 1, 2019, I served the within NOTICE OF CONTINUANCE REGARDING CASE MANAGEMENT CONFERENCE on all interested parties in this action as follows: [X] by placing [ ] the original [X] a true copy thereof enclosed in sealed envelope(s) addressed as follows: Ralph B. Neal 1588 Calco Creek San Jose, CA 95127 Tel.: (408) 219-1 188 Plaintiff In Pro Per [X] (BY MAIL SERVICE) I placed such envelope(s) for collection to be mailed on this date following ordinary business practices [] (BY PERSONAL SERVICE) I caused personal delivery by ATTORNEY SERVICE of said document(s) to the offices of the addressee(s) as set forth on the attached service list. [1 (BY FACSIMILE) The facsimile machine I used, with telephone no. (949) 477-9200, complied with California Rules of Court, Rule 2003, and no error was reported by the machine. Pursuant to California Rules 0f Court, Rule 2006(d), I caused the machine to print a transmission record of the transmission, a copy of which is attached to the original Proof of Service. [] (BY FEDERAL EXPRESS OVERNIGHT- NEXT DAY DELIVERY) I placed true and correct copies thereof enclosed in a package designated by Federal Express Overnight with the delivery fees provided for. [ ] (BY ONE LEGAL FILE AND SERVE) I caused the above document(s) to be e-served through One Legal File and Serve to the recipient(s) on the above-referenced address and/or attached service list. [X] (STATE) I declare under penalty of perjury under the law 0f the State of California that the foregoing ls true and correct. . Executed on October 1 ,,'2/019 at Newport Beach, California. / Barbara Espinoz 1 PROOF OF SERVICE Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 216 of 311 ©OOQONLh-bWNr-A NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI4>UJNHO©OOQONUIJ>WNHO WRIGHT, FINLAY & ZAK, LLP Gwen H. Ribar, Esq., SBN 188024 James R. Ramos, Esq., SBN 252916 4665 MacArthur Court, Suite 200 Newport Beach, CA 92660 (Neal II) Electronically Filed by Superior Court of CA, County of Santa Clara, on 10/30/2019 4:06 PM Reviewed By: J. Viramontes Case #1 9CV349019 Telephone: (949) 477-5050; Facsimile: (949) 477-9200 Envelope. 3589536 Attorneys for Defendants, SELECT PORTFOLIO SERVICING, INC.; and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS- THROUGH CERTIFICATES SERIES 2007-OA6, erroneously sued herein as “U.S. Bank NA, Successor in Interest t0 La Salle Bank, NA as Trustee 0n Behalf of the Holders 0f the WAMU Mortgage Pass Through Certificates Series 2007-OA6”. SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA - CIVIL RALPH B. NEAL, Plaintiffs, vs. FIRST AMERICAN TITLE INSURANCE CO; U.S. BANK NA, SUCCESSOR IN INTEREST TO LA SALLE BANK, NA AS TRUSTEE ON BEHALF OF THE HOLDERS OF THE WAMU MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007-OA6; JP MORGAN CHASE; SELECT PORTFOLIO SERVICING, INC; AND DOES 1-20, inclusive Defendants. Case N0. 19CV349019 OPPOSITION OF DEFENDANTS SELECT PORTFOLIO SERVICING, INC. and US BANK NA, SUCCESSOR TRUSTEE TO PLAINTIFF’S “MOTION TO DISQUALIFY OPPOSING COUNSELS” Hearing: Date: December 17, 2019 Time: 9:00 am. Dept: 9 (Judge Arand) TO ALL PARTIES HEREIN AND THEIR ATTORNEYS OF RECORD: Defendants SELECT PORTFOLIO SERVICING, INC. (“SPS”) and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA6 (“the Trust”) OPPOSITION TO PLAINTIFF’S MOTION TO DISQUALIFY COUNSEL CASE NO. 19CV3490 1 9 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 217 of 311 ©OOQONLh-bWNr-A NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI4>UJNHO©OOQONUIJ>WNHO (hereinafter, SPS and the Trust shall sometimes be referred to collectively as “Defendants”) hereby oppose Plaintiff’s “Motion t0 Disqualify Opposing Counsels” (“Motion”) as follows: I. INTRODUCTION Plaintiff” s Motion is just the latest nonsensical and meritless motion he has filed in this Court. This time around, he inexplicably seeks to “disqualify” Defendants’ attorneys based on his speculative guess that “there is n0 attorney client relationship between” Defendants and their attorneys. Such an argument is patently absurd and unsupported by any facts or law. As a result, the Motion should be denied. II. ANALYSIS Plaintiff’s Motion should be denied for the simple reason that it is ridiculous. Not surprisingly, it fails to cite t0 any authority whatsoever Which authorizes Plaintiff t0 challenge Defendants’ legal representation. Nor does it provide a scintilla 0f evidence in support of Plaintiff’s conclusion that “there is no attorney Client relationship” between Defendants and their counsel 0f record. Finally, the Motion is unintelligible. III. CONCLUSION For the reasons set forth above, the Court must deny Plaintiff s “Motion t0 Disqualify Opposing Counsels”. Respectfully submitted, WRIGHT, FINLAY & ZAK, LLP Dated: October 30, 2019 By: s/James J. Ramos, Esq. Gwen H. Ribar, Esq. James J. Ramos, Esq. Attorneys for Defendants, SELECT PORTFOLIO SERVICING, INC; and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA6. -2- OPPOSITION TO PLAINTIFF’S MOTION TO DISQUALIFY COUNSEL CASE NO. 19CV3490 1 9 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 218 of 311 \DOONCNUI-RUJNH N N N N N N N N N I-I .-A n-I r-A r-a H p-n r-t p-I r-A PROOF OF SERVICE I, Barbara Espinoza, declare as follows: I am employed in the County of Orange, State of California. I am over the age of eighteen (18) and not a party to the within action. My business address is 4665 MacArthur Court, Suite 200, Newport Beach, California 92660. I am readily familiar with the practices of Wright, Finlay & Zak, LLP, for collection and processing of correspondence for mailing with the United States Postal Service. Such correspondence is deposited with the United States Postal Service the same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. On October 30, 2019, I served the within OPPOSITION 0F DEFENDANTS SELECT PORTFOLIO SERVICING, INC. and US BANK NA, SUCCESSOR TRUSTEE T0 PLAINTIFF’S “MOTION T0 DISQUALIFY OPPOSING COUNSELS” on all interested parties ' in this action as follows: [X] by placing [ ] the original [X] a true copy thereof enclosed in sealed envelope(s) addressed as I follows: Ralph B. Neal 1588 Calco Creek San Jose, CA 95 127 Tel.: (408) 219-1 188 Plaintiff In Pro Per [] (BY MAIL SERVICE) I placed such envelope(s) for collection to be mailed on this date following ordinary business practices. I [ ] (BY PERSONAL SERVICE) I caused personal delivery by ATTORNEY SERVICE 0f said document(s) to the offices of the addressee(s) as set forth on the attached service list. ‘ I [ ] (BY FACSIMILE) The facsimile machine I used, with telephone no. (949) 477-9200, complied with California Rules of Court, Rule 2003, and no error was reported by the machine. Pursuant to California Rules of Court, Rule 2006(d), I caused the machine t0 print a transmission record of the transmission, a copy of which is attached to the original Proof of Service. [X] (BY FEDERAL EXPRESS OVERNIGHT- NEXT DAY DELIVERY) I placed true and correct copies thereof enclosed in a package designated by Federal Express Overnight with the delivery fees provided for. [ ] (BY ONE LEGAL FILE AND SERVE) I caused the above document(s) to be e served through I One Legal File and Serve to the recipient(s) on the above-referenced address and/or attached service list. [X] (STATE) I declare under penalty of perjury under the law of the State of California that the foregoing is true and correct. Executed o October 30,2019, at Newport Beach, California. \5 Barbara Espinoza, 1 PROOF OF SERVICE Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 219 of 311 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER Ralph Neal vs First American Title Insurance C0. et al Hearing start Time; 9:00 AM 19CV349019 Hearing Type: Hearing: Demurrer Date 0f Hearing: 11/07/2019 Comments: Line 4 Heard By: Arand, Mary E Location: Department 9 Courtroom Reporter: - N0 Court Reporter Courtroom Clerk: Catherine Pham Court Interpreter: Court Investigator: Parties Present: Future Hearings: Neal, Ralph B. Plaintiff Exhibits: t0 Complaint by Def Select Portfolio Servicing Inc. & U.S. Bank NA (James Ramos) Gwendolyn Neal is also present. The following attorney(s) appear via CourtCaII: James J. Ramos For: Defendant(s), Select Portfolio Servicing Tentative Ruling is contested by Defendants. Matter is heard/argued. The Court will issue a written order. Printed: 11/7/2019 11/07/2019 Hearing: Demurrer r 19CV349019 Page 1 0f 1 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 220 of 311 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER Ralph Neal vs First American Title Insurance C0. et al Hearing start Time; 9:00 AM 19CV349019 Hearing Type: Hearing: Motion hearings Date 0f Hearing: 12/17/2019 Comments: Line 11 Heard By: Arand, Mary E Location: Department 9 Courtroom Reporter: - N0 Court Reporter Courtroom Clerk: Catherine Pham Court Interpreter: Court Investigator: Parties Present: Future Hearings: Exhibits: - t0 Disqualify Opposing Counsel & Vacate Orders Pertaining t0 their legal representations by Plt Ralph Neal (In Pro Per) The following attorney(s) appear via CourtCaII: James J. Ramos For: Defendant(s), Select Portfolio Servicing N0 one has contested the Tentative Ruling. The Tentative Ruling is adopted. See below for ruling. The motion by Plaintiff Ralph Neal t0 disqualify Defendants attorneys 0f record and as a result t0 vacate all resulting orders against him is DENIED. Plaintiff has submitted absolutely n0 admissible evidence t0 support his theory that the defense counsel do not actually represent the Defendants and all 0f the claims are stated 0n information and belief. Moreover, Plaintiff lacks standing t0 seek t0 disqualify opposing counsel. A party moving t0 disqualify counsel in a California state court case must show a legally cognizable interest that is 0r would be harmed by the attorney's conflict of interest. This means that except in limited circumstances not present here, a party seeking disqualification must have 0r have had an attorney-client relationship with the target attorney. (T0 hold otherwise would permit exploitation 0f the disqualification motion as a litigation tactic.) (Great Lakes C0nst., Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1356-1359; Marriage of Murchison (2016) 245 Cal.App.4th 847, 851.) Printed: 12/17/2019 12/17/2019 Hearing: Motion hearings 7 19CV349019 Page 1 of 1 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 221 of 311 \DOONQUI-bUJNH NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQQUI-PUJNHOKDOOQQUI-bUJNHO Electronically Filed by Superior Court of CA, County of Santa Clara, WRIGHT, FINLAY & ZAK, LLP Gwen H. Ribar, Esq., SBN 188024 James R. Ramos, Esq., SBN 252916 . 4665 MacArthur Court, Suite 200 agciiazggfi g2 '23:}; Newport Beach, CA 92660 Weal II) case #1 9CV3'49'01 9 Telephone: (949) 477-5050; Facsimile: (949) 477-9200 Envelope. 3781543 Attorneys for Defendants, SELECT PORTFOLIO SERVICING, INC.; and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS- THROUGH CERTIFICATES SERIES 2007-OA6, erroneously sued herein as “U.S. Bank NA, Successor in Interest to La Salle Bank, NA as Trustee on Behalf 0f the Holders of the WAMU Mortgage Pass Through Certificates Series 2007-OA6”. SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA - CIVIL RALPH B. NEAL, Case N0. 19CV349019 Plaintiffs, NOTICE OF RULING REGARDING VS. PLAINTIFF’S MOTION TO DISQUALIFY COUNSELS AND FIRST AMERICAN TITLE INSURANCE VACATE ORDERS PERTAINING CO; U.S. BANK NA, SUCCESSOR IN THEIR LEGAL REPRESENTATIONS INTEREST TO LA SALLE BANK, NA AS TRUSTEE ON BEHALF OF THE Hearing: HOLDERS OF THE WAMU MORTGAGE Date: December 17, 2019 PASS THROUGH CERTIFICATES SERIES Time: 10:00 am. 2007-OA6; JP MORGAN CHASE; SELECT Dept: 9 PORTFOLIO SERVICING, INC; AND DOES 1-20, inclusive Defendants. TO THIS HONORABLE COURT AND ALL PARTIES AND THEIR ATTORNEYS OF RECORD, IF ANY: On December 17, 2019, in Department 9 of the Santa Clara County Superior Court, the Motion to Disqualify Counsels and Vacate Orders Pertaining Their Legal Representations 0f Plaintiff RALPH B. NEAL (“Plaintiff”) came on for hearing. James J. Ramos of Wright, Finlay & Zak, LLP of Wright, Finlay & Zak, LLP, appeared on behalf of Defendants -1- NOTICE OF RULING CASE NO. 19CV349019 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 222 of 311 \DOONQUI-bUJNH NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQQUI-PUJNHOKDOOQQUI-bUJNHO SELECT PORTFOLIO SERVICING, INC. (“SPS”) and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA6 (“the Trust”) (hereinafter, SPS and the Trust shall sometimes be referred to collectively as “Defendants”). A11 other appearances were as noted on the Court’s record. After consideration 0f the Court’s file, and upon hearing oral argument 0f the parties, if any, the Court ruled as follows: 1. Plaintiff’s Motion t0 Disqualify Defendants’ attorneys 0f record and as a result t0 vacate all resulting orders against him is DENIED. 2. The Court adopts its Tentative Ruling as its Final Order, a true and correct copy of which is attached hereto as Exhibit “1”; 3. Defendants are t0 re-submit their Proposed Judgment 0f Dismissal; and 4. Defendants t0 give notice. Respectfully submitted, WRIGHT, FINLAY & ZAK, LLP Dated: December 17, 2019 By: s/James J. Ramos, Esq. Gwen H. Ribar, Esq. James J. Ramos, Esq. Attorneys for Defendants, SELECT PORTFOLIO SERVICING, INC; and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA6. -2- NOTICE OF RULING CASE NO. 19CV349019 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 223 of 311 EXHIBIT “1” Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 224 of 311 SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 9, Honorable Mary E. Arand Catherine Pham, Courtroom Clerk 191 North First Street, San Jose, CA 951 13 To contest the ruling, call (408) 808-6856 before 4:00 P.M. LAW AND MOTION TENTATIVE RULINGS LINE 11 19CV3490 1 9 Ralph Neal vs First American Title Insurance Co. et a1 The motion by Plaintiff Ralph Neal t0 disqualify Defendants’ attorneys of record and as a result t0 vacate all resulting orders against him is DENIED. Plaintiff has submitted absolutely no admissible evidence to support his theory that the defense counsel do not actually represent the Defendants and all of the claims are stated “on information and belief.” Moreover, Plaintiff lacks standing t0 seek t0 disqualify opposing counsel. A party moving to disqualify counsel in a California state court case must show a legally cognizable interest that is 0r would be harmed by the attorney's conflict 0f interest. This means that except in limited circumstances not present here, a party seeking disqualification must have or have had an attorney- client relationship With the “target” attorney. (To hold otherwise would permit exploitation of the disqualification motion as a litigation tactic.) (Great Lakes C0nst., Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1356-1359; Marriage ofMurchison (2016) 245 Ca1.App.4th 847, 851.) LINE 12 20 1 5- 1-CV-2782 1 7 Gidel & Kocal Construction Company, Inc. vs S. Styczynski The motion by Plaintiff to set aside the dismissal of the action in order to seek enforcement of a settlement based on a declaration of attorney mistake was timely and properly served, is unopposed, and is GRANTED. Moving party shall prepare the order. However, the Court will issue any instructions t0 Plaintiff as to how to proceed after the dismissal is set aside. The Court sets a hearing re dismissal after settlement on May 7, 2020 at 10:00 a.m. LINE 13 201 1- 1-CV- 1 94599 Professional Collection Consultants vs J. Babb The motion by Michael Babb to vacate the judgment against Justin W. Babb aka Michael Babb because he has never used the name on the credit card account 0n which the action was brought is not opposed, and the motion is GRANTED. However, the Court Will not grant the request by Assignee for Plaintiff that the Court dismiss the action With prejudice. After the order granting this motion is signed, Assignee shall file a dismissal of the action. The Court sets a hearing regarding the status 0f the dismissal on May 7, 2020 at 10:00 am. Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 225 of 311 \DOOQQUIAUJNn-n NNNNNNNNNn-tr-ir-IHp-At-It-av-Av-tw OOQQM-QUJNHOOOOQQM-PMND-‘O PROOF OF SERVICE I, Barbara Espinoza, declare as follows: I am employed in the County of Orange, State of California. I am over the age of eighteen (18) and not a party to the within action. My business address is 4665 MacArthur Court, Suite 200, Newport Beach, California 92660. I am readily familiar with the practices of Wright, Finlay & Zak, LLP, for collection and processing of correspondence for mailing with the United States Postal Service. Such correspondence is deposited with the United States Postal Service the same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. On December 17, 2019, I served the within NOTICE OF RULING REGARDING PLAINTIFF’S MOTION T0 DISQUALIFY COUNSELS AND VACATE ORDERS PERTAINING THEIR LEGAL REPRESENTATIONS on all interested parties in this action as follows: [X] by placing [ ] the original [X] a true copy thereof enclosed in sealed envelope(s) addressed as follows: Ralph B. Neal 1588 Calco Creek San Jose, CA 95127 Tel.: (408) 219-1 188 Plaintiff In Pro Per [X] (BY MAIL SERVICE) I placed such envelope(s) for collection to be mailed on this date following ordinary business practices. [] (BY PERSONAL SERVICE) I caused personal delivery by ATTORNEY SERVICE of said document(s) to the offices of the addressee(s) as set forth on the attached service list. [] (BY FACSIMILE) The facsimile machine I used, with telephone no. (949) 477-9200, complied with California Rules of Court, Rule 2003, and no error was reported by the machine. Pursuant to California Rules of Court, Rule 2006(d), I caused the machine t0 print a transmission record of the transmission, a copy of which is attached to the original Proof 0f Service. [] (BY FEDERAL EXPRESS OVERNIGHT- NEXT DAY DELIVERY) I placed true and correct copies thereof enclosed in a package designated by Federal Express Overnight with the delivery fees provided for. [ ] (BY ONE LEGAL FILE AND SERVE) I caused the above document(s) to be e-served through One Legal File and Serve to the recipient(s) on the above-referenced address and/or attached service list. [X] (STATE) I declare under penalty of perjury under the law of the State of California that the foregoing is true and correct. Executed on December 1L 2019, at Newport Beach, California.w ' émg/L Barbara Espinoéa 1 PROOF OF SERVICE Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 226 of 311 ©OOQONLh-bWNr-A NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI4>UJNHO©OOQONUIJ>WNHO Reviewed By: R. Tien on 12/4/2019 12:44 PM Envelope: 3726628 WRIGHT, FINLAY & ZAK, LLP Gwen H. Ribar, Esq., SBN 188024 James R. Ramos, Esq., SBN 252916 4665 MacArthur Court, Suite 200 Newport Beach, CA 92660 (Neal II) Telephone: (949) 477-5050; Facsimile: (949) 477-9200 Attorneys for Defendants, SELECT PORTFOLIO SERVICING, INC.; and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS- THROUGH CERTIFICATES SERIES 2007-OA6, erroneously sued herein as “U.S. Bank NA, Successor in Interest t0 La Salle Bank, NA as Trustee 0n Behalf of the Holders 0f the WAMU Mortgage Pass Through Certificates Series 2007-OA6”. SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA - CIVIL RALPH B. NEAL, Case 0. 19CV349019 Plaintiffs, [PROP SED] JUDGMENT OF vs. DISMIS AL FIRST AMERICAN TITLE INSURANCE Dept: 9 (Ju ge Arand) CO; U.S. BANK NA, SUCCESSOR IN INTEREST TO LA SALLE BANK, NA AS TRUSTEE ON BEHALF OF THE HOLDERS OF THE WAMU MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007-OA6; JP MORGAN CHASE; SELECT PORTFOLIO SERVICING, INC; AND DOES 1-20, inclusive Defendants. TO ALL PARTIES HER IN AND THEIR ATTORNEYS OF RECORD, IF ANY: On November 7, 2019, the C0 sustained the Demurrer of Defendants SELECT PORTFOLIO SERVICING, INC. (“SPS”) nd US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDER OF WAMU MORTGAGE PASS-THROUGH -1- [PROPOSED] JUDGMENT OF DISMISSAL CASE NO. 19CV3490 1 9 Filed January 2, 2020 County of Santa Clara Superior Court of CA Clerk of the Court 19CV349019 By: rburciaga Signed: 1/2/2020 08:42 AM Case 5:20-cv-071 7 Document 1-1 Filed 10/13/20 Page 227 of 311 ©OOQONLh-bWNr-A NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQONUI4>UJNHO©OOQONUIJ>WNHO CERTIFICATES S RIES 2007-OA6 (“the Trust”) (hereinafter, SPS and the Trust shall sometimes be referre to collectively as “Defendants”) t0 Plaintiff’s Complaint without leave t0 amend. James J. Ra os of Wright, Finlay & Zak, LLP, appeared 0n behalf 0f Defendants. A11 other appearances wer as noted on the Court’s record. Pursuant t0 the Cou ’s Order IT IS THEREFORE ORDERED, ADJUDGED and DECREED that a Judgment f Dismissal, with prejudice, is entered in favor of Defendants SELECT PORTFOLIO SERVI ING, INC. and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA UCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF O THE HOLDERS OF WAMU MORTGAGE PASS- THROUGH CERTIFICATES SERIE 2007-OA6 and against PlaintiffRALPH B. NEAL. NO ORDER HAS YET BEEN ISSUED BY THE COURT ON THE DEMURRER ** IT IS SO ORDERED. Date: Superior Court Judge 0f California **HEARD ON NOVEMBER 7, 2019 AND THIS JUDGMENT IS PREMATURE. MOREOVER, THE "NOTICE OF RULING" FOR THE DECEMBER 17, 2019 HEAR|N< FILED AND SERVED BY DEFENDANTS INCLUDES ORDERS THAT THE COURT DID NOT MAKE, AND COUNSEL IMPROPERLY SUGGESTS THAT THE "NOTICE" SERVED IS THE EQUIVALENT OF AN ORDER ON THE DECEMBER 17, 2019 HEARING. IT IS NOT. THE COURT EXPECTS COUNSEL TO PREPARE AND SUBMIT A PROPOSED ORDER FOR THE MATTERS HEARD ON DECEMBER 17, 2019 FOR THE COURT TO SIGN. THE COURT WILL ISSUE A WRITTEN ORDER FOR THE NOVEMBER 7, 2019 HEARING. December 31, 2019 Mm; s -WM -2- [PROPOSED] JUDGMENT OF DISMISSAL CASE NO. 19CV3490 1 9 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 228 of 311 \OOOQON'Jl-PUJNH NNNNNNNNNr-ln-tr-Ar-np-nr-A-nn-ar-tv-I OONONMhWNHOKOOOflQM$UJNHO PROOF OF SERVICE I, Barbara Espinoza, declare as follows: I am employed in he County of Orange, State of California. I am over the age of eighteen (18) and not a party t0 the with action. My business address is 4665 MacArthur Court, Suite 200, Newport Beach, California 92660. am readily familiar with the practices 0f Wright, Finlay & Zak, LLP, for collection and processing o correspondence for mailing with the United States Postal Service. Such correspondence is deposited ith the United States Postal Service the same day in the ordinary course of business. I am aware that on otion of party served, service is presumed invalid if postal cancellation date or postage meter date is m re than one day after date of deposit for mailing in affidavit. On December 4, 2019, served the within [PROPOSED] JUDGMENT OF DISMISSAL on all interested parties in this actio as follows: [X] by placing [ ] the original ] a true copy thereof enclosed in sealed envelope(s) addressed as follows: Ralph B. Neal 1588 Calco Creek San Jose, CA 95127 Te1.: (408) 219-1 188 Plaintiff In Pro Per [X] (BY MAIL SERVICE) I placed such envelope(s) for collection to be mailed on this date following ordinary business practic . [] (BY PERSONAL SERVICE) I ca ed personal delivery by ATTORNEY SERVICE of said document(s) to the offices of the addr ssee(s) as set forth on the attached service list. [] (BY FACSIMILE) The facsimile mac ine I used, with telephone no. (949) 477-9200, complied with California Rules of Court, Rule 2 O3, and no error was reported by the machine. Pursuant to California Rules of Court, Rule 2006 ), I caused the machine to print a transmission record of the transmission, a copy of which is attac ed to the original Proof of Service. [] (BY FEDERAL EXPRESS OVERNIGH - NEXT DAY DELIVERY) I placed true and correct copies thereof enclosed in a package desig ated by Federal Express Overnight with the delivery fees provided for. [ ] (BY ONE LEGAL FILE AND SERVE) I c sed the above document(s) to be e-served through One Legal File and Serve to the recipient(s) on the above-referenced address and/or attached service list. [X] (STATE) I declare under penalty of perjury under the law of the State of California that the foregoing is true and correct. ExecutezgflDecember/ll, 2019, at Newport Beach, California. / Barbara Esplnjza g 1 PROOF OF SERVICE Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 229 of 311 l \DOONQUI-bUJNH NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQQUI-PUJNHOKDOOQQUI-bUJNHO >n 1/6/2020 10:28 AM Envelope: 3844411 Reviewed By: J. Viramontes WRIGHT, FINLAY & ZAK, LLP Gwen H. Ribar, Esq., SBN 188024 James R. Ramos, Esq., SBN 252916 4665 MacArthur Court, Suite 200 Newport Beach, CA 92660 Weal II) Telephone: (949) 477-5050; Facsimile: (949) 477-9200 Attorneys for Defendants, SELECT PORTFOLIO SERVICING, INC.; and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS- THROUGH CERTIFICATES SERIES 2007-OA6, erroneously sued herein as “U.S. Bank NA, Successor in Interest to La Salle Bank, NA as Trustee on Behalf 0f the Holders of the WAMU Mortgage Pass Through Certificates Series 2007-OA6”. SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA - CIVIL RALPH B. NEAL, Case N0. 19CV349019 Plaintiffs, fPRGPGSEB}ORDER REGARDING VS. PLAINTIFF’S MOTION TO DISQUALIFY OPPOSING COUNSELS FIRST AMERICAN TITLE INSURANCE AND VACATE ORDERS PERTAINING CO; U.S. BANK NA, SUCCESSOR IN THEIR LEGAL REPRESENTATIONS INTEREST TO LA SALLE BANK, NA AS TRUSTEE ON BEHALF OF THE Dept: 9 (Judge Arand) HOLDERS OF THE WAMU MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007-OA6; JP MORGAN CHASE; SELECT PORTFOLIO SERVICING, INC; AND DOES 1-20, inclusive Defendants. TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD, IF ANY: On December 17, 2019, in Department 9 0f the Santa Clara County Superior Court, the Motion to Disqualify Counsels and Vacate Orders Pertaining Their Legal Representations 0f Plaintiff RALPH B. NEAL (“Plaintiff”) came 0n for hearing. James J. Ramos of Wright, Finlay & Zak, LLP of Wright, Finlay & Zak, LLP, appeared on behalf of Defendants SELECT PORTFOLIO SERVICING, INC. (“SPS”) and US BANK NA, SUCCESSOR -1- {-PRePegE-Bj ORDER CASE N0. 19CV349019 Filed January 27, 2020 County of Santa Clara Superior Court of CA Clerk of the Court 19CV349019 By: jviramontes Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 230 of 311 mea \DOONQUI-bUJNH NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQQUI-PUJNHOKDOOQQUI-bUJNHO TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA6 (“the Trust”) (hereinafter, SPS and the Trust shall sometimes be referred to collectively as “Defendants”). A11 other appearances were as noted 0n the Court’s record. After consideration of the Court’s file, and upon hearing oral argument of the parties, if any, the Court ruled as follows: 1. The motion by Plaintiff Ralph Neal to Disqualify Defendants’ attorneys 0f record and as a result to vacate all resulting orders against him is DENIED. 2. The Court adopts its Tentative Ruling as its Final Order, a true and correct copy of which is attached hereto as Exhibit “1 .” IT IS SO ORDERED. January 24, 2020 W; 5 -WM Superior Court Judge of California Date: For future reference, the Court prefers not to attach tentative ruling as orders, but expects counsel to copy the language of the tentative ruling into the formal order. -2- EPRGPQSED] ORDER CASE N0. 19CV349019 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 231 of 311 EXHIBIT “1” Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 232 of 311 SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 9, Honorable Mary E. Arand Catherine Pham, Courtroom Clerk 191 North First Street, San Jose, CA 951 13 To contest the ruling, call (408) 808-6856 before 4:00 P.M. LAW AND MOTION TENTATIVE RULINGS LINE 11 19CV3490 1 9 Ralph Neal vs First American Title Insurance Co. et a1 The motion by Plaintiff Ralph Neal t0 disqualify Defendants’ attorneys of record and as a result t0 vacate all resulting orders against him is DENIED. Plaintiff has submitted absolutely no admissible evidence to support his theory that the defense counsel do not actually represent the Defendants and all of the claims are stated “on information and belief.” Moreover, Plaintiff lacks standing t0 seek t0 disqualify opposing counsel. A party moving to disqualify counsel in a California state court case must show a legally cognizable interest that is 0r would be harmed by the attorney's conflict 0f interest. This means that except in limited circumstances not present here, a party seeking disqualification must have or have had an attorney- client relationship With the “target” attorney. (To hold otherwise would permit exploitation of the disqualification motion as a litigation tactic.) (Great Lakes C0nst., Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1356-1359; Marriage ofMurchison (2016) 245 Ca1.App.4th 847, 851.) LINE 12 2015-1-CV-278217 Gidel & Kocal Cons vs S. St zynski tion Company, Inc. The moti n by Plaintiff to set aside the dismissal of the action 'n order to seek enforcement of a settlement ased on a declaration of attorney mistake was timely a d properly served, is unopposed, and is GRANTED. ' However, the ourt will issue any instructions t0 Plaintiff as to h w to proceed after the dismissal is set aside. The C urt sets a hearing re dismissal after settlement on Ma 7, 2020 at 10:00 a.m. LINE 13 201 1-1-CV-194599 Professional Col ction Consultants vs J. B bb The motion by M; hael Babb to vacate the judgment against Ju in W. Babb aka Michael Babb because he has never sed the name on the credit card account 0n which the action was brought is not opposed, and the motio is GRANTED. However, the Court Will not grant t e request by Assignee for Plaintiff that the Court di iss the action With prejudice. After the order anting this motion is signed, Assignee shall file a ismissal of the action. The Court sets a hearing re rding the status 0f the dismissal on May 7, 2020 at 1 :00 am. Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 233 of 311 \OOOQONUIADJNH NNNNNNNNNHHr-It-‘HHHp-Au-tp-t ooflmm-waHOKOOOQOth-thr-‘O PROOF OF SERVICE I, Barbara Espinoza, declare as follows: I am employed in the County of Orange, State of California. I am over the age of eighteen (18) and not a party to the with action. My business address is 4665 MacArthur Court, Suite 200, Newport Beach, California 92660. am readily familiar with the practices of Wright, Finlay & Zak, LLP, for collection and processing o correspondence for mailing with the United States Postal Service. Such correspondence is deposited ith the United States Postal Service the same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is m re than one day after date of deposit for mailing in affidavit. On January 6, 2020, I served the within [PROPOSED] ORDER REGARDING PLAINTIFF’S MOTION TO ISQUALIFY OPPOSING COUNSELS AND VACATE ORDERS PERTAINING THEIR LEGA REPRESENTATIONS 0n all interested parties in this action as follows: [X] by placing [ ] the original [ ] a true copy thereof enclosed in sealed envelope(s) addressed as follows: Ralph B. Neal 1588 Calco Creek San Jose, CA 95127 Tel.: (408) 219-1 188 Plaintiff In Pro Per [X] (BY MAIL SERVICE) I placed ch envelope(s) for collection to be mailed on this date following ordinary business practices [] (BY PERSONAL SERVICE) I caus d personal delivery by ATTORNEY SERVICE of said document(s) to the offices of the addre ee(s) as set forth on the attached service list. [] (BY FACSIMILE) The facsimile macm e I used, with telephone no. (949) 477-9200, complied with California Rules of Court, Rule 20 , and no error was reported by the machine. Pursuant to California Rules of Court, Rule 2006(d I caused the machine to print a transmission record of the transmission, a copy of which is attach d to the original Proof of Service. [] (BY FEDERAL EXPRESS OVERNIGHT- NEXT DAY DELIVERY) I placed true and correct copies thereof enclosed in a package design ted by Federal Express Overnight with the delivery fees provided for. [ ] (BY ONE LEGAL FILE AND SERVE) I cau ed the above document(s) t0 be e-served through One Legal File and Serve to the recipient(s) n the above-referenced address and/or attached service list. [X] (STATE) I declare under penalty of perjury under the law of the State of California that the foregoing is true and correct. Executed ?:ryI 6, 2020, atN ort Beach, California. Barbara Espinoza 1 PROOF OF SERVICE Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 234 of 311 \OOOQQUIAUJNp-t N N N N N N N N N t-A .-A )-A )-l H'r-A p-A p-A r-A )-A OO fl O\ U! A U) [\J H O \O 00 fl ON UI_# U) N *-‘ O WED JAN ‘2 s 2020 rk of the Court 1 of Santa Clara BYSu r n 0t Ofif Coun V. DEPUTY SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA RALPH B. NEAL, Case No. 19CV3490 1 9 . .ffFlam“ ’ ORDER REeDEFENDANTs SELECT vs. PORTFOLIO SERVICING, INC. AND US BANK, N.A.’S DEMURRER TO THE CONIPLAINT FIRST AMERICAN TITLE INSURANCE CO.‘, ET AL., Defendants, 'The demurrer to the complaint by defendants Select Portfolio Servicing, Inc. (“SPS”) and U.S. Bank N.A., successor trustee to Bank of America, N.A., successor in interest t0 La Salle Bank, N.A. as trustee on behalf of the holders of WAMU Mortgage Pass-Through Certificates Series 2.007-A06 (“US Bank”) (collectively, “demurring defendants”), came on for hearing before the Honorable Mary E. Arand on November 7, 2019 at 9:00 a.m. in Department 9. The matter having been submitted, afier full consideration of the authorities submitted by each party, and arguments made by the parties in their papers and the hearing, the court makes the following rulings: 1 ORDER RE: DEMURRER TO THE COMPLAINT Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 235 of 311 \OOOflQUI-PUJNH NNNNNNNNNP-‘p-IHHHu-Ap-AHy-Ap-A OOQGM-BUJNHOKOOOQQUI-PWNHO This is an action for wrongful pre-foreclosure. On May 17, 2007, plaintiff Ralph Neal (“Plaintiff”) obtained a loan in the amount of $1,000,000 from Washington Mutual Bank, FA, secured by a deed of trust against real property at 1588 Calco Creek Drive in San Jose. (See complaint, exh. A.) On November 4, 2010, an assignment 0f the deed of trust on the subject property was recorded with the Santa Clara County Recorder, stating that the deed of trust was assigned to Bank of America, National Association, successor by merger to LaSalle Bank NA as trustee for WaMu Mortgage Pass-Through Certificates Series 2007-OA6 Trust. (See complaint, exh. B.) On April 19, 2018, a grant deed wag recorded with thé Santa Clara County Recorder, granting Plaintiffs interest in the property to himself and Edward J. Perales (“Perales”) as tenants in common. (See Def.’s request for judicial notice, exh. C.) Also recorded that day is a notice of option contract for sale and purchase between himself and Perales in the amount of $300. (See Def.’s request for judicial notice, exh. D.) On May 30, 2019, a notice of default was recorded against the subject property. (See complaint, 1] 30, exh. C.) On June 17, 2019, Plaintiff filed the complaint against defendants First American Title Insurance Co. (“FATIC”), U.S. Bank N.A., successor trustee to Bank of America, N.A., successor in interest to La Salle Bank, N.A. as trustee on behalf of the holders of WAMU Mortgage Pass-Through Certificates Series 2007-A06 (“US Bank”), JP Morgan Chase, and Select Portfolio Servicing, Inc. (“SPS”), asserting causes of action for: 1) Cancellation of notice of default; 2) Revocation ofvoid assignments; 3) Declaratory relief; and, 4) Injunctive relief. Defendants SPS and US Bank demur to each of the causes of action, asserting that the complaint fails to state facts sufficient to constitute a cause of action against them and Plaintiff fails to join an indispensable party, Perales. Perales is an indispensable party. Demurring defendants SPS and US Bank (collectively, “demurring defendants”) demur to the entire complaint on the ground that Plaintiff has failed to join indispensable party Perales. Code of Civil Procedure section 430.10, subdivision (d) states that a defect of parties 2 ORDER RE: DEMURRER TO THE COMPLAINT Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 236 of 311 \OOOQQUI$UJNr-A NNNNNNNNNHHHHy-Ar-Ar-Ap-Ip-np-A OOQQM-PWNHOOOOQQM-hWNHO is a proper ground for demurrer. Here, as Defendants assert, if Perales is not joined, his absence would subject defendants to a substantial risk of incurring double, multiple, or otherwise inconsistent obligations by reason of his claimed interest. (See Code Civ. Proc. § 389, subd (a); see also Washington Mutual Bank v. Blechman (2007) 157 Cal.App.4‘h 662, 667 (stating that “[a] person is an indispensable party to litigation ‘if his or her rights must necessarily be affected by the judgment”); see also In re Marriage 0f Ramirez (2011) 198 Ca1.App.4‘h 336, 344 (stating same).) Plaintiffs confusing opposition does not address the issue or even acknowledge Perales’ interest, instead accusing demurring defendants’ counsel of lacking the authon'ty to respond, and accusing Defendants of various crimes. The demurrer is SUSTAINED on this ground. Plaintiff lacks standing to challenge the assignment. Plaintiff alleges that the assignment was unlawfully made due to the alleged fact that “there are several material inconsistencies and inaccuracies.” (Complaint, 11 20.) For example, “[a]s a Seller, Depositor and/or Servicer, WAMU should have had possession of documents and other information concerning Plaintiffs mortgage loan in any of the Governing Do'cuments and or on in any corresponding Trust.” (Complaint, 11 21.) Plaintiff also alleges that the signature of Colleen Irby was robo-signed. (See complaint, fl 24.) Additionally, “alleged transfers, assignments of the subj ect loan were subsequently pretentiously and unlawfully made and that due to the pretentious chain of assignments, it is now unknown and doubtful who is the current lender/beneficiary/assignee with legal authority and standing regarding the mortgage on subject property.” (Complaint, 1] 25.) The complaint does not allege that the foreclosure sale has occurred. Here, as Defendants argue, Plaintiff lacks standing to pursue these theories regarding the assignment. (See Saterbak v. JPMorgan Chase Bank, N.A. (2016) 245 Ca1.App.4th 808, 814 [Plaintiff alleged that deed of trust was assigned in an untimely manner and thus void, and that the signature on the assignment document was forged or robo-signed, and court stated that “Saterbak lacks standing to pursue these theories... California courts do not allow such 3 ORDER RE: DEMURRER TO THE COMPLAINT Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 237 of 311 KOOONONM-PUJNH NNNNNNNNNHHHHp-AHr-Ay-AHH WNONm-PMNHOKOOOQQM-pWNHO preemptive suits because they ‘wo’uld result in the impermissible interjection of the courts into a nonjudicial scheme enacted by the California Legislature”’]; see also Mendoza v. JPMorgan Chase Bank, N.A. (2016) 6 Cal.App.5th 802, 815-820 ]stating “plaintiff homeowners lack standing to challenge the validity of robo-signatures. .. plaintiff lacks standing to challenge the assignment of her loan and deed of trust”]; see also Kan v. Guild Mortgage Co. (2014) 230 Ca1.App.4th 736, 743-745 [stating that “[b]ecause California’s nonjudicial foreclosure statutes provide Kan with no basis t0 challenge the authority of the entity initiating the foreclosure process, respondents’ demurrer was properly sustained”]; see also Games v. Countrywide Home Loans, Inc. (2011) 192 Ca1.App.4th 1149, 1156 [stating that “California’s nonjudicial foreclosure law does not provide for the filing of a lawsuit t0 determine whether MERS has been authorized by the holder of the Note to initiate a foreclosure”] .) In opposition, again, Plaintiff fails to articulate any basis for standing to challenge the assignment, instead accusing Defendants of crimes, including “illegal insider trading of controlled substances,” and “sex trafficking of contraband.” As Plaintiff fails to demonstrate how the complaint may be amended, the démurrer to the complaint on the ground of a lack 0f standing is SUSTAINED on this ground as well. The assignment is not void for a lack 0f possession 0f the note. Although Plaintiffs complaint is not a paragon of clarity, it appears that he alleges that the assignment-and consequently, the notice of default-are void because Defendants did not have physical fiossession of the underlying promissory note. However, as demurring defendants argue, “nothing in the applicable statutes that [govern nonjudicial foreclosure] preclude[] foreclosure when the foreclosing party does not possess the original promissory note.” (Debrunner v. Deutsche Bank National Trust Co. (2012) 204 Ca1.App.4th 433, 440.) Again, Plaintiff fails to address this argument in opposition as well. T0 the extent that the complaint is predicated on the theory that the assignment is void due to Defendants’ failure to physically possess the note, the demurrer is SUSTAINED on this ground as well. 4 ORDER RE: DEMURRER TO THE COMPLAINT Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 238 of 311 \OOOQQUI#UJNr-a NNNNNNNNNHHHHHr-lr-ir-lr-Ir-A WQONM-RWNP-‘OOOONOMAWNHO As stated above, Plaintiff fails to demonstrate how the complaint may be amended as against demurn'ng defendants. (See Goodman v. Kennedy (1976) 18 Ca1.3d 335, 349 (stating that “Plaintiffmust show in what manner he can amend his complaint and how that amendment will change the legal effect of his pleading”), quoting Cooper v. Leslie Salt C0. (1969) 7O Ca1.2d 627, 636; see also Hendy v. Losse (1991) 54 Ca1.3d 723, 742 (stating that “the burden is on the plaintiff. .. to demonstrate the manner in which the complaint might be amended”).) In fact, Plaintiff has not requested leave to amend the complaint. At the hearing, Plaintiff argued primarily that the complaint was properly pleaded and no amendments were needed. Plaintiff was chose not to articulate in what way the complaint could be amended as he contended that the claims were already validly stated, or was unable to describe in what way he could amend. Accordingly, the demurrer to the complaint is SUSTAINED without leave to amend. Defendants shall submit a proposed judgment afier compliance with Rules of Court, Rule 3.1312. In light of the disciaimer of interest and declaration of nonmonetary status filed by First American Title Company to which Plaintiff did not object, the judgment should be in favor of First American Title Company also. January flJOZO W 5‘ flaw“- Mary E. Arand Judge of the Superior Court 5 ORDER RE: DEMURRER TO THE COMPLAINT Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 239 of 311 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA DOWNTOWN COURTHOUSE ‘ , ‘ 191 NORTH FIRST STREET E : a L ' aSAN JOSE, CALIFORNIA 95 1 13 CIVIL DIVISION JAN 2 8 2020 -Ar of the Cou rt Sup -r n vf ' G'. nty of Santa Clara BY DEPUTY RE: Ralph Neal vs First American Title Insurance Co. et al Case Number: 19CV349019 PROOF 0F SERVICE ORDER RE: DEFENDANTS SELECT PORTFOLIO SERVICING, INC AND US BANK, N.A.'S DEMURRER TO THE COMPLAINT was delivered to the parties listed below the above entitled case as set forth in the sworn declaration below. lf you, a party represented by you, or a witness to be called on behalf of that party need an accommodation under the American with Disabilities Act, please contact the Court Administrator’s office at (408) 882-2700, or use the Court’s TDD line (408) 882-2690 or the Voice/TDD California Relay Service (800) 735-2922. DECLARATION OF SERVICE BY MAIL: l declare that l served this notice by enclosing a true copy in a sealed envelope. addressed to each person whose name is shown below, and by depositing the envelope with postage fully prepaid, in the United States Mail at San Jose, CA on January 28, 2020. CLERK OF THE COURT, by Catherine Pham, Deputy. cc: Ralph B Neal 1588 Calco Creel Dr SAN JOSE CA 95127 James Jose Ramos Wright Finlay & Zak LLP 4665 MacArthur Court Suite 280 Newport Beach CA 92707 CW-9027 REV 12/08/16 PROOF OF SERVICE Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 240 of 311 \DOONQUI-bUJNH NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQQUI-PUJNHOKDOOQQUI-bUJNHO 1QCV34901 9 Santa Clara - Civil System Sy Electronically Filed by Superior Court of CA, County of Santa Clara, WRIGHT, FINLAY & ZAK, LLP Gwen H. Ribar, Esq., SBN 188024 James R. Ramos, Esq., SBN 252916 . 4665 MacArthur Court, Suite 200 E:\jifxlezgéy ggsfifirrsystem Newport Beach, CA 92660 Weal II) case #1 9CV3'4901 9 Telephone: (949) 477-5050; Facsimile: (949) 477-9200 Envelope. 3960619 Attorneys for Defendants, SELECT PORTFOLIO SERVICING, INC.; and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS- THROUGH CERTIFICATES SERIES 2007-OA6, erroneously sued herein as “U.S. Bank NA, Successor in Interest to La Salle Bank, NA as Trustee on Behalf 0f the Holders of the WAMU Mortgage Pass Through Certificates Series 2007-OA6”. SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA - CIVIL RALPH B. NEAL, Case N0. 19CV349019 Plaintiffs, NOTICE OF ENTRY OF ORDER VS. Dept: 9 (Judge Arand) FIRST AMERICAN TITLE INSURANCE CO; U.S. BANK NA, SUCCESSOR IN INTEREST TO LA SALLE BANK, NA AS TRUSTEE ON BEHALF OF THE HOLDERS OF THE WAMU MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007-OA6; JP MORGAN CHASE; SELECT PORTFOLIO SERVICING, INC; AND DOES 1-20, inclusive Defendants. TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD, IF ANY: PLEASE TAKE NOTICE that on December 17, 2019, in Department 9 0f the Santa Clara County Superior Court, the Motion t0 Disqualify Counsels and Vacate Orders Pertaining Their Legal Representations 0f Plaintiff RALPH B. NEAL (“Plaintiff”) came 0n for hearing. James J. Ramos of Wright, Finlay & Zak, LLP of Wright, Finlay & Zak, LLP, appeared on behalf of Defendants SELECT PORTFOLIO SERVICING, INC. (“SPS”) and US BANK -1- NOTICE OF ENTRY OF ORDER CASE NO. 19CV3490 1 9 stem Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 241 of 311 \DOONQUI-bUJNH NNNNNNNNNr-tr-tr-tr-tr-tr-tr-tr-tr-tr-t OOQQUI-PUJNHOKDOOQQUI-bUJNHO NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA6 (“the Trust”) (hereinafter, SPS and the Trust shall sometimes be referred t0 collectively as “Defendants”). A11 other appearances were as noted 0n the Court’s record. On January 27, 2020, the Court entered an Order as follows: 1. The motion by Plaintiff Ralph Neal to Disqualify Defendants’ attorneys 0f record and as a result t0 vacate all resulting orders against him is DENIED. 2. A true and correct copy of the Court’s Order is attached hereto as Exhibit “A.” Dated: January 30, 2020 -2- Respectfully submitted, WRIGHT, FINLAY & ZAK, LLP s/James J. Ramos, Esq. Gwen H. Ribar, Esq. James J. Ramos, Esq. Attorneys for Defendants, SELECT PORTFOLIO SERVICING, INC; and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-OA6. NOTICE OF ENTRY OF ORDER CASE NO. 19CV3490 1 9 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 242 of 311 EXHIBIT “A” Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 243 of 311 n 1/6/2020 10:28 AM Envelope: 3844411 Reviewed By: J. Viramontes Filed James R. Ramos, Esq., SBN 252916 4665 MacArthur Court, Suite 200 Newport Beach, CA 92660 (Neal II) Telephone: (949) 477-5050; Facsimile: (949) 477-9200 WRIGHT, FINLAY & ZAK, LLP Gwen H. Ribar, Esq., SBN 188024 January 27, 2020 Superior Court of CA Clerk of the Court County of Santa Clara By: jviramontes 19CV349019 Attorneys for Defendants, SELECT PORTFOLIO SERVICING, INC.; and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS- THROUGH CERTIFICATES SERIES 2007-0A6, erroneously sued herein as "U.S. Bank NA, Successor in Interest to La Salle Bank, NA as Trustee on Behalf of the Holders of the WAMU Mortgage Pass Through Certificates Series 2007-0A6". SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA - CIVIL RALPH B. NEAL, Case No. 19CV349019 Plaintiffs, VS. FIRST AMERICAN TITLE INSURANCE CO; U.S. BANK NA, SUCCESSOR IN INTEREST TO LA SALLE BANK, NA AS TRUSTEE ON BEHALF OF THE HOLDERS OF THE WAMU MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007-0A6; JP MORGAN CHASE; SELECT PORTFOLIO SERVICING, INC; AND DOES 1-20, inclusive Defendants. TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD, IF ANY: On December 17, 2019, in Department 9 of the Santa Clara County Superior Court, the Motion to Disqualify Counsels and Vacate Orders Pertaining Their Legal Representations of Plaintiff RALPH B. NEAL ("Plaintiff') came on for hearing. James J. Ramos of Wright, Finlay & Zak, LLP of Wright, Finlay & Zak, LLP, appeared on behalf of Defendants SELECT PORTFOLIO SERVICING, INC. ("SPS") and US BANK NA, SUCCESSOR 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -[PROPOSEEof ORDER REGARDING PLAINTIFF'S MOTION TO DISQUALIFY OPPOSING COUNSELS AND VACATE ORDERS PERTAINING THEIR LEGAL REPRESENTATIONS Dept.: 9 (Judge Arand) [PROPOSED] ORDER CASE NO. 19CV349019 Case 5: -cv-07127 Document 1-1 Filed 10/13/20 Page 244 of 311 TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-0A6 ("the Trust") (hereinafter, SPS and the Trust shall sometimes be referred to collectively as "Defendants"). All other appearances were as noted on the Court's record. After consideration of the Court's file, and upon hearing oral argument of the parties, if any, the Court ruled as follows: 1. The motion by Plaintiff Ralph Neal to Disqualify Defendants' attorneys of record and as a result to vacate all resulting orders against him is DENIED. 2. The Court adopts its Tentative Ruling as its Final Order, a true and correct copy of which is attached hereto as Exhibit "1." IT IS SO ORDERED. Date: January 24, 2020 fit4P-Al s _ a(A a-4 Superior Court Judge of California For future reference, the Court prefers not to attach tentative ruling as orders, but expects counsel to copy the language of the tentative ruling into the formal order. -2- [PROPOSED] ORDER CASE NO. 19CV349019 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 mea 18 19 20 21 22 23 24 25 26 27 28 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 245 of 311 EXHIBIT "1" I “1” Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 246 of 311 SUPERIOR COURT, STATE OF CALIFORNIA COUNTY OF SANTA CLARA Department 9, Honorable Mary E. Arand Catherine Pham, Courtroom Clerk 191 North First Street, San Jose, CA 95113 To contest the ruling, call (408) 808-6856 before 4:00 P.M. LAW AND MOTION TENTATIVE RULINGS IL NE 11 19CV349019 lialph Neal vs First American Title Insurance Co. et al The motion by Plaintiff Ralph Neal to disqualify Defendants' attorneys of record and as a result to vacate all resulting orders against him is DENIED. Plaintiff has submitted absolutely no admissible evidence to support his theory that the defense ,counsel do not actually represent the Defendants and all of the claims are stated "on information and chief." Moreover, Plaintiff lacks standing to seek to disqualify opposing counsel. A party moving to disqualify counsel in a California state court case must show a legally cognizable interest that is or would be harmed by the attorney's conflict of interest. This means that except in limited circumstances not present here, a party seeking disqualification must have or have had an attorney- client relationship with the "target" attorney. (To hold otherwise would permit exploitation of the disqualification motion as a litigation tactic.) (Great akes Const., Inc. v. Burman (2010) 186 Cal.App.4th 1347, 1356-1359; Marriage of Murchison (2016) 245 Cal.App.4th 847, 851.) LINE 12 2015-1-CV-278217 Gidel & Kocal Const tion Company, Inc. vs S. S zynski IThe moti n by Plaintiff to set aside the dismissal of the action 'n order to seek enforcement of a settlement iased on a declaration of attorney mistake was timely aid properly served, is unopposed, and is GRANTED. oving party shall prepare the order. However, the ourt will issue any instructions to Plaintiff as to h w to proceed after the dismissal is set aside. The C urt sets a hearing re dismissal after settlement on Ma 7, 2020 at 10:00 a.m. 2011-1-CV-194599 Professional Col ction Consultants vs J. B bb The motion by M hael Babb to vacate the 'udgment against Ju in W. Babb aka Michael Babb 13 ecause he has never sed the name on the credit card account on which the action was brought is not opposed, and the motio is GRANTED. However, the Court will not grant tie request by Assignee for Plaintiff that the Court di iss the action with rejudice. After the order anting this motion is signed, Assignee shall file a eismissal of the action. The Court sets a hearing re • i rding the status of the dismissal on May 7, 2020 at 1 3:00 a.m. „ _I Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 247 of 311 Barbara Espinoza 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I, Barbara Espinoza, declare as follows: I am employed in the County of Orange, State of California. I am over the age of eighteen (18) action. My business address is 4665 MacArthur Court, Suite 200, Newport am readily familiar with the practices of Wright, Finlay & Zak, LLP, for .orrespondence for mailing with the United States Postal Service. Such ith the United States Postal Service the same day in the ordinary course of motion of party served, service is presumed invalid if postal cancellation e than one day after date of deposit for mai ing in affidavit. I served the within [PROPOSED] ORDER REGARDING ISQUALIFY OPPOSING COUNSELS AND VACATE ORDERS REPRESENTATIONS on all interested parties in this action as Ralph B. Neal 1588 Calco Creek San Jose, CA 95127 Tel.: (408) 219-1188 Plaintiff In Pro Per h envelope(s) for collection to be mailed on this date d personal delivery by ATTORNEY SERVICE of said ee(s) as set forth on the attached service list. e I used, with telephone no. (949) 477-9200, complied and no error was reported by the machine. Pursuant I caused the machine to print a transmission record of d to the original Proof of Service. (BY FEDERAL EXPRESS OVERNIGHT- NEXT DAY DELIVERY) I placed true and correct copies thereof enclosed in a package design ted by Federal Express Overnight with the delivery fees provided for. (BY ONE LEGAL FILE AND SERVE) I cau ed the above document(s) to be e-served through One Legal File and Serve to the recipient(s) sn the above-referenced address and/or attached service list. (STATE) I declare under penalty of perjury under the law of the State of California that the foregoing is true and correct. Executed on ary 6, 2020, at Newport Beach, California. On January 6, 2020, PLAINTIFF'S MOTION TO PERTAINING THEIR LEGA follows: and not a party to the with Beach, California 92660. collection and processing o correspondence is deposited business. I am aware that on date or postage meter date is m [X] by placing [ ] the original a true copy thereof enclosed in sealed envelope(s) addressed as follows: (BY MAIL SERVICE) I placed following ordinary business practices. (BY PERSONAL SERVICE) I caus document(s) to the offices of the addre (BY FACSIMILE) The facsimile mach with California Rules of Court, Rule 20 to California Rules of Court, Rule 2006(d the transmission, a copy of which is attach PROOF OF SERVICE Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 248 of 311 \DOOflQUl-bwm 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I, Barbara Espinoza, declare as follows: I am employed in the County of Orange, State of California. I am over the age of eighteen (18) and not a party to the within action. My business address is 4665 MacArthur Court, Suite 200, Newport Beach, California 92660. I am readily familiar with the practices of Wright, Finlay & Zak, LLP, for collection and processing of correspondence for mailing with the United States Postal Service. Such correspondence is deposited with the United States Postal Service the same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. On January 30, 2020, I served the within NOTICE OF ENTRY OF ORDER on all interested parties in this action as follows: [X] by placing [ ] the original [X] a true copy thereof enclosed in sealed envelope(s) addressed as follows: Ralph B. Neal 1588 Calco Creek San Jose, CA 95127 Tel.: (408) 219-1188 Plaintiff In Pro Per [X] (BY MAIL SERVICE) I placed such envelope(s) for collection to be mailed on this date following ordinary business practices. [1 (BY PERSONAL SERVICE) I caused personal delivery by ATTORNEY SERVICE of said document(s) to the offices of the addressee(s) as set forth on the attached service list. [] (BY FACSIMILE) The facsimile machine I used, with telephone no. (949) 477-9200, complied with California Rules of Court, Rule 2003, and no error was reported by the machine. Pursuant to California Rules of Court, Rule 2006(d), I caused the machine to print a transmission record of the transmission, a copy of which is attached to the original Proof of Service. [] (BY FEDERAL EXPRESS OVERNIGHT- NEXT DAY DELIVERY) I placed true and correct copies thereof enclosed in a package designated by Federal Express Overnight with the delivery fees provided for. [ ] (BY ONE LEGAL FILE AND SERVE) I caused the above document(s) to be e-served through One Legal File and Serve to the recipient(s) on the above-referenced address and/or attached service list. [X] (STATE) I declare under penalty of perjury under the law of the State of California that the foregoing is true and correct. Executed January 30, 2020, at Newport Beach, California. Kg’W% Barbara Espinoéa 1 PROOF OF SERVICE Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 249 of 311 10 11 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 RALPH NEAL 1588 Calco Creek San Jose, CA 95127 Tel: (408)219-1 188 Plaintiff in Proper FILE FEB 0 6 ZUZU Clerk of the Court Supe‘ rBun of CA County of Santa CfFra B a DEE SUPERIOR COURT OF CALIFORNIA SANTA CLARA COUNTY Unlimited Jurisdiction RALPH NEAL, Plaintiff, vs. FIRST AMERICAN TITLE INSURANCE CO; U.S. BANK NA, SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF THE WAMU MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007-OA6; JP MORGAN CHASE; SELECT PORTFOLIO DOES 1-20, inclusive, Defendants vvvvvvvvvvvvvvvvvvvvvvvv Civil Case N0. 19CV349019 NOTICE 0F MOTIONS; MOTION FOR RECONSIDERATION ON ORDER and T0 FILE FIRST AMENDED COMPLzAINT; MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF MOTION; DECLARATION OF RALPH NEAL .ZL’LO D : LI Tiara: qAY‘“ Dept:® UTY .Th fig Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 250 of 311 10 ll 12 l3 14 15 16 17 18 l9 20 21 22 23 24 25 NOTICE T0 DEFENDANTS AND THEIR COUNSELS OF RECORD NOTICE IS HEREBY GIVEN that on at__ or as soon as the matter can be heard in Department of this Court, Plaintiff RALPH NEAL will move the Court for reconsideration of the Order of January 28, 2020 granting Dismissal of the Complaint without leave t0 amend. This Motion is made pursuant to CCP 1008 in that there are new facts and circumstances that transpired which were not alleged in the Complaint, among other reasons that These motions will be based on this Notice of Motions , Memorandum 0f Points and Authorities, Declaration 0f Plaintiff RALPH NEAL, all served and filed herewith, the records and file herein, and on such newly discovered facts as presented hereto and, if necessary, at the hearing of the motion. Dated: February4, 2020 flflwfl RALl)}{NEAL, Pla ntiHInILroper Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 251 of 311 10 ll 12 l3 l4 l5 l6 l7 18 l9 20 21 22 23 24 25 INTRODUCTION This action arises out 0f Defendants predatory lending practices, wrongful foreclosure, Specifically, Defendants in cohort with one another, maliciously and fraudulemtly claim loan ownertship 0f the subject loan 0n Plaintiff’s real property located at 1588 Calco Creek Drive, San Jose. CA 95127 without proof of documentation 0r any evidence at all. Plaintiffhas been victimized and unlawfully deprived 0f his ownership on his prbperty so that Plaintiff continuously assert his legal rights by filing this Complaint in the Santa Clara County Superior Court , the herein case. Although there was a separate case filed by ED PERALES, with an Option to buy the subj ect property, whose legal rights are totally separate distinct as t0 his own equitable interest against Defendants , it cannot be said that he (PERALES), is.an indispensable party in the instant case, as erroneously conveyed by this court. Plaintiff herein has his own legaL interest agains} Defendants which is also separate and distinct t0 that ofEd Perales’ then equitable interest. Moreover, there is n0 controversy, legal 0r otherwise between ED PERALES and Plaintiff herein RALPH NEAL. This has already been indicated in Plaintiffgs previous pleadings. Noteworthy is that if there is an indispensable party , it is JP MORGAN CHASE, which Plaintiffmay serve the Complaint herein t0 include new causes of actions in a First Amendment Complaint. It is judicial notice that the involvement 0f JP MORGAN CHASE is crucial in the determination of this case since JP MORGAN CHASE purportedly tobk over after the bankruptcy of WASHINGTON MUTUAL and could provide the necessary corroborative evidence on this matter. MAIN BASIS OF ARGUMENT: OVERVIEW 0F TRANSACTION CONCERNING SECURITIZATION AND ADMINISTRATION OF THE TRUST (Relevant t0 Amendment) Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 252 of 311 10 11 l2 13 14 15 16 l7 l8 19 20 21 22 23 24 25 I In the mortgage securitization process, the following documents are necessary t0 be produced: a. Pooling and Assumption Agreement, b. Underwriting Agreement, c. Prospectus Supplement, Form 424(B)(5), d. Registration Statement, Form 8-K. The operative and governing document of the Trust is the Pooling and Assumption Agreement which has to be filed with the Securities and Exchange Commission. The PAA and Underwriting Agreement would indicate who is the Depositor required to convey the mortgage loan and the deadline date t0 convey since the PAA specifically requires all parties t0 strictly adhere to the Internal Revenue Code (the “IRC”) Section 860 provisions. (There are times when the mortgage 19am is being conveyed not by the Depositor but by an entity not found in the PSA, which is a prohibited transaction and will VOID any purported the conveyance) . According t0 the Internal Revenue Code 860G, All ofa a REMIC’s Loan ( REMIC stands for Real Esrate Investment Conduits, a product of]986federal tax legislation usedfor the pooling ofmortgage loans and issuance ofmortgage backed securities) “All of a REMIC’S loans must be acquired 0n the startup dav 0f the REMIC 0r within three months thereafter”. Any contribution 0f an asset (other than cash that is contributed t0 the REMIC aftér the Startup Day (or within the allowable 90 day window is deemed an “unqualified 0r prohibited contribution” and can cause the entire REMIC Trust to lose its tax-free status which would be catastrophic t0 the Trust cash flow would be subj ected t0 double-taxation 0r at a minimum, the prohibited transaction is taxed at 100% to the Trust. For this reason, all parties serving as agents for the Trust must strictly adhere to the guidelines and conveyance clauses which would result in double taxatiqn on all trust income, 0r at the very least, subj ect the Trust to 100% tax on any and all prohibited transactions. NEWLY DISCOVERED FACTS AND CIRCUMSTANCES In the instant case, it was newly discovered JP MORGAN CHASE, purported had no valid conveyance to begin with. as it would be highly impossible, among other reasons, that the pooled assets 0n the subject loan would be conveyed to the trust because there were inconsistencies of the date when Plaintiff originally executed the loan with WASHINGTON Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 253 of 311 10 ll 12 13 14 15 16 l7 18 19 20 21 22 23 24 25 MUTUAL on May 2007 and that time frame 0f cutoff date for conveyance of pooled asset into the trfist under the corresponding PAA indicated was allegedly sometime within 2007, which was not actually complied with, inconsistent with the timing of the bankruptcy of Washington Mutual lin September 2008 0f Washington Mutual, whereupon JP MORGAN CHASE allegedly took over immediatély thereafter with a Pooling and Service Agreement . These timing inconsistensies were not discovered until recently so that Plaintiff will conduct discovery procedures 0n Defendants among others the production of the Pooling and Assumption Agreement, the Underwriting Agreement, Assignment of Deed of Trust, among others, if only this court will give a chance for corroborative and related evidence for Plaintiff in the interest 0fjustice.. It then follows that if there is no valid conveyance to begin by JPMORGAN CHASE as mentioned, then any alleged conveyances thereafter is void and of no legal efiect whatsoever. Likewise, any misrepresentation by pretender entities as owners of the loan subsequent therefrom is clearly fraudulent Furthermore, it was also discovered as new fact that no such REMIC TRUST ever existed at all. nor any trust agreement purchasing the loan for that matter. There is indeed no Mortgage Pass Through Pass Through Certificate Series 2007 -OAS in existence at all, also a new discovered fact. Moreover, relative thereto and as regards US BANK NATIONAL BANK AS TRUSTTE, allegedly claiming ownership of the subject loan, it was recently found out as newly discovered facts when US BANK made pertinent admissions (this has many legal repercussions need to be uncovered and litigated for related causes of actions, discussed more below) In the case of fraudulent transaction, it is well settled in California as in the caée of Trout v. Trout (1934), 220 Cal 652 at 656 wherein: “Nfimerous authorities have established the rule that an instrument wholly void, such as undelivered deed, a forged instrument 0r a deed in blank, cannot be made foundation of good title, even under the doctrine of bona fide purchase. Also it is the general rule that “courts have power t0 vacate a foreclosure sale where there has been fraud in the procurement 0f the foreclosure decree or where the sale has been improperly, unfairly 0r unlawfully conducted 0r tainted by fraud, or where there has been such a mistake t0 allow it to stand would be inequitable Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 254 of 311 10 ll l2 l3 14 15 l6 l7 18 l9 20 21 22 23 24 25 1236). (a) to purchase and parties” ( Angels Inc v Stuart_WrIigt Mortgage Inc (2001) 85 Cal App 4‘“ 1279 at ' unless made according to this section. CONTINUING FORECLOSURE IRREGULARITIES BY PRETENDER ENTITIES several lending and mortgage bank institutions implemented deceptive schemes through MEMORANDUM OF POINTS AND AUTHORITIES CCP 1008 ALLOWS FOR MOTION FOR RECONSIDERATION The California Code 0f Civil Procedure 1008 states as follows: When an application for an order has been made t0 a judge , or to acourt, and refused in whole 0r in part, 0r granted..... any party affected by the order may within 10 days after servicéupon the party 0f written notice 0f entry 0f the order, t0 reconsider the matter and modify and amend 0r revoke the prior order. The party making the application shall state by affidavit what application was made before, when and to what judge, what order 0r decisions were made, and what new 0r different facts and circumstances, 0r law are claimed t0 be shown (c) If a court at any time determines that there has been any change 0f law that warrants it to reconsider a prior order it entered, it may do so 0n its own motion and enter a different order. (e) This section specifies the court’s jurisdiction with regard to applications for reconsideration 0f its order and renewals of a previous motion, whether the order deciding the previous matter 0r motion is interim or final application to reconsider any order or for the renewal 0f a pervious motion may be considered by any judge 0r court The mongage market has significantly and unprecedentedly changed in recent years in that lwi Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 255 of 311 10 ll l2 l3 14 15 l6 17 18 19 20 21 22 23 24 25 misleading marketing practices, predatory lendings and document irregularities 0n conveyances and assignments 0f mortgages. The consequences 0f these fraudulent irregularities have created a major impact 0n the economy. In California alone, the total cost 0f the foreclosure crisis to homeowners, the property tax base and local governments could add up t0 $650 billion and possibly reach as much $1 trillion. The fallout from nationwide foreclosures has engulfed middle class communities across the country. Major state legislation bills as of this writing are pending in an effort t0 alleviate the financial turbulence mainly affecting homeowners. Unprecedented lawsuits in the mortgage mess has flooded the courts brought by all parties and players involved in the so called biggest bubble in American history It is clearly a rule 0f law that lenders and servicers Should and could not foreclose unless they are compliant with applicable laws, much more if they are not the owners of the loan. Likewise, Robo-signing activities by banks and lenders are unlawful as to be fully addressed and be under legal scrutiny by courts and federal regulators. It is believed that the signing irregularities which are crucial part 0f this controversy are not mere procedural technicalities but are fatally inherent in the securitization which may not be cured. The robosigning activities which has been so rampant among pretender and predatory lenders has t0 be subject to a discovery procedures if only to give faith back t0 the judicial system especially cried upon by distressed and victimized homeowners by these predatory mortgage and financial institutions . It should be given credence that a Multistate/federal settlement between the state attorney generals and the five leading mortgage servicers have resulted in an approximately $25billion dollars in monetary sanctions and relief. The settlement represents the largest settlement in history that will enable hundreds 0f thousands 0f distressed homeowners stay in their home through enchance loan modifications. The negotiations that led 0n this settlement focused 0n robosigning and mortgage servicing misconducts and for their persistent and continuing the courts should now legally intervene. In fact as 0f this writing many cases have already been favorable t0 homeowners due t0 the pretender entities’ inability to show proof of loan ownerships. Foremost among all is US BANK AS TRUSTEE failing to prove loan ownership, even admitting as newly discovered facts that the true beneficial owners 0f a securitized mortgage are the investors in the MBS (Mortage Back Securities) Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 256 of 311 10 ll 12 l3 14 15 16 17 18 19 20 21 22 23 24 25 Sol what does that lead also lead to? That SELECT PORTFOLIO, sole purpose as alleged Servicer is only t0 maximize the return 0f the Investors, since U S BANK NA AS TRUSTEE cannot be the owner, and most 0fthe time do not even care ifthere is a foreclosure 0n the property. Relevant t0 all these is the California foreclosure law 2924 in that only the owner 0f the loan can initiate foreclosure. Here absolutely, neither US BANK NA AS TRUSTEE, SELECT PORTFOLIO INC, nor FIRST AMERICAN TITLE , have the legal standing at all as regards the subject loan on the property located at 1588 Calco Creek Drive, Dan Jose, California . It is highly noteworthy that there are other legal repercussions leaning Plaintiff’s right t0 amend his Complainti herein, when US BANK has actually admitted in writing fiom their corporate office (newly discovered facts) that : The Borrower is A Party t0 an MBS Transaction; That Securitization Trustees are not involved in the Foreclosure Process; have no advance knowledge of when a loan has defaulted; That the true beneficial owners 0f a securitized mortgage are the Investors in the MBS; and That the goal of a Servicer is t0 maximize the return t0 Investors. (ExhibitA) Inasmuch as La Salie Bank was at one point allegedly in the chain of alleged assignments , it would be relevantly regarded also as newly discovered facts 0r law to cite a recent conclusionary order by an Alabama judge in the case of Horace vs. La Salle Bank National Association, wherein it was determined that La Salle Bank did not comply with the New York Law is attempting t0 obtain assignment 0f Plaintiffs Horace note and mortgage and that La Salle Bank NA had no standing t0 foreclose . Also with this new discovered fact, La Salle Bank could have not also complied with any assignment or transfer to US BANK AS TRUSTEE. Besides, there is no legal docllment nor any recordation 0f this assignment at all. I. MOTIONS FOR LEAVE T0 AMEND ARE LIBERALLY GRANTED BY COURTS A court may in the furtherance ofj ustice, allow a party t0 amend any pleading on any terms as may be proper. (Code of Civil Procedure Sec 473(a), 576. “This statutory provision giving the Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 257 of 311 10 ll 12 13 l4 15 16 l7 18 19 20 21 22 23 24 25 courts the power t0 permit amendments in furtherance 0f justice has received a very liberal interpretation by the courts 0f this state” (Klopstock v. Superior Court (1941)17 Cal 2.d 13,19; see also Nestle v. City of Santa 0f Santa Monica (1972), 6 Cal.3d 920,939, “ That the trial courts are to liberally permit such amendments are at any stage of the proceeding has been established policy since 1901. (Hirsa v. Superior Court (1981) 118 Cal App 3d 486,89 (emphasis in original). The policy favoring leave t0 amend is so strong that it is an abuse of discretion to deny an amendment unless the adverse party can show meaningfiJI prejudice, such as the running of the statute 0f limitations, trial delay, the loss ofcritical evidence, or added preparation costs. (Atkinson v. Elk Corp (2003) 109 Cal App 4'11 739, 761; Solit v. Taoki Bank Ltd (1999) 68 Cal App 41h 1435, 1448. Absent a showing of such prejudice delay alone is not grounds for denial of a motion to amend. (See Kittredge Sports C0. vs. Superior Court 91989) 213 Cal App 1045, 1048; Higgins v. Del Faro (1981) 123 Cal App 3d 558, 563 -565. DEFENDANTS WILL NOT BE PREJUDICED BY THE PROPOSED AMENDMENTS Leave to amend the complaint in the present case is authorized because Defendants and the previously designated Doe Defendants will not be prejudiced by the proposed amendments. The Amendments are not barred by the statute 0f limitations because the amendments relate back 1 t0 the filing 0f the original Complaint. Additionally, the proposed amendments will not delay the trial and will not prejudice any added preparation costs. See Solit, supra 68 Cal App 4‘“ at 1448. A FIRST AMENDMENT T0 THE COMPLAINT WILL NOT DELAY THE STAGE OF PROCEEDINGS Courts apply a policy 0f great liberality in permitting amendment in the complaint at any stage of the proceedings up to and including trial. (See Mesler v. Bragg Magement Co (1 985) 39 Cal 3d 290, 296097; see also Sachs Inc 151 Cal App 3d at 484-85 (finding amendment proper four . years after filing of the original complaint and on the eve 0ftria1). Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 258 of 311 10 11 l2 13 14 15 16 17 18 l9 20 2]. 22 23 24 25 THE FIRST AMENDED COMPLAINT WILL PAVE THE WAY FOR THE PROPER AND RELEVANT NEED FOR DICOVERY IN THE INYEREST OF JUSTICE In the present case, a trial is necessary which based 0n the newly discovered facts Plaintiff can be able to avail the legal process of discovery, which may still timely t0 be propounded by Plaintiff, in an effort t0 corroborate uncovering the truth. CONCLUSION Therefore in the interest 0f justice, Plaintiff respectfully move t0 reconsider the Order recorded 0n Janualy 28, 2020 by the herein court sustaining Defendants SELECT PORTFOLIO SERVICING and US BANK NA , AS TRUSTE’S Demurrer without leave t0 amend, and t0 permit Plaintiff to file a First Amended Complaint Date: February 4, 2020 Plaintiff In Proper 10 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 259 of 311 10 11 12 13 14 15 16 _ 17 ' 18 19 20 21 22 23 24 25 DECLARATION OF PLAINTIFF RALPH B. NEAL I, hereby Ralph B. Neal declare as follow: 1. That I am the Plaintiff in the above entitled case that was originally filed in the Superior Court 0f California , Santa Clara County. 2. That an Order of Dismissal with Pljudice was filed by this Coun 0n January 28, 2020 RE: Defendants Select Portfolio Servicing Inc and U.S. B2Lmk NA’a Demurrer to the Complaint. 3. Plaintiff is théreby submitting this Motion for Reconsideration pursuant to many new discovered facts and law pursuant t0 CCP 1008. 4. Plaintiff was not able to orally argue to challenge give him opportunity to be heard during the hearing. Regardless, the Oppositionpapers filed by Plaintiff indicated the substantive merits of his case. the assignment because the judge did not 5. Plaintiff hereby denies, as the judge indicated in her Order of Dismissal ,that Plaintifi‘ was accusing defendants 0f crimes including insider tradi1}1g of controlled substances and sex trafficking, (surprisingly brought up by this court), wl%ich is not even relevant to the professional, legal and substantive merits of the case. Plaintiff in Proper - Ding is true and correct February 4, 2020 San Jose, California .EW .7 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 260 of 311 EXtHIB TA Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 261 of 311 .4 s..- - H us BANK ADMITS 1N WRmNG FRQM THEélR CORPORATE OFFICE THAT THE” page 1 01 4 \ g = l | i . i ' f‘ \ i ? I . l t i Foreclosure Defense I Nationwide- Mortgage IForeclosure Help r Free Advice ‘ r; 4 E IN WRITING FROM THEIR CORPORATE OFFICE, THAT THE BORRONER Is A PARTY To AN MBs TRANSACTKEDN- THAT SECURITIZATgON TRUSTEES ARE Ii NOT INVOLVEED N THE ' FORECLosuéE PROCESS; HAVE No I ADVANCE KNEOWLEDGE 0F WHEN A . LOAN HAS DéFAULTED; THAT THE' “TRUE BENEFQICIAL OWNERS” 0F A SECURITIZED! MORTGAGE ARE THE INVESTORS IN TI‘JE MBS; AND THAT E E 1 http://f0reClosuredefensenationwide.COIA/?p=5331E 2/4/2020 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 262 of 311 US BANK ADMITS, IN WRITING FROM THEIR CORPORATE OFFICE, THAT THE... Page 2 0f 4; | THE GOAL 0F; A $ERVICER Is To “MAXIMIZE THE R‘ETURN To - ' INVESTORS” A t Posted on November 6, 2013 November 6, 201 3 We have been provided with a copy of U S. Bank Global Corporate Trust Services‘ "Role ‘J of the‘Corporate Trustee” brochure which makes certain incredible admissions. several 0f which squarely disprove and nullify the holdings of various courts around the country which have taken the position that the b rrower “is not a party to" the securitization and is thus not entitled to discovery or challenges to the mortgage loan transfer process. The brochure accompanied a letter from US Bank to one of our clients which states: “Your account is governed by your loan documents and the Trust's governing documents”, which admission clearly demonstrates th at the borrower‘s loan is directly related to - documents governing whatever securitized mortgage loan trust the loan has alleggdly ' been transferred t0. This broch re proves that Courts which have held to the contrary i are wrong on the facts. I The first heading ofthe brochure is styled “Distinct Party Roles". The first sentence of this heading states: “Parties invl Ived in a MBS transaction inciude the borrower, the originator. the servicer and the {rustea each with their own distinct roles, responsibilities and limitations.” MBS is defineJ at the be ginning of the brochure as the sale of “Mortgage Backed Securities in the capital markets”. The fourth page of the brochure also identifies the “Parties to a Mortgage Backed Securities Transaction", with the first being the “Borrower”, foilowed by the Investment Banleponsor, the Investor. the Originator, the Servicer. the Trust (referred to ”generally as a special purpose entity. such as a Real Estate Mortgage Investmgnt Conduit (REMICY’), and the Trustee (stating that “the trustee does not have Ian econo The second page sets forth thai U.S. Bar authority in me foreclosure pro ss." If th mic or beneficial interest in the loans"). 1k, as Trustee, “does not have any discretion or is is true. how can U.S. Bank as Trustee be the Plaintiff in judicial foreclosures orthe foreclosing party in non-judicial foreclosures'lf it has “no authority in the foreclo re proce ss”? The segond page also states: “All trustees for MBS transactions. including U.S. Bank, have no advance knowledge oftvhen a mortgage loan has defaulted.” Really? So when, for example, MERS assigns, in O‘I 1, a loan to a 2004 Trust where the loan has been in hm)://f0reclosuredefensenationwide.con1/?b=533 _A 1“ A w 2/4/2020 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 263 of 311 US BANK ADMITS, IN WRITING FRQM THEiIR CORPORATE OFFICE, THAT THE... Page 3 ofAfi’“ ! . 4|) default since 2008‘ no MBS "truétee" banlf (and note that it says “All" trustees) do not J know that a loan coming into thé trust is ir'1 default? The trustjust blindly accepts loans which may or may not be In default without any advanced due diligence? Right Sure. Of 5 course LOL. ‘ i E H l I However. that may be true, becéuse the tirustee banks do not want to know, for then they {PI can take advantage of the numérous insu‘rances, credit default swaps, reserve pools. " etc. set up to pay the trust wheni loans erg in default, as discussed below. l The same page states that “Anyj action taken by the servicer must maximize the refurn on the investment made by the ‘Ibeneficial owners of the trust’- the investors." The fourth page of the brochure statés that the investors are “the true beneficiat owners of ‘ .' the mortgages" and the third pége of the brochure states "Whether the servicer pursues a foreclosure or considers a modification pf the loan. the goal Is still to maximize the return to investors” (who, again 1are the tEue beneficial owners of the mortgage loans) J_ This is a critical admission in tefins of what happens when a loan is securitized. The borrower initiated a mortgage loan with airegulated mortgage banking institution which is subject to mortgage banking r'ules regulations and conditions with the obligation evidenced by the loan documen s being éne of simple loaning of money and repayment, . period. Once a loan is sold off into a secqritization, the homeowner is no longer dealing : . with a regulated mortgage banking instituition, but with an unregulated private equity n) investorwhich is under no obligfation to aEt in the best interest to maintain the loan 1;; relationship, but to “maximize thfe return”. This, as we know. almost always invotves Hm foreclosure and denial of a loanfmod, as ’a foreclosure (a) results in the acquisition of a d“ tangible asset (the property); anld (b) permits the trust to take advantage of reserve pools, credit default swaps, firsttloss reserves, and other insurances to reap even more monies in connection with the ciiaimed “default" (with no right of setoff as to the value of the property against any such infsurance claims), and in a situation where the same risk was permitted to be undenmitteb many times over, as there was no corresponding legislation or regulation which pfecluded 5 MBS insurer (such as AIG, MGIC, etc.) from writing a policy on the same risté more thgn once. ° é As those 0f you know who havei had Blogmberg reports done on securitized loans, the screens show loans which havg been pla'ced into many trenches (we saw one where the ‘ same loan was collateralized inE41 separgte trenches. each of which corresponded to a different class of MBS), and witfix each cléss of MBS having its own insurance. the “trust" could make 41 separate insurance claims AND foreclose on the house as well! Talk about “maximizing return for the investor?! What has happened is that the securitization patties have unilaterally changed the ennl‘re nature of the mortgage loan contract without gany prior notice to or approval from the biorrower. i g EL 1 http://foreclosuredefensenationwidexo ‘ ?p=53£} 2/4/2020 I i .c‘T: gm: r Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 264 of 311 EXHIBIT B . ‘ w l u i i l i ‘ l l i ‘ J I J ‘ L H ‘ I H I L I J I ‘ l l f l : 1 x [ g ‘ . I Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 265 of 311 \DOO-QQU’Ihu-‘NH NNNNN NNM Nu-I Hr-Ab-np-A‘t-A’p-tu-tr-A >-- 00 Q Q U! A N N H O \D 00 Q 0'1 (Alb U) N b-b O BLED JAN '23 2'020 rk of the CCU“ c um ,oi Santa Cfara BY , nmoA. o v DEPUTY SUPERIOR COURT 0F CALIFORNIA l COUNTY O RALPH B. NEAL, Plalirntiff, vs. i i . FEST AMERICAN TITLE INSURANCE 00., ET AL, F SANTA CLARA Case No. 19CV349019 ORDER REdeBFENDANTS SELECT PORTFOLIO SERVICING, INC. AND US BANK, N.A.’S DEMURRBR T0 THE COMPLAINT 1 >The demurrer to the complaint by defendants Select Portfolio Servicing, Inc. (“SPS”) and U.S. Bank N.A., successor trustee to Bank of America, N.A., successor in interest to La Salle Bank, N.A. as trustee on belhalf of the holders 0f WAMU Mortgage Pass-Through A I Certificates Sen'es 2007~A06 (“US Bank”) (goHectively, “demurring defendants”), came on for I hearing before the Honorable Mary E. Arand on November 7, 2019 at 9:00 am. in Department 9.I The matter having been submitéed, after full consideration of the authoritiw submitted by each party, and arguments made by the parties in their papers and the hearing, the qourt makes I the following rulings: 3 ORDER RE: DEMU 1 ERRERTO THE COMPLAINT i i m»w:4:44 ‘ ‘ggmf A 4A‘4_ Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 266 of 311 \DOONJO‘AUl-hb-IN" NNNNNNBNNr-II-AHHv-ny-nwgflh. OONJO\M&UJ HOKOOO-QQU'IALDNb-IO i 1 1 1 i (“Plaintiff’) obtained a loan in the amount 0f $1,000,000 fi'om Washington Mutual Bank, FA, secured by a deed of trust against real propefiy at 1588 Calco Creek Drive in San Jose. (Sec complaint, exh. A.) On November 4, 2010, an assignment of the deed of trust on the subject property was recorded With the Sana Clara County Recorder, stating that the deed of h'ust was assigled. to Bank of America, Nafic nal Associafion, successor by merger to LaSalle Bank NA as trustee for WaMu Mortgage Ilass-Throlugh Certificates Series 2007~OA6 Trust. (See complaint, exh. B.) On April I9, 2918, a graint deed wag recorded with thé Santa Ciara County Recorder, g'anting Plaintié’s inteirwt in 4km property to himself and Edward J. Perales (“Perales”) as tenants in common. (See IE)ef.’s requwt for judicial notice, exh. C.) Also recorded that day is a notice of ogtion corftract for sale and purchase between himself and PeraIes in the amount of $300. (Sale Defi’sfrequest for judicial notice, exh. D.) On May 30, 2019, a notice of default was recorded againfst the subject property. (See complaint, ‘1] 30, exh. C.) On June 17, 2019, Plaintifi filed the ciomplaint against defendants First American Title Insurance Co. (“FATIC”), U.S. Bank N.A'., successor trustee to Bank of America, N.A., successor in interest to La Salle Bank, N. . as trustee on behalf of the holders of WAMU Mortgage Pass-Through 'Certificatoée Seriw 2007-A06 (“US Bank”), JP Morgan Chase, and Select Portfolio Servicing, Inc. (“SP5”), asserting causw of action for: 1) Cancellation of notice of default; 2) Revocation ofvoid assignments; 3) Declaratory relief; and, 4) Injunctive relief. Defendants SPS and US Bank demur to each of the causes of action, asserting that the complaint fails to state facts suficiqnt to constitute a cause of action against them and Plaintiff l fails to join an indispensable party, Perales. Perales is an indispensable party. 1 Demurring defendants SPS and US flank (collectively, “demurring defendants”) demur t6 the entire complaint on the greaund tha;t Plaintiff has failed to join indispensable party Perales. Code of Civil Procedure sécfion 43,0.10, subdivision (d) states that a defect ofparties I s 2 ORDER RE: DEMUERRER T0 THE COMPLAINT g i This is an action for wrongdll pre-foreclosure. On May 17, 2007, plaintiff Ralph Neal . Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 267 of 311 \OOOQONkh-thI-i N NNNNN NHHHHHHHHHH i 1 1 is a proper ground for demurrer. gHere, as Defendants assert, if Perales is not joined, his absence would subject defendants‘ to a sébstantial risk of incurring double, multiple, or otherwise inqonsistent obligations by reasoA of his claimed interest. (See Code Civ. Proc. § 389, subd (a); sec also Washirigton humal Bank v. Blechman (2007) 157 Cal.AppA‘h 662, 667 (stating that “[a] person is an in ispensabile party to litigation ‘if his or her rights must necessarily be afi'ected by the judgnent’”); see also In re Marriage of Ramirez (2011) I98 CaLAppA‘fi 336, 344 (stating same” Plaigtiff’s confusing opposition does not addrws the issue 0r even acknowledge Perales’ iinterest, i" tead accusing demurring defendants’ counsel of lacking the authority to reaperld, and accusigg Defendants of various crimes. The demurrer is SUSTAINED on this ground. I i Plaintiff lacks standing to challenge the assignment. l . Plaintiff alleges that the ass gnment Iwas unlawfillly made due to the alleged fact that “there are several material inconsistencies anld inaccuracies.” (Complaint, 1} 20.) For example, “[a]s a Seller, Depositor and/or Servicer, WAMU should have had possession of documents and other information concerning Pl intiff’s mortgage loan in any of the Governing Do'cuments and or on in any corresponding T'ust.” ((Elomplaint, 11 2].) Plaintifi also alleges that the signature of Colleen Irby was robo-signed.i (See complaint, 1] 24.) Additionally, “alleged transfers, assigIments of the subject loan welie subsequently pretentiously and unlawfiJIly made and that due to the pretentious chain of assigfiments, it is now unknown and doubtful who is the current Iendcr/beneficiary/assignee with lega} authority and standing regarding the mortgage on subject property.” (Complaint, fl 25.) I The complaint does not alglege that the foreclosure sale has occurred. Here, as Défendants argue, Plaintiff lacks stgmding HE) pursue thwe theories regarding the ?ssignment. (See Saterbak v. JPMorgarz Chase! Bank, RCA. (2016) 245 Cal.AppA‘h 803, 814 [Plaintiff alleged that deed of trust was assigned in an untimely manner and thus void, and that the sigmture on the assignment docu%nent was forged or robo~signed, and court stated that “Saterbak lacks standing to pursule these theories... California courts do not allow such i i 3 a ORDER RE. DEMURRER TO THE COMPLAINT | Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 268 of 311 KDOOQQU’t-DUJNH NMNNNN NHHHr-av-A-nr-IHHH 1 i i 3 a § l i preemptive suits because they ‘would result 1n the impermissible interjection of the courts into a nonjudicial scheme enacted by the Califomia. Legislature”’]; see also Mendoza v. JPMorgan Chase Bank NA. (2016) 6 Cal.App.5th 802, 815-820 ]stating “plaintiff homeowners lack standing to challenge the validity of‘robo-signatures... plaintifi‘ iacks standing to challenge the assignment of her loan and deed ofil trust”]; «see also Kan v. Guild Mortgage Co. (2014) 230 Cal.App.4th 736, 743-745 [stating tillat “[b]ecaUSc California’s uonjudicial foreclosure statutes provide Kan With no basis to challenge the} authority of the entity imtiating the foreclosure process, respondents’ demurrer was properly sustained”]; see also Games v. Countrywide Home Loans, Inc. (2011) 192 Cal App 4‘11 11149, 1156 [stating that “Califomia’s nonjudicial foreclosure law does not provide for the filing of a lawsuit to determine whether MERS has been authorized by the holder of the Note to iEntiate a foreclosure’fl.) 1n opposition, again, Plaintiff fails tofarticulate any basis for standing to challenge the assignment, instead accusing Defe:ndants 6f crimes, including “illegal insider trading of controlled substances,” and “sex trafficking 9f contraband.” As Plaintifi‘ fails to demonstrate how the complaint may be amended; the déniurrer to the complaint on the gonad of a l:ack of standing is SUSTAINED on this grouiimd as w?ll. ! a The assignment is not void for a Ialck of poélsesslon of the note. Although Plaintiff’s complaipt 1's not 5 paragon of clarity, it appears that he alleges that the assignment-and consequently, tjhe noficg of default_are void because Defendants did not have physical fiossession of the itmdcrlyixgag promissory note. However, as demurring defendants argue, “nothing in the {applicable statutes that [govern nonjudicial foreclosure] prgcludefl fo;eclosure when the felieclosing party does not possess the original promissory note.” (Debrwmer v. Deutsche Bar'zk National Trust Co. (2012) 204 Cal.AppA‘h 433, 440.) Again, Plaintifi fiils to addrws this argument in opposition as well. To the extent that the complaint is predicated on the theory that the assignment is void due to Defendants’ failure to physically possm the note, the demuEn‘er is SUSTAINED on this ground as well. i I 1 l J 4 ORDER Rig DEMURRER T0 THE COMPLAINT l _ W‘W A .-_L*‘ Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 269 of 311 \DOONJONUI-D-UJNF‘ NNNNNMNNNi-‘HHD-‘b-AHHHHH ooqam&mwwokooo~qmm-RUJNHO &W i As stated above, Plaintiff fails to dcmoastrate how the complaint may be amended as against dcmurring defendants. (Seef Goodman v. Kennedy (1976) 18 Ca1.3d 335, 349 (stating that “Plaintifi'must show in what ménner he pan amend his complaint and how that 'amendment will change the legal effect 0f hisgpleadingi”), quoting Cooper v. Leslie Salt Co. (1969) 70 Cal.2d 627, 636; sec also Hendy v. iosse (1991) 54 Ca1.3d 723, 742 (stating that “the burden is on the plaintiff... to demonskate the manner in which the complaint might be amended”).) In fact, Plaintiffhas not requested lea is to amend the complaint. At the hearing, PIaintifif argued primarily that the complaint was pr<1>perly pleaded and no amendments were needed. Plaintiff was chose not to articulate in what Way the complaint could be amended as he contended that the claims were already validly stateli, or was unable to describe in what way he could amend. Accordingly, the demurrer tol the comPIaint '15 SUSTAINED without leave to amend. Defendants shall submit'a froposed ijudgnent afier compliance with Rules of Court, Rule 3.1312. In light of the disclairher of inLcrest and declaration of nonmonetary status filed l by First American Title Company to which Plaintifi did not object, the judgnent should be in favor 0fFirst American Title Company also. January $2020 W a Wei Mary E. Arand Judge ofthe Superior Court 5 ORDER RE: DEMURRERTO THE COMPLAINT Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 270 of 311 10 l1 12 .13 l4 15 16 l7 l8 19 2O 21 22 “23 24 25 PROOF OF SERVICE I.,//7\\@VWO hereby declare as follows: 1. That I am over the age 18 and not a party to this the mailing take place. 2. That on February _, 2020, I served the follov NOTICE OF MOTION And MOTION F0 MEMORANDUM OF POINTS AND AUT' RALPH B. NEAL by mailing in a stamped envelope in the United WRIGHT , FINLAY, & ZAK, LLP Gwen H. Ribar, Esq James R. Ramos, Esq 4655 Mac Arthur Court, Ste 200 Newport Beach, CA 92660 I declare under penalty ofperjury under the Iaw foregoing is true and correct M San Jose. California case. I am a resident in the country where, ring: R RECONSIDERATION [-IORITIES; DECLARATION 0F States Post Office, addressed to: s of the State 0f California that the ¥- ;~r:4 1;: 4.354;}: 4 '-‘ wmflj? : Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 271 of 311 EFS-020 ATTORNEY OR PARTY WITHOUT ATTORNEY: STATE BAR NO.: 226275 NAME: Cathy K. Robinson, Esq FIRM NAME: WRIGHT, FIN LAY & ZAK, LLP STREET ADDRESS: 4665 MacArthur Court, Suite 200 CITY: Newport Beach STATE: CA ZIP CODE: 92660 TELEPHONE NO.: (949) 477-5050 FAX NO.: (949) 608-9142 E-MAIL ADDRESS: crobinson@wrightlegal.net ATTORNEY FOR (name). Select Portfolio Servicing, Inc and US Bank NA FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS: 191 N. First Street MAILING ADDRESS: Same CITY AND ZP CODE: San Jose, California, 95113 BRANCH NAME Downtown Superior Court CASE NUMBER: 19CV349019 PLAINTIFF/PETITIONER: RALPH B. NEAL DEFENDANT/RESPONDENT: FIRST AMERICAN TITLE INSURANCE CO, et al OTHER: JUDICIAL OFFICER: Mary E. Arand PROPOSED ORDER (COVER SHEET) DEPT: 9 NOTE: This cover sheet is to be used to electronically file and submit to the court a proposed order. The proposed order sent electronically to the court must be in PDF format and must be attached to this cover sheet. In addition, a version of the proposed order in an editable word-processing format must be sent to the court at the same time as this cover sheet and the attached proposed order in PDF format are filed. 1. Name of the party submitting the proposed order: SELECT PORTFOLIO SERVICING, INC.; and US BANK NA, SUCCESSOR TRUSTEE 2. Title of the proposed order: Proposed Judgment of Dismissal With Prejudice 3. The proceeding to which the proposed order relates is: a. Description of proceeding: Demurrer b. Date and time: November 7, 2019 c. Place: Dept. 9 4. The proposed order was served on the other parties in the case. Cathy K. Robinson, Esq. (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Page 1 of 2 Form Adopted for Mandatory Use Judicial Council of California EFS-020 [Rev. February 1.2017] PROPOSED ORDER (COVER SHEET) (Electronic Filing) Cal. Rules of Court, rules 2.252, 3.1312 www.courtsca.gov on 2/11/2020 12:12 PM Reviewed By: R. Tien Envelope: 4014220 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 272 of 311 EFS-020 CASE NAME: RALPH B. NEAL v. FIRST AMERICAN TITLE INSURANCE CO, et al CASE NUMBER: 19CV349019 PROOF OF ELECTRONIC SERVICE PROPOSED ORDER 1. I am at least 18 years old and not a party to this action. a. My residence or business address is (specify): 4665 MacArthur Court, Suite 200, Newport Beach, California 92660 b. My electronic service address is (specify): ibrown@wrightlegal.net 2. I electronically served the Proposed Order (Cover Sheet) with a proposed order in PDF format attached, and a proposed order in an editable word-processing format as follows: a. On (name of person served) (If the person served is an attorney, the party or parties represented should also be stated.): Ralph B. Neal b. To (electronic semice address of person served): via Mail c. On (date): January 31, 2020 Electronic service of the Proposed Order (Cover Sheet) with the attached proposed order in PDF format and service of the proposed order in an editable word-processing format on additional persons are described in an attachment. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Date: February 11, 2020 lryna Brown c0/7-w-2-7 (TYPE OR PRINT NAME OF DECLARANT) (SIONATURE OF DECLARANT) PROPOSED ORDER (COVER SHEET) (Electronic Filing) Page 2 of 2 EFS-020 [Rev. February 1,2017] Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 273 of 311 WRIGHT, FINLAY & ZAK, LLP Gwen H. Ribar, Esq., SBN 188024 James R. Ramos, Esq., SBN 252916 4665 MacArthur Court, Suite 200 Newport Beach, CA 92660 (Neal II) Telephone: (949) 477-5050; Facsimile: (949) 477-9200 Attorneys for Defendants, SELECT PORTFOLIO SERVICING, INC.; and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS- THROUGH CERTIFICATES SERIES 2007-0A6, erroneously sued herein as "U.S. Bank NA, Successor in Interest to La Salle Bank, NA as Trustee on Behalf of the Holders of the WAMU Mortgage Pass Through Certificates Series 2007-0A6". SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA - CIVIL RALPH B. NEAL, Case No. 19CV349019 Plaintiffs, VS. FIRST AMERICAN TITLE INSURANCE CO; U.S. BANK NA, SUCCESSOR IN INTEREST TO LA SALLE BANK, NA AS TRUSTEE ON BEHALF OF THE HOLDERS OF THE WAMU MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007-0A6; JP MORGAN CHASE; SELECT PORTFOLIO SERVICING, INC; AND DOES 1-20, inclusive Defendants. On November 7, 2019, the Court sustained the Demurrer of Defendants SELECT PORTFOLIO SERVICING, INC. ("SPS") and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-0A6 ("the Trust") (hereinafter, SPS and the Trust shall -1- [PROPOSED] JUDGMENT OF DISMISSAL WITH PREJUDICE CASE NO. 19CV349019 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [PROPOSED] JUDGMENT OF DISMISSAL WITH PREJUDICE Dept.: 9 (Judge Arand) Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 274 of 311 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 sometimes be referred to collectively as "Defendants") to Plaintiff's Complaint without leave to amend. Pursuant to the Court's Order Re: Defendants Select Portfolio Servicing, Inc. and US Bank, N.A.'s Demurrer to the Complaint, entered on January 28, 2020, IT IS THEREFORE ORDERED, ADJUDGED and DECREED that a Judgment of Dismissal, with prejudice, is entered in favor of Defendants SELECT PORTFOLIO SERVICING, INC. and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-0A6 and against Plaintiff RALPH B. NEAL. In light of the disclaimer of interest and declaration of non-monetary status filed on July 10, 2019 by Defendant FIRST AMERICAN TITLE INSURANCE CO, a Judgment of Dismissal, with prejudice, is entered in favor of Defendant FIRST AMERICAN TITLE INSURANCE CO and against Plaintiff RALPH B. NEAL. IT IS SO ORDERED. Date: Superior Court Judge of California -2- [PROPOSED] JUDGMENT OF DISMISSAL WITH PREJUDICE CASE NO. 19CV349019 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 275 of 311 PROOF OF SERVICE I, Iryna Brown, declare as follows: I am employed in the County of Orange, State of California. I am over the age of eighteen (18) and not a party to the within action. My business address is 4665 MacArthur Court, Suite 200, Newport Beach, California 92660. I am readily familiar with the practices of Wright, Finlay & Zak, LLP, for collection and processing of correspondence for mailing with the United States Postal Service. Such correspondence is deposited with the United States Postal Service the same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. On January 31, 2020, I served the within [PROPOSED] JUDGMENT OF DISMISSAL WITH PREJUDICE on all interested parties in this action as follows: [X] by placing [ ] the original [X] a true copy thereof enclosed in sealed envelope(s) addressed as follows: Ralph B. Neal 1588 Calco Creek San Jose, CA 95127 Tel.: (408) 219-1188 Plaintiff In Pro Per [X] (BY MAIL SERVICE) I placed such envelope(s) for collection to be mailed on this date following ordinary business practices. (BY FEDERAL EXPRESS OVERNIGHT- NEXT DAY DELIVERY) I placed true and correct copies thereof enclosed in a package designated by Federal Express Overnight with the delivery fees provided for. (BY ONE LEGAL FILE AND SERVE) I caused the above document(s) to be e-served through One Legal File and Serve to the recipient(s) on the above-referenced address and/or attached service list. (STATE) I declare under penalty of perjury under the law of the State of California that the foregoing is true and correct. Executed on January 31, 2020, at Newport Beach, California. IryOroWn -3- [PROPOSED] JUDGMENT OF DISMISSAL WITH PREJUDICE CASE NO. 19CV349019 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 276 of 311 CM-110 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): WRIGHT, FINLAY & ZAK, LLP Cathy K. Robinson Esq., SBN 226275 4665 MacArthur Court, Suite 200, Newport Beach, CA 92660 TELEPHONE NO.. 949/477-5050 FAX NO. (Optional): 949/608-9142 E-MAIL ADDRESS (Optional): krobinson@wrightlegal.net ATTORNEY FOR (Name): Select Portfolio Servicing; US BANK NA Successor Trustee FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF Santa Clara STREET ADDRESS: 191 N. First Street MAILING ADDRESS: Same CITY AND ZIP CODE: San Jose 95113 BRANCH NAME: Civil PLAINTIFF/PETITIONER: RALPH B. NEAL DEFENDANT/RESPONDENT: FIRST AMERICAN TITLE INSURANCE, et al. CASE MANAGEMENT STATEMENT CASE NUMBER: 19CV349019 (Check one): I 1 1 UNLIMITED CASE I I LIMITED CASE (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: March 17, 2020 Time: 10:00 a.m. Dept.: 6 Div.: Address of court (if different from the address above): Room: 1 i I Notice of Intent to Appear by Telephone, by (name): Cathy K. Robinson, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. I I This statement is submitted by party (name): b. I 1 I This statement is submitted jointly by parties (names): Select Portfolio Servicing; US Bank NA, Successor Trust 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): 06/17/19 b. I The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. I All parties following named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. parties named in the complaint or cross-complaint b. I I The (1) have not been served (specify names and explain why not): I I (2) I I have been served but have not appeared and have not been dismissed (specify names): (3) I I have had a default entered against them (specify names): c. I The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of case a. Type of case in I I complaint cross-complaint (Describe, including causes of action): Cancellation of Notice of Default (dated 05/30/19) and Related Foreclosure Documents; Revocation of Void Assignments; Declaratory Relief on Pooling and Servicing Agreement; Injunctive Relief Page 1 of 5 Form Adopted for Mandatory Use Judicial Council of California CM-110 [Rev. July 1,20111 CASE MANAGEMENT STATEMENT Cal. Rules of Court, rules 3.720-3.730 www.courts.ca.gov Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/2/2020 12:37 PM Reviewed By: System System Case #19CV349019 Envelope: 4106458 19CV349019 Santa Clara - Civil System System Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 277 of 311 CM-110 PLAINTIFF/PETITIONER: RALPH B. NEAL CASE NUMBER: DEFENDANT/RESPONDENT: FIRST AMERICAN TITLE INSURANCE, et al. 19CV349019 4. b. Provide a brief statement of the case, including any damages. (If personal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Defendants' demurrer to the complaint was sustained without leave to amend, and it appears that Plaintiff has moved for reconsideration of the court's ruling. The Motion for Reconsideration is set for hearing on 4/21/20. I I (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request I I a jury trial I I a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. I The trial has been set for (date): b. I I No trial date has been set. This case will be ready for trial within 12 months of the date of the filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): May 8, 2020 (trial); May 14-25, 2020 (vacation); July 27, 2020 (trial); September 21, 2020 (trial) 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. I 1 I days (specify number): 1-3 b I hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial I .1 I by the attorney or party listed in the caption I I by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: I I e. E-mail address: g. Party represented: Additional representation is described in Attachment 8. 9. Preference This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel I I has I J.( I has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For self-represented parties: Party I I has has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). This matter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) 1 j Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.11. (3) I I This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Court or from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): (1) 1 I CM-110 [Rev. July 1,2011] CASE MANAGEMENT STATEMENT Page 2 of 5 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 278 of 311 CM-110 PLAINTIFF/PETITIONER: RALPH B. NEAL CASE NUMBER: DEFENDANT/RESPONDENT: FIRST AMERICAN TITLE INSURANCE, et al. 19CV349019 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check all that apply): If the party or parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties' ADR stipulation): (1) Mediation = Mediation session not yet scheduled Mediation session scheduled for (date): = = Agreed to complete mediation by (date): = Mediation completed on (date): (2) Settlement conference I= Settlement conference not yet scheduled MN Settlement conference scheduled for (date): IIM = Agreed to complete settlement conference by (date): = Settlement conference completed on (date): (3) Neutral evaluation MI Neutral evaluation not yet scheduled = Neutral evaluation scheduled for (date): =I = Agreed to complete neutral evaluation by (date): MI Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration I= Judicial arbitration not yet scheduled =Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): M Judicial arbitration completed on (date): (5) Binding private arbitration = Private arbitration not yet scheduled = Private arbitration scheduled for (date): NM = Agreed to complete private arbitration by (date): M Private arbitration completed on (date): (6) Other (specify): = ADR session not yet scheduled = ADR session scheduled for (date): M NM Agreed to complete ADR session by (date): MI ADR completed on (date): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 3 of 5 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 279 of 311 CM 110 PLAINTIFF/PETITIONER: RALPH B. NEAL CASE NUMBER: DEFENDANT/RESPONDENT: FIRST AMERICAN TITLE INSURANCE, et al. 19CV349019 11. Insurance a. I I Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: I Yes I I No c. I I Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status. I I Bankruptcy I Other (specify): Status: 13. Related cases, consolidation, and coordination a. I I There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status: Additional cases are described in Attachment 13a. b. I I A motion to I I consolidate I I coordinate will be filed by (name party): 14. Bifurcation I 1 The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions I I The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. I I The party or parties have completed all discovery. b. I I The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date C. The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 280 of 311 CM-110 PLAINTIFF/PETITIONER: RALPH B. NEAL CASE NUMBER: DEFENDANT/RESPONDENT: FIRST AMERICAN TITLE INSURANCE, et al. 19CV349019 17. Economic litigation a. I I This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b I I This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues I I The party or parties request that the following additional matters be considered or determined at the case management conference (specify): 19. Meet and confer a. I 1 I The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): I am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stip ations on these issues at the time of the case management conference, including the written authority of the party where require Date: March 2, 2020 Cathy K. Robinson, Esq. (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAME) (SIGNATURE OF PARTY OR ATTORNEY) Additional signatures are attached. CM-110 [Rev. July 1, 20111 CASE MANAGEMENT STATEMENT Page 5 of 5 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 281 of 311 Iry4/ PROOF OF SERVICE I, Iryna Brown, declare as follows: I am employed in the County of Orange, State of California. I am over the age of eighteen (18) and not a party to the within action. My business address is 4665 MacArthur Court, Suite 200, Newport Beach, California 92660. I am readily familiar with the practices of Wright, Finlay & Zak, LLP, for collection and processing of correspondence for mailing with the United States Postal Service. Such correspondence is deposited with the United States Postal Service the same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. On March 2, 2020, I served the within CASE MANAGEMENT STATEMENT on all interested parties in this action as follows: [X] by placing [ ] the original [X] a true copy thereof enclosed in sealed envelope(s) addressed as follows: Ralph B. Neal 1588 Calco Creek San Jose, CA 95127 Tel.: (408) 219-1188 Plaintiff In Pro Per [X] (BY MAIL SERVICE) I placed such envelope(s) for collection to be mailed on this date following ordinary business practices. (BY FEDERAL EXPRESS OVERNIGHT- NEXT DAY DELIVERY) I placed true and correct copies thereof enclosed in a package designated by Federal Express Overnight with the delivery fees provided for. (BY ONE LEGAL FILE AND SERVE) I caused the above document(s) to be e-served through One Legal File and Serve to the recipient(s) on the above-referenced address and/or attached service list. (STATE) I declare under penalty of perjury under the law of the State of California that the foregoing is true and correct. Executed on March 2, 2020, at Newport Beach, California. \ 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 record of the transmission, a copy of which is attached to the original Proof of Service. H LI] [X] PROOF OF SERVICE Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 282 of 311 SUPERIOR COURT 0F CALIFORNIA COUNTY OF SANTA CLARA Plaintiff: RALPH NEAL MAR 0 5 2020 rk of the Court Defendant: FIRST AMERICAN TITLE INSURANCE 33“” “mm" °' 39%;?” CO., et a1 NOTICE OF RESCHEDULED HEARING: Case Number: 19CV349019 CURRENTLY SET: April 21, 2020 at 9:00 a.m., Dept. 6 NEW HEARING DATE: April 3, 2020 at 10:00 a.m., Dept. 9 Plaintiff’s MOTION FOR RECONSIDERATION presently set for hearing on April 21, 2020 at 9:00 am. in Depamnent 6 before the Honorable Maureen A. Folan, is VACATED AND IS RESCHEDULED ON THE COURT’S OWN MOTION to April 3, 2020 at 10:00 a.m. in Department 9 before the Honorable Mary E. Arand. Courthouse location: Downtown Superior Court 191 N. First St. San Jose, CA 951 13 Dated: 7 J'- ’1/O ’2» WT! e.M Mary E. Arand Judge 0f the Superior Court NOTICE OF RESCHEDULED HEARING Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 283 of 311 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA DOWNTOWN COURTHOUSE 191 NORTH FIRST STREET SAN JOSE, CALIFORNIA 95 1 13 CIVIL DIVISION I MAR 0 5 2020 ’C of the Court Su 9 o 1 County ofSanta Clara BY DEPUTY RE: Ralph Neal vs First American Title Insurance Co. et al Case Number: 1QCV349019 PROOF 0F SERVICE NOTICE OF RESCHEDULED HEARING was delivered to the parties tisted below the above entitled case as set forth in the sworn declaration below. [f you‘ a party represented by you, or a witness lo be called on behalf of that party need an accommodation under the American with Disabilities Act. please contact the Court Administrator’s office at (408) 882-2700. or use the Court's TDD line (408) 882-2690 or the Voice/TDD California Relay Service (800) 735-2922. DECLARATION 0F SERVICE BY MAIL: | declare that | served this notice by enclosing a true copy in a sealed envelope, addressed to each person whose name is shown below. and by depositing the envelope with postage fully prepaid, in the United States Mail at San Jose, CA on March 05. 2020. CLERK OF THE COURT. by Catherine Pham, Deputy. cc: Ralph B Nea1 1588 Calco Creel Dr SAN JOSE CA 95127 James Jose Ramos Wright Finlay 8: Zak LLP 4665 MacArthur Court Suite 200 Newport Beach CA 92660 CW-9027 REV 12/08/16 PROOF OF SERVICE Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 284 of 311 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 WRIGHT, FINLAY & ZAK, LLP Gwen H. Ribar, Esq., SBN 188024 Cathy K. Robinson, Esq., SBN 226275 4665 MacArthur Court, Suite 200 Newport Beach, CA 92660 (Neal II) Telephone: (949) 477-5050; Facsimile: (949) 608-9142 Email: crobinson@wrightlegal.net Attorneys for Defendants, SELECT PORTFOLIO SERVICING, INC.; and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS- THROUGH CERTIFICATES SERIES 2007-0A6, erroneously sued herein as "U.S. Bank NA, Successor in Interest to La Salle Bank, NA as Trustee on Behalf of the Holders of the WAMU Mortgage Pass Through Certificates Series 2007-0A6" SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA - CIVIL RALPH B. NEAL, Plaintiffs, VS. FIRST AMERICAN TITLE INSURANCE CO; U.S. BANK NA, SUCCESSOR IN INTEREST TO LA SALLE BANK, NA AS TRUSTEE ON BEHALF OF THE HOLDERS OF THE WAMU MORTGAGE PASS THROUGH CERTIFICATES SERIES 2007-0A6; JP MORGAN CHASE; SELECT PORTFOLIO SERVICING, INC; AND DOES 1-20, inclusive Defendants. TO THE HONORABLE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF RECORD, IF ANY: PLEASE TAKE NOTICE THAT Defendants SELECT PORTFOLIO SERVICING, INC. ("SPS") and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA Case No. 19CV349019 Assigned to Hon. Mary E. Arand, Dept. 9 OBJECTIONS OF DEFENDANTS SELECT PORTFOLIO SERVICING, INC. and US BANK NA, SUCCESSOR TRUSTEE TO DECLARATION OF PLAINTIFF FILED IN SUPPORT OF MOTION FOR RECONSIDERATION Hearing: Date: April 3, 2020 Time: 10:00 a.m. Dept.: 9 OBJECTIPONS TO DECLARATION OF PLAINTIFF FILED IN SUPPORT TO MOTION FOR RECONSIDERATION Electronically Filed by Superior Court of CA, County of Santa Clara, on 3/17/2020 4:36 PM Reviewed By: J. Viramontes Case #19CV349019 Envelope: 4181477 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 285 of 311 SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-0A6 ("the Trust") (hereinafter, SPS and the Trust shall sometimes be referred to collectively as "Defendants") hereby submit the following Evidentiary Objections to (1) the Declaration of RALPH B. NEAL ("Neal Dec") and Exhibit A filed in support of Motion for Reconsideration. MATERIAL OBJECTED TO: OBJECTION: Exhibit "A" to the Motion for Reconsideration. 1. Irrelevant. California Evidence Code ("Ev. Code") §§ 210, 350, 351. 2. Lack of Foundation. Ev. Code § 403 3. Hearsay 4. The probative value, if any, is substantially outweighed by the danger of unfair prejudice, confusing the issues, and wasting time. Ev. Code § 352. 1. Neal Dec., ill 4; "Plaintiff was not able to orally argue to challenge the assignment because the judge did not give him opportunity to be heard during the hearing. Regardless, the Opposition papers filed by Plaintiff indicated the substantive merits of his case." 1. Irrelevant. California Evidence Code ("Ev. Code") §§ 210, 350, 351. 2. Neal Dec., iii 4; "Plaintiff hereby denies, as the judge indicated in her Order of Dismissal ,that Plaintiff was accusing defendants of crimes including insider trading of controlled substances and sex trafficking, (surprisingly brought up by this court), which is not even relevant to the professional legal and substantive 1. Irrelevant. California Evidence Code ("Ev. Code") §§ 210, 350, 351. a. Plaintiff does not rely on any purported discovery requests in support of her Opposition. -2- OBJECTIPONS TO DECLARATION OF PLAINTIFF FILED IN SUPPORT TO MOTION FOR RECONSIDERATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 286 of 311 Dated: March 17, 2020 Respectfully submitted, WRIGHT, FINLAY & ZAK, LLP By: s/ Cathy K Robinson Cathy K. Robinson, Esq. Attorneys for Defendants, SELECT PORTFOLIO SERVICING, INC.; and US BANK NA, SUCCESSOR TRUSTEE TO BANK OF AMERICA, NA SUCCESSOR IN INTEREST TO LA SALLE BANK NA, AS TRUSTEE ON BEHALF OF THE HOLDERS OF WAMU MORTGAGE PASS-THROUGH CERTIFICATES SERIES 2007-0A6. -3- OBJECTIPONS TO DECLARATION OF PLAINTIFF FILED IN SUPPORT TO MOTION FOR RECONSIDERATION merits of the case." 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 287 of 311 Iryn PROOF OF SERVICE I, Iryna Brown, declare as follows: I am employed in the County of Orange, State of California. I am over the age of eighteen (18) and not a party to the within action. My business address is 4665 MacArthur Court, Suite 200, Newport Beach, California 92660. I am readily familiar with the practices of Wright, Finlay & Zak, LLP, for collection and processing of correspondence for mailing with the United States Postal Service. Such correspondence is deposited with the United States Postal Service the same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. On March 17, 2020,1 served the within OBJECTIONS OF DEFENDANTS SELECT PORTFOLIO SERVICING, INC. and US BANK NA, SUCCESSOR TRUSTEE TO DECLARATION OF PLAINTIFF FILED IN SUPPORT OF MOTION FOR RECONSIDERATION on all interested parties in this action as follows: [X] by placing [ ] the original [X] a true copy thereof enclosed in sealed envelope(s) addressed as follows: Ralph B. Neal 1588 Calco Creek San Jose, CA 95127 Tel.: (408) 219-1188 Plaintiff In Pro Per (BY MAIL SERVICE) I placed such envelope(s) for collection to be mailed on this date following ordinary business practices. (BY FEDERAL EXPRESS OVERNIGHT- NEXT DAY DELIVERY) I placed true and correct copies thereof enclosed in a package designated by Federal Express Overnight with the delivery fees provided for. (BY ONE LEGAL FILE AND SERVE) I caused the above document(s) to be e-served through One Legal File and Serve to the recipient(s) on the above-referenced address and/or attached service list. (STATE) I declare under penalty of perjury under the law of the State of California that the foregoing is true and correct. Executed on March 17, 2020, at Newport Beach, California. -10 -4- OBJECTIPONS TO DECLARATION OF PLAINTIFF FILED IN SUPPORT TO MOTION FOR RECONSIDERATION 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 288 of 311 1QCV34901 9 Santa Clara - Civil WeMQ/stem ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Barnumber, and address)Wright Finlay & Zak LLP FOR COURT USE ONLY Cathy K. Robinson, Esq., SBN 226275 Electronically Filed 4665 MacArthur Court, Suite 200 by superior court of CA, Newport Beach, CA 92660 County of Santa Clara, TELEPHONE No.: (949) 477-5050 FAX No. (Optional):(949) 608-9142 on 7/27/2020 12:27 PM E-MAILADDRESS(0ptionaI): crobinson@wrightlega|.net Reviewed By: System System ATTORNEY F0R(Name):Select Portfolio Servicing, Inc, and US Bank. N.A, as Truste case #1 9cv349019 SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F Santa Clara Envelope: 4663527 STREETADDRESS: 191 N. First Street MAILING ADDRESS: same C'TYAND Z'P CODE San Jose, California, 951 13 BRANCH NAME Downtown Superior Court PLAINTIFF/PETITIONER: RALPH B. NEAL DEFENDANT/RESPONDENT: FIRST AMERICAN TITLE INSURANCE CO, ET AL CASE MANAGEMENT STATEMENT CASE NUMBERI (Check one): UNLIMITED CASE E LIMITED CASE 190v349019 (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE MANAGEMENT CONFERENCE is scheduled as follows: Date: August 11, 2020 Time: 10:00 am Dept: 6 Div.: Room: Address of court (if different from the address above): Notice of Intent to Appear by Telephone, by (name): Cathy K. Robinson, Esq. INSTRUCTIONS: All applicable boxes must be checked, and the specified information must be provided. 1. Party or parties (answer one): a. E This statement is submitted by party (name): b. This statement is submitted jointly by parties (names): Select Portfolio Servicing, Inc, and US Bank. N.A. 2. Complaint and cross-complaint (to be answered by plaintiffs and cross-complainants only) a. The complaint was filed on (date): b. E The cross-complaint, if any, was filed on (date): 3. Service (to be answered by plaintiffs and cross-complainants only) a. E A|| parties named in the complaint and cross-complaint have been served, have appeared, or have been dismissed. b. E The following parties named in the complaint or cross-complaint (1) E have not been served (specify names and explain why not): (2) E have been served but have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specify names): c. E The following additional parties may be added (specify names, nature of involvement in case, and date by which they may be served): 4. Description of ca_se 3- Type 0f case In complaint E cross-complaint (Describe, including causes of action): Cancellation of Notice of Default (dated 05/30/19) and Related Foreclosure Documents; Revocation of Void Assignments; Declaratory Relief on Pooling and Servicing Agreement; Injunctive Relief Page 1 of 5 Form Adopted for Mandatory Use Cal. Rules of Court, Judicial Council of California CASE MANAGEMENT STATEMENT rules 3720-3130 CM-1 1o [Rev. July 1, 2011] www.courts.ca.gov Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 289 of 311 CM-110 PLAINTIFF/PETITIONER: RALPH B. NEAL CASENUMBER 190V34901 9 DEFENDANT/RESPONDENT: FIRST AMERICAN TITLE INSURANCE CO, ET AL 4. b. Provide a brief statement of the case, including any damages. (prersonal injury damages are sought, specify the injury and damages claimed, including medical expenses to date [indicate source and amount], estimated future medical expenses, lost earnings to date, and estimated future lost earnings. If equitable relief is sought, describe the nature of the relief.) Plaintiff has moved for reconsideration of the judgment of dismissal following def‘s demurrer being sustained without leave to amend, which is currently set for hearing on 7/31/20. Generally, Plaintiff alleges that SPS and the Trust lacked standing to foreclose on the property because the loan assignments had been robo-signed. Proposed Judgment of Dismissal was submitted to the Court on February 11, 2020.E (If more space is needed, check this box and attach a page designated as Attachment 4b.) 5. Jury or nonjury trial The party or parties request E a jury trial a nonjury trial. (If more than one party, provide the name of each party requesting a jury trial): 6. Trial date a. E The trial has been setfor (date): b. No trial date has been set. This case will be ready for trial within 12 months ofthe date ofthe filing of the complaint (if not, explain): c. Dates on which parties or attorneys will not be available for trial (specify dates and explain reasons for unavailability): November 2, 2020 (Trial), November 16, 2020 (Trial); December 14, 2020 (trial); March 8, 2021 (trial) 7. Estimated length of trial The party or parties estimate that the trial will take (check one): a. days (specify number): 1'2 days benCh trial b. E hours (short causes) (specify): 8. Trial representation (to be answered for each party) The party or parties will be represented at trial m by the attorney or party listed in the caption E by the following: a. Attorney: b. Firm: c. Address: d. Telephone number: f. Fax number: e. E-mail address: g. Party represented:E Additional representation is described in Attachment 8. 9. PreferenceE This case is entitled to preference (specify code section): 10. Alternative dispute resolution (ADR) a. ADR information package. Please note that different ADR processes are available in different courts and communities; read the ADR information package provided by the court under rule 3.221 for information about the processes available through the court and community programs in this case. (1) For parties represented by counsel: Counsel has E has not provided the ADR information package identified in rule 3.221 to the client and reviewed ADR options with the client. (2) For seIf-represented parties: PartyE has E has not reviewed the ADR information package identified in rule 3.221. b. Referral to judicial arbitration or civil action mediation (if available). (1) E This matter is subject to mandatoryjudicial arbitration under Code of Civil Procedure section 1141 .11 or to civil action mediation under Code of Civil Procedure section 1775.3 because the amount in controversy does not exceed the statutory limit. (2) E Plaintiff elects to refer this case to judicial arbitration and agrees to limit recovery to the amount specified in Code of Civil Procedure section 1141.1 1. (3) E This case is exempt from judicial arbitration under rule 3.811 of the California Rules of Courtor from civil action mediation under Code of Civil Procedure section 1775 et seq. (specify exemption): CM-“O [ReV-Ju'y 1120111 CASE MANAGEMENT STATEMENT ”962°” Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 290 of 311 CM-110 PLAINTIFF/PETITIONER: RALPH B_ NEAL DEFENDANT/RESPONDENTZ FIRST AMERICAN TITLE INSURANCE CO, ET AL CASE NUMBER: 1QCV34901 9 10. c. Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to participate in, or have already participated in (check all that apply and provide the specified information): The party or parties completing this form are willing to participate in the following ADR processes (check all that apply): If the party or parties completing this form in the case have agreed to participate in or have already completed an ADR process or processes, indicate the status of the processes (attach a copy of the parties'ADR stipulation): E (1) Mediation Mediation session not yet scheduled Mediation session scheduled for (date): Agreed to complete mediation by (date): Mediation completed on (date): (2) Settlement conference Settlement conference not yet scheduled Settlement conference scheduled for (date): Agreed to complete settlement conference by (date): Settlement conference completed on (date): (3) Neutral evaluation Neutral evaluation not yet scheduled Neutral evaluation scheduled for (date): Agreed to complete neutral evaluation by (date): Neutral evaluation completed on (date): (4) Nonbinding judicial arbitration Judicial arbitration not yet scheduled Judicial arbitration scheduled for (date): Agreed to complete judicial arbitration by (date): Judicial arbitration completed on (date): (5) Binding private Private arbitration not yet scheduled Private arbitration scheduled for (date): arbitration Agreed to complete private arbitration by (date): Private arbitration completed on (date): ADR session not yet scheduled E ADR session scheduled for (date): (6) Other (specify): DUDE DUDE DUDE DUDE DUDE DUDE Agreed to complete ADR session by (date): ADR completed on (date): CM-110 [Rev. July 1, 2011] Page 3 of 5 CASE MANAGEMENT STATEMENT Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 291 of 311 PLAINTIFF/PETITIONER: RALPH B. NEAL DEFENDANT/RESPONDENT: CM-110 CASE NUMBER: FIRST AMERICAN TITLE INSURANCE CO, ET AL 1QCV349019 11. Insurance a. E Insurance carrier, if any, for party filing this statement (name): b. Reservation of rights: E Yes E No c. E Coverage issues will significantly affect resolution of this case (explain): 12. Jurisdiction Indicate any matters that may affect the court's jurisdiction or processing of this case and describe the status.E Bankruptcy E Other (specify): Status: 13. Related cases, consolidation, and coordination a_ E There are companion, underlying, or related cases. (1) Name of case: (2) Name of court: (3) Case number: (4) Status:E Additional cases are described in Attachment 13a. b. E A motion to E consolidate E coordinate will be filed by (name party): 14. BifurcationE The party or parties intend to file a motion for an order bifurcating, severing, or coordinating the following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motionsE The party or parties expect to file the following motions before trial (specify moving party, type of motion, and issues): 16. Discovery a. E The party or parties have completed all discovery. b. The following discovery will be completed by the date specified (describe all anticipated discovery): Party Description Date Defendants Written Discovery TBD Defendants Depositions TBD c_ E The following discovery issues, including issues regarding the discovery of electronically stored information, are anticipated (specify): CM-110 [Rev. July 1, 2011] CASE MANAGEMENT STATEMENT Page 4 of 5 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 292 of 311 CM-110 PLAINTIFF/PETITIONER: RALPH B. NEAL CASE NUMBER:- 190V349019 DEFENDANTRESPONDENT; FIRST AMERICAN TITLE INSURANCE CO, ET AL 17. Economic litigation a.E This is a limited civil case (i.e., the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. b.E This is a limited civil case and a motion to withdraw the case from the economic litigation procedures or for additional discovery will be filed (if checked, explain specifically why economic litigation procedures relating to discovery or trial should not apply to this case): 18. Other issues The party or parties request that the following additional matters be considered or determined at the case management conference (specify): If the Court reconsiders its ruling on the demurrer to the amended complaint, it is anticipated that Defendants would bring a subsequent demurrer to the pleadings before the case is at issue. 19. Meet and confer a.E The party or parties have met and conferred with all parties on all subjects required by rule 3.724 of the California Rules of Court (if not, explain): b. After meeting and conferring as required by rule 3.724 of the California Rules of Court, the parties agree on the following (specify): 20. Total number of pages attached (if any): 0 | am completely familiar with this case and will be fully prepared to discuss the status of discovery and alternative dispute resolution, as well as other issues raised by this statement, and will possess the authority to enter into stipulations on these issues at the time of the case management conference, including the written authority of the party where required. Date: July 27, 2020 Cathy K. Robinson, Esq. ’ /S/Cathy K. Robmson (TYPE OR PRINT NAM E) (SIGNATURE OF PARTY OR ATTORNEY) (TYPE OR PRINT NAM E) (SIGNATURE OF PARTY OR ATTORN EY)E Additional signatures are attached. CM-“O [ReV-Ju'v 1120111 CASE MANAGEMENT STATEMENT Page5°f5 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 293 of 311 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE I, Iryna Brown, declare as follows: I am employed in the County 0f Orange, State 0f California. I am over the age 0f eighteen (18) and not a party t0 the within action. My business address is 4665 MacArthur Court, Suite 200, Newport Beach, California 92660. I am readily familiar with the practices of Wright, Finlay & Zak, LLP, for collection and processing 0f correspondence for mailing with the United States Postal Service. Such correspondence is deposited with the United States Postal Service the same day in the ordinary course 0f business. I am aware that 0n motion 0f party served, service is presumed invalid if postal cancellation date 0r postage meter date is more than one day after date 0f deposit for mailing in affidavit. On July 27, 2020, I served the within CASE MANAGEMENT STATEMENT on all interested parties in this action as follows: [X] by placing [ ] the original [X] a true copy thereof enclosed in sealed envelope(s) addressed as follows: Ralph B. Neal 1588 Calco Creek San Jose, CA 95 127 Tel.: (408) 219-1 188 Plaintiff In Pro Per [X] (BY MAIL SERVICE) I placed such envelope(s) for collection t0 be mailed 0n this date following ordinary business practices. record 0f the transmission, a copy 0fwhich is attached t0 the original Proof 0f Service. [ ] (BY FEDERAL EXPRESS OVERNIGHT- NEXT DAY DELIVERY) I placed true and correct copies thereof enclosed in a package designated by Federal Express Overnight with the delivery fees provided for. [ ] (BY ONE LEGAL FILE AND SERVE) I caused the above document(s) t0 be e-served through One Legal File and Serve t0 the recipient(s) 0n the above-referenced address and/or attached service list. [X] (STATE) I declare under penalty 0f perjury under the law 0f the State 0f California that the foregoing is true and correct. Executed 0n July 27, 2020, at Newport Beach, California. 1 PROOF OF SERVICE Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 294 of 311 10 ll 12 13 14 15 16 17 18 19 20 21 22 23 24 25 RALPH NEAL 1588 Calco Creek San Jose, CA 95127 Tel: (408)219-1 188 Plaintiff in Proper RALPH NEAL, SUPERIOR COURT OF CALIFORNIA SANTA CLARA COUNTY Unlimited Jurisdiction Plaintiff, VS. FIRST AMERICAN TITLE INSURANCE (30., DOES 1-20, inclusive, Defendants Vvvvvvvvvvvvvvvvvvvvvvvv FELE JUL 2 9 ZDZU Clerk of the Court Superior Court oi CA County oi Santa Clara BY___ DEPUTV L. Del Mund/o/ Civil Case N0. 19CV349019 f RE: MOTION FOR RECONSIDERATION ON PLAINTIFF’S’ OPPOSITION TO DENIED DEMURRER SUPPLEMENTAL MEMORANDUM 0F POINTS AND AUTHORITIES DECLARATION OF RALPH NEAL Date: July 3 1, 2020 Time: 10:00 am. Dept: 9 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 295 of 311 10 ll 12 13 14 15 l6 l7 l8 19 20 21 22 23 24 25 SUPPLEMENTAL NIEMORANDUM OF POINTS AND AUTHORITIES rm It would be significantly worthy t0 begin that even, the Court 0f Appeals ,, Fourth Appellate District in the State 0f California Case No D075582 in Nora Masoud vs. JPMORGAN (Attached Order, Exhibit A) recognizes in such recent Order 0n a Motion for Reconsideration in favor 0f Plaintiff homeowner Masoud t0 grant leave to amend when the court 0f appeals clearly stated “ Liberalitv in permitting amendment ofpleadings, even where there have been earlier opportunities, is required bv this state’s well-established public policy favoring resolution 0f cases 0n their merits wherever possible. ” See also Douglas vs. Superior Court (1989) 215 Cal.App. 3d 155, 158). Significantly, this state court’s attention should be focused on the following parallels why grant for leave to amend should be accorded t0 herein Plaintiff Ralph Neal: 1. Both Masoud, (in re Masoud) and herein Plaintiff have the same original loan originator, WAMU, which filed bankruptcy on September 25, 2008, after being closed by the Office 0f Thrift Supervision, whereby FDIC acted as Receiver, allegedly transferring all financial and business operations to include mortgage loans t0 JP ' MORGAN CHASE. 2. Both Masoud and herein Plaintiff‘s mortgage loans were determinative 0n the Purchase and Assumption Agreement (P&A) with FDIC and JPMORGAN CHASE, inasmuch as the PAA governed the specifically the assets and liabilities that had t0 be transferred t0 ' JPMORGAN CHASE, which should include the mortgage loans and supposedly to be indicated in the attached exhibits to the P&A. 3. Both the Masoud and herein case after sustaining their Defendants demurrer , a Motion for Reconsideration was filed. ( although in Masoud, the Plaintiff Masoud filed an Appeal,the herein Plaintiff may have not yet, depending 0n this courts decision) Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 296 of 311 10 ll 12 13 ‘14 l5 l6 17 18 l9 20 21 22 23 24 25 4. In Masoud the appeals court stated (p. 8 0n its Order) to wit: . CHASE and FDIC t0 conclude that Chase obtained the rights t0 Masoud ’s deed ofmtst. ' any intention of doing so the FDIC, WAMU’S receiver , for the protection 0f the In sustaining the demurrer the trial court relied 0n the P&A Agreement between Bur the legal meaning offhe P&A Agreement 1's that Chase obtained whatever assets WAMUpossessed as ofSeptember 2008. It does not exhaustively list what assets those were. In the herein case, Plaintiff Ralph Neal have always emphasized in this pleadings the evidentiary value 0f the P & A Agreement, between CHASE and FDIC, which has t0 be relied upon among others, likewise by this court, whereupon Chase may have obtained whatever assets WAMU possessed aa 0f September 2008, but ii does not exhaustively list what assets those were. Recent discovereies now have been shed to light that many new ultimate factual allegations can be made in an amended complaint. The plain fact is that WMAU sold many motgage loans before CHASE entered the picture. Clear and convincingly, CHASE did not buy them and did not acquire any mortgage loans whatsoever. If they had stakeholders would have demanded far greater consideration than the zero consideration recited in the Purchase and Agreement executed 0n September 25, 2008. That’s why these mortgage loans were not legally included in the FDIC receivership, as also there was n0 specific schedule listed referencing those loans (to include that of Plaintiff), which means that there were n0 WAMU mortgage loans assigned to 0r received by CHASE , and consequenyly t0 any subsequent pretender entities sugh as now, SELECT PORTFOLIO and US BANK NA, AS TRUSTEE. Regardless, even assuming that some mortgage loans were not sold by WAMU prior t0 its bankruptcy, the remnants mortgage loans under alleged securitized trust were all Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 297 of 311 10 ll 12 13 l4 15 16 l7 l8 19 2O 21 22 23 24 25 “bankruptcy remote’ during the WAMU bankruptcy in 2008 and that “legally isolated”, with the then investor creditor claims, so that FDIC could have not received those mortgage loans under the receivership, nor could have been assigned subsequently t0 CHASE, as there was nothing to assign anymore. The Policv Favoring Leave t0 Amend in this Case is Strong Especially with Factual Similarities with recent Massoud Case The recent Masoud case which have striking parallels with the herein case cannot be more emphasized , and as also where courts apply a policy 0f great liberality in permitting amendmeng in the complaint at any stage of the proceedings up to and including trial. (See Mesler v. Bragg Magement C0 (I 985) 39 Cal 3d 290, 29609 7; see also Sachs Inc I5] CalApp 3dat 484-85 (finding amendment proper four years after filing 0f the original complaint and 0n the eve 0f trial). (Code of Civil Procedure Sec 473 (a), 576. “This statutory provision giving the courts the power to permit amendments in furtherance ofj ustice has received a very liberal interpretation by the courts 0f this state” (see also Klopstock v. Superior Court (1941)]7 Cal 2.0’ 13,19," see also Nestle v. City 0f Santa ofSanta Monica (1972), 6 Cal.3d 920,939, “ That the trial courts are to liberally permit such amendments are at any stage of the proceeding has been established policy Since 1901. (Hirsa v. Superior Court (1 98]) I 18 Cal App 3d 486,89 (emphasis in original). i It is an abuse 0f discretion t0 deny an amendment unless the adverse party can show meaningful prejudice, such as the running 0fthe statute oflimitations, trial delay, the loss ofcritical evidence, 0r added preparation costs. (Atkinson v. Elk Corp (2003) 1 09 Cal App 4m 739, 761; Solit v. Taoki Bank Ltd (1999) 68 Cal App 4” 1435, 1448.) Absent a showing of such prejudice delay alone is not grounds for denial 0f a motion t0 amend. (See Kittredge Sport‘s C0. vs. Superior Court 91989) 213 Cal App 1045, 1048; Higgins v. Del Faro (1981) I23 CalApp 3d 558, 563 -565). Leave to amend the complaint in the present case is authorized because Defendants and the previously designated Doe Defendants will not be prejudiced by the proposed amendments and Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 298 of 311 10 ll 12 13 14 15 l6 l7 l8 l9 20 21 22 23 24 25 also that the Amendments are not barred by the statute 0f limitations . Additionally, the proposed amendments will not delay the trial. (See Solit, supra 68 Cal App 4'” at 1448.) Submitted by: Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 299 of 311 10 ll 12 13 14 15 l6 l7 18 19 20 21 22 23 24 25 SUPLEMENTAL DECLARATIONOF RALPH B. NEAL ON MOTION FOR RECONSIDERATION On DENIED DEMURRER I, Ralph B. Neal, do hereby declare as follow: 1. That I am the Plaintiff in the herein action 2. That I am submitting this Supplemental Declaration due to the significant development surrounding mortgage foreclosures where WAMU was the original lender 0f past homebuyers to include that 0f Plaintiff. 3. That in the interest ofjustice, I deem it necessary t0 attach the Masoud case Order that need t0 be considered by this court in granting leave t0 amend through my Motion 0f Reconsideration with factual parallels in the herein action. I declare under penalty 0f perjury under the State 0f California that the foregoing is true and correct. K L, y I V RMH B. NEAL Plaintiff/Declarant Date: July 24, 2020 San Jose, California . ‘Ar,_‘___ A Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 300 of 311 10 ll 12 l3 l4 15 l6 l7 18 19 20 21 22 23 24 25 PROOF OF SERVICE BY MAIL 0 legal age the undersigned declare that I am over the age 0f 1 8 and a arty to t ls action. I am a resident and/or employed in the County of Santa Clara, California. On the date hereinbelow , I served a copy on a1] interested parties by depositing with pre-paid postage stamp in the U.S. Postal Service as follow: Cathy Robinson, Esq WRIGHT FINLAY & ZAK, LLP x 4555 Mac Arthur Court, Newport Beach California 92660 I declare under penalty 0f perjury in the Sate 0f California that the foregoing is true and correct. Date: July 24. 2020 San Jose, CA Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 301 of 311 10 l1 12 13 l4 15 16 l7 18 19 20 21 22 23 24 25 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 302 of 311 1 1 1 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 303 of 311 l l SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER Ralph Neal vs First American Title Insurance C0. et al Hearing start Time; 10:00 AM 19CV349019 Hearing Type: Motion: Reconsider Date 0f Hearing: 07/31/2020 Comments: Line 1 Heard By: Arand, Mary E Location: Department 9 Courtroom Reporter: - N0 Court Reporter Courtroom Clerk: Catherine Pham Court Interpreter: Court Investigator: Parties Present: Future Hearings: Neal, Ralph B. Plaintiff Exhibits: 0f Denied Demurrer by Plt Ralph Neal (Pro Per)*Rescheduled per 3/05/20 N0tice*; reset 2x from 4/3/20 per Court The following attorney(s) appear via CourtCaIl: Cathy Knecht Robinson for Defendant(s), Select Portfolio Servicing, Inc and US Bank NA Matter is heard/argued. The Court takes the matter under submission. The Court will mail the decision. Printed: 7/31/2020 07/31/2020 Motion: Reconsider r 19CV349019 Page 1 0f 1 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 304 of 311 88/86/2826 22:39 9169289298 i. Am)nnev on 'pARTY WITHOUT ArroRNEY (Name. Stare Barnumber, andam”):- Ralph B. Neal 1158 Calm Creek Dr San Jase, CA 951 27 TELEFHQNE Nu; FAx N0. (09504190: E.MAIL ADDRESS (Optional): ' ATTORNEY FOR (Nam): (4mg)21911ea SUPERIOR COURT 0F CALIFORNIA, COUNTY 0F SANTA CLARA STREET ADDRESS: 191 N First, San Jose. CA MAILING ADDRESS: cmmo 2n: coné: San Jose Q51 13 BRANCH NAME? Civil 'PLAINTIFF/PETITIONERC Ralph B. Neal DEFENDANTJRESPONDEM': HrstAmen'can Wle Insurance Co, ei al PAGE 82‘ CM-11 F gm E Auelflznzn Clerk of the Court Supodor Court of CA County oi Santa Clara BY DEPUTY L. Del Mundcfl 4 4 44 4A- ‘____<_ _ ____ 1 CASE MANAGEMENT STATEMENT CASE HUME ER: I 190V3490/7 ; AGEMENT C FERENCE i8 SChEdUIEd $5 follows: Date: g//fiZfl TimeVflM Dept: 6 Addres of court (:‘f difi'arent fmm the address above}: iE Notice of Intent to Appear by Telephone, by (name): Div.: (Check one): E UNLIMITED CASE l: LIMITED CASE - (Amount demanded (Amount demanded is $25,000 exceeds $25,000) or less) A CASE Room: II INSTRUCTIONS: All applicable boxes must be checked, and the speclfled infomation must b9 provided. 1. Party or parties (answer one): a. E This statement is submitted by pariy (name): Ralph B. Neal b. m This statement is submitted jointly by padies (names): ‘ 2, Complaint find cross-complalnt (to be answered by piaintiffs and cmss-compiainanfs only) a. The complaim was filed on (date): June 17. 2019 b. E The cross-complaint. if any, was filecron (data): 3. Servlce (lo be answered by pfafntr'fi's and cross-complainants oniy) a. l: Ail partiea named'm the complaint and cross-cornplaint have been served have appeared, or have been dismissed. b. E The following parties named in the cemplaint or crusycomplaint (1) E have not been served (specify names and explain why not): (2) E have been sewed nut have not appeared and have not been dismissed (specify names): (3) E have had a default entered against them (specify names): ‘ c. E The following additional parties may be added (specifir names, nature ofinvofvementln 0339,. and date by which they may b9 served): 4._ Descrlpflon of case a1 Type of wse in E complaint E crosmomplaint Cancellaton of Notice of Default (dated 05I30/19 and Related Foreclosure Declaratory Relief on Pooling and Assumption Agreemenl Faun Adaptd fur Mandatory U59 Judhial CothJ] Of Cmfoml‘a CM-no (Rev. Juiy 1. 20m CASE MANAGEMENT STATEMENT (Describe, including causes of action)? Page 1 o Cal Ruin Df Cami, 5,1 m: 3 72cm 790 y WK'VW.WW.CE 90V! a I Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 305 of 311 88/692828 22: 39 9159289298 DEFENDANT/RESPONDENT: First American True Insurance Co, et aI 190W” PLAINnFF/PETmONER: Ralhh B. Neal ' cASE NUMBER: l} 4. b. Pravide a brief statement of the case. including any damages. (prersonal injury damages are sought. spew}! the injury and 1damages claimed including medical exp'enaes to date findicare source and amount], estimated future medical expenses, losteemings :‘o date, and estimated future lost eemings. If equitable reliefis sought, descn‘be the nature of the mrief.) [ ' Defendants are pretender and fraudulent creditors with nu legal standing and ownership of Pliaintiffs mortgage loan, yet the! 'are foreclosing on Plaintiffs property with no legal authority whatsoever. _ E (If n'zore space is needed] check this box and attach a page designated as Attachment 4b.) 5. Jury or n'onjury trial a. The party or padies requestE a jury trial m a ndnjury trial. (lfmora than one party, provide the name of each pa 1yrequefstr‘ng a jury trial): 6. Trial date a. a Thetrial has been setfor (date): b. E No tn‘al date has been set. This case will be ready for trial withiri 12 months of lhe data of the filing of the complaint (ff ! not, explain): . c. Dates on which parties or attorneys will not be available for trial (Special dates and explain reasons for unavailability): 7. Estimated length of trial The party or parties esfimaie that the tn'al will take (check one): a. m days (specfbr number): three b. E haurs (short causes) {specify}: 8. Trial representaflon (to be answered (or each party) The party nr parties will be represented at trial E by the attorney or party listed In me caption by the following: a. Aflamey: to be still determined by Plaintiff b. Firm: ' ~ c. Address; E d. Telephone number: fA Fax number: ; e: E-malladdressz g. Partyrepresenied: i m Additional representation is described in Attachment 8. i 9. Preference IE This lass i3 entitled to preference (specify code section): I10. Altemativs dispute resolution (ADR) 3 a. ADR information package. Please nuts that different ADR processes are available in different courts and Communities; read ithe ADR information package provided by the coun under rule 3.221 for information about 1he processes available through the icourt and community pmgrams In this case. - ‘ (1 ) For planias represented by counset: Counsel E has E has not provided the ADR Information package identifie ‘ in rule 3.221 to the client and reviewed ADR optima with the client. (2) For seIf-repmsented parties: Party E has E has not reviewed the ADR information package identified in rule 3.221 b. Referral to judicial arbitration or civll actim mediation (if available). (1)m This maiter is subject to mandatory judicial arbitration under Code of Civil Procedure section 1141.11 or Io civil action _ mediation under Code of Civil Precedure section 1775.3 bemuse the amount in controversy dues not exceed the ! statutory limit. I (2)D Plaintiff elects to refer this case to judicial arbitration and agrees tn limit recovery to the amount specified in Code of Civil Procedure section 1141 .1 1. i i Y (3)E This case is exempt fromjudicial arbiiration under rule 3.811 of the California Rules of Court or from civil action ' mediation Under Code of Civil Prpcedure section 1775 et seq. (sped)? exemption): flicm.11omou.4ury1.2m11 I CASE MANAGEMENT STATEMENT ”“9”“ Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 306 of 311 K l . BBJ’BEXQBQB 22:39 9169289298 PAGE 84/8,? ‘l , l w V cm-1 1 9‘ PLAIN‘HFF/F'ETI‘I‘IONER: Ralph B. Neal ' CASE NUMBER: ' DEFENDANTIRESPONDENT: First Amerimn Title Insurance Co, et al 190/349 a 10. c: Indicate the ADR process or processes that the party or parties are willing to participate in, have agreed to' parficipalejn. or have already participated in (check 3!! that apply and provide (he specified infonnafion}: ‘ 1 The party or Dames completing If the party or parties completing this form in the case have agreed to i thls form are willing to participate in or have already compieted an ADR process or processes, ‘ i participate in the following ADR indicate the status of the processes {attach a copy ofthe panies’ADR 1 fprocesses (check all that apply): stipulation): IE Mediation session nm yet scheduledE Mediation session scheduled for (date): y’E Agreed to complete mediation by (date): .E Mediatinn completed on (date): i (1) Mediation E (2) Settlement E E Settlement conference scheduled for(a’ata): conference E Agreed to complete settlement conference by(date): Settlement conference not yet scheduled E Settlement conference completed on (date): E Neutral evaluation notyet scheduled / W4E Neutra[ evalueiion scheduled for (date):m Agteed to complete neutral evaluation by (date):E Neutral evaluation completed on (date): (3r NeutraI evaluation D . D Judicial arbitration not yet scheduled (4) Nonbindlng Judicial E a Judicial arbilration scheduled for (date): arbitration E Agreed Io completejudicial arbitration by (date):E Judicial arbitration completed on (date): E Private arbitration not yet scheduled <5) Binding‘prwate E E Private arbitration scheduled for (date): arbitration E Agreed to complete private arbitration by (dare): ;D Private arbitration completed on (date): ‘ 1 E ADR session not yet scheduledE ADR session scheduled for (date):E Agreed to complete ADR session by (dare):E ADR completed on (date): (e) Other (spasm: Cl w‘na [Rem Jury 1. 201 1] CASE MANAGEMENT STATEMENT Fewer Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 307 of 311 i L. 83/85/2626 22:39 9169289298 PAGE 85W? CM-1 10 , PLAINTIFFIPETITIONER: Ralph B. Neal CASE NUMBER I ‘ DEFENDANTIRESPONDEM First American Tine Insurance Co, em al 190V?“ 1 j. Insurance b. Reservation ofrights: m Yes a Na c. E Coverage issues will signifimntly affect resolution of this case (explain): 12- Jurisdictiqn Indicate any matters that may affect the court's jurisdiction or processing of [his case and describe the status.E Bankruptcy E Other (specify): a. E Insurance wm‘er. if any, for party fiting this statement (name): ; Status: 13. Related cases, consoiidation, and coordination ,1 a. E There are companion, undenying, or related cases. ’ (1) Name ofcase: (2) Nama of court: (3) Case number: (4) Status:E Additional cases are described in Attachment 13a. b. E Amotianto E consolidate E coordinate will be filed by (nameparty): 14. Bifurcationm The party or pames intend to file a motion for an order bifurwting.severing, or coordinating {he following issues or causes of action (specify moving party, type of motion, and reasons): 15. Other motions E The party or parties expect to file the foilowing motions before trial (.mnnify mnw‘ng party, 1‘pr.nfmnfinn and issuns) A Motion for Reconsideration by Plaintiffs on Dismissal was heard on July 31 2020 and still under submission . 1 6. Discowry; a E The party or parties have completed all dlscovery. b. E The following discovery will be completed by the dale specified (describe ail anticipated diswveqr}: 1 P331 Desgfipflgfl gala Def FIRST {AMERICAN TITLE INS CO Interrogaton'es. Req Production of Docs, Req Admission immediately Def SELECT PORTFOLIO SERVICING Interrogaton'es, Req Production 0f Docs. Req Admission immediatefly c. m-The following discovery issues, including issues regarding the discovery of elemronically stored information, are anticipated (specify): chain of assignments, whether inclusion of specific mortgaga loan 1n PAA etc, true ovmership of mortgage ioan ‘ } w CASE MANAGEMENT STATEMENT me mumCM-no [Reumy 1,2011] Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 308 of 311 58/892826 22: 39 9169289298 _ PAGE 86/ 9, ‘ I 1H . CM-1 0,: PLAINTIFF/PEITI'IONER: Ralph B. Neal CAse NUMBERS 9 DEFENDANT/RESPONDENT: Firsmmen'can Tme Insurance co. at a: 190W“ I o 17. Economic litigation a. E This is a limited civil case (i.e.. the amount demanded is $25,000 or less) and the economic litigation procedures in Code of Civil Procedure sections 90-98 will apply to this case. ‘ b. E This is a limitedvciw'l case and a mofion to withdraw the case from the economic litigation procedures or for addifional d_iscovary will be filed {if checked, explain specifically why economic It‘n'gatfon procedures relating to discovery or trial should not apply tn this case): 18. Other issuesE The party or parties request that the following additional malters be oohsidered or determined at the case management conference (specify): That Plainliff be able to amend his Complaint I 19. Meet and qcnfer a‘ a The party or parties have met and conferred with al! padies on all subjects required by rule 3.724 of the California Ruies c 0f Court (ifnot, expfain): b. E Afier meeting and conferring as required by rule 3,724 of the CaIifornia Rules of Coun, the parties agree on the following (specifil): 20. Total numbier of pages attached (if’any): I am completely familiar with this case and will be fuliy prepared to discuss the status iscove and alternative dis te resolution. x ? ry nu I \ ?NATURMARWORVDRNEY) ( M as well as other issues raised by this statement and will possess the authority to ent nto sfipulations on these issue at the time o I the case management conference. including the wn'tten authority o e party where uired. ‘l Date: August 4, 2020 Ralph B. Neal ' ("g rfl ’ E/ ,v flip I [TYPE OH PRNT NAME) (SIGNAWRE OF PARTY OR AWORNEY'JE Additional signatures are attached. CM-1 10 [Rem dub 1. 2011] CASE MANAGEMENT STATEMENT ”9”” . Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 309 of 311 68/85/2828 22:39 9169289298 PROOF OF SERVICE MAIL -.."J’- "" the undersigned declare thatI am over the age of 18 and not a party t0 this action. I am a resident and/or Employed in the County of Santa Clara. On tile date hereinbelow, I served a copy the following: CASE MANAGEMENT STATEMENT on all interested parties in said case as follow: Cathy Robinson, Esq, WRIGHT, FINLAY& ZAK, LLP 4665 Mac Arthur Court , Ste 200 CA 92660 By depositing in the US Postal Service with postage stamp. l declare under penalty of perjury that the fomgoing is true and correct. Date: Augusg 2020 San Jose, CA i xPAGE 87/ ,. --s T Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 310 of 311 SUPERIOR COURT OF CALIFORNIA COUNTY OF SANTA CLARA MINUTE ORDER Ralph Neal vs First American Title Insurance C0. et al Hearing start Time; 10:00 AM 19CV349019 Hearing Type: Conference: Further Case Management Date 0f Hearing: 08/11/2020 Comments: Line 16 Heard By: Folan, Maureen A Location: Department 6 Courtroom Reporter: - N0 Court Reporter Courtroom Clerk: Farris Bryant Court Interpreter: Court Investigator: Parties Present: Future Hearings: Neal, Ralph B. Plaintiff Exhibits: - The following attorney(s) appear via CourtCaIl: Cathy Knecht Robinson for Defendant(s), Select Portfolio Servicing and US Bank Serve the parties who have not been served. Set for further Case Management Conference on 1/12/21 at 10:00 a.m. in Department 6. Printed: 8/19/2020 08/11/2020 Conference: Further Case Management 7 19CV349019 Page 1 of 1 Case 5:20-cv-07127 Document 1-1 Filed 10/13/20 Page 311 of 311 EXHBIT B Case 5:20-cv-07127 Document 1-2 Filed 10/13/20 Page 1 of 4 10/2/2020 Case 5:20-cv-07127 DocumenRaaErodéflwalfl/B/ZO Page 2 of 4 Assessor‘s Parcel Number (APN): 612-70-007 Situs Address (es) :1588 CALCO CREEK DR SAN JOSE 95127-0000 Mailing Address: 1588 CALCO CREEK DR SAN JOSE CA 95127-0000 Current Information Assessed Value PROPERTY INFORMATION Pant Document No: 23914091 Document Type: DEED Transfer Date: 4/19/2018Tax Default Date: N/A TAX RATE AREA INFORMATION 01 7-050 city: san jose elem. school: mount pleasant high school: east side union comm. college: san jose air quality mgmt.: bay area jt(1 ,7,21 ,28,38,41 ,43,48,49) county water: santa clara valley county water: santa clara valley-zone e-1 county water: santa clara valley-zone w-4 water-misc.: santa Clara county importation VALUE INFORMATION (Assessed Information as of 6/30/2020) . . Net Assessed Real Property Busmess Exemptions Value Land: $594,653 Fixtures: $0 Homeowner: $0 Improvements: $430,392 Structure: $0 Other: $0 Personal Property:$0 Total: $1 ,025,045 Total: $0 Total: $0 $1 ,025,045 DISCLAIMER: This service has been provided to allow easy access and a visual display of County information. A reasonable effort has been made to ensure the accuracy of the data provided; nevertheless, some information may be out of date or may not be accurate. The County of Santa Clara assumes no responsibility arising from use of this information. ASSOCIATED DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, either expressed or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Do not make any business decisions based on this data before validating the data. [Revenue and Taxation Code Section 408.3(0)] 2020 Assessed Value PROPERTY INFORMATION DocumentNo: 23914091DocumentType: DEED Transfer Date: 4/19/2018Tax Default Date: N/A TAX RATE AREA INFORMATION 017-050 city: san jose elem. school: mount pleasant high school: east side union comm. college: san jose https://www.sccassessororg/index.php/on|ine-services/property-search/real-property 1/3 10/2/2020 Case 5:20-cv-07127 Documenkaazrodéflwalfl/B/ZO Page 3 of 4 air quality mgmt.: bay area jt(1 ,7,21 ,28,38,41 ,43,48,49) county water: santa Clara valley county water: santa clara valley-zone e-1 county water: santa clara valley-zone w-4 water-misc.: santa clara county importation VALUE INFORMATION (Assessed Information as of 6/30/2020) . . Net Assessed Real Property Busmess Exemptions Value Land: $594,653 Fixtures: $0 Homeowner: $0 Improvements: $430,392 Structure: $0 Other: $0 Personal Property:$0 Total: $1 ,025,045 Total: $0 Total: $0 $1 ,025,045 DISCLAIMER: This service has been provided to allow easy access and a visual display of County information. A reasonable effort has been made to ensure the accuracy of the data provided; nevertheless, some information may be out of date or may not be accurate. The County of Santa Clara assumes no responsibility arising from use of this information. ASSOCIATED DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, either expressed or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Do not make any business decisions based on this data before validating the data. [Revenue and Taxation Code Section 408.3(c)] 201 9 Assessed Value PROPERTY INFORMATION DocumentNo: 23914091DocumentType: DEED Transfer Date: 4/19/2018Tax Default Date: N/A TAX RATE AREA INFORMATION 017-050 city: san jose elem. school: mount pleasant high school: east side union comm. college: san jose air quality mgmt.: bay area jt(1 ,7,21 ,28,38,41 ,43,48,49) county water: santa clara valley county water: santa clara valley-zone e-1 county water: santa clara valley-zone w-4 water-misc.: santa Clara county importation VALUE INFORMATION (Assessed Information as of 6/30/2019) . . Net Assessed Real Property Busmess Exemptions Value Land: $582,994 Fixtures: $0 Homeowner: $0 Improvements: $421,953 Structure: $0 Other: $0 Personal Property:$0 Total: $1 ,004,947 Total: $0 Total: $0 $1 ,004,947 https://www. sccassessomrg/index.phplon| ine-services/property-search/real-prope rty 2/3 10/2/2020 Case 5:20-cv-07127 DocumenkaafirodéflasiM/B/ZO Page 4 of 4 DISCLAIMER: This service has been provided to allow easy access and a visual display of County information. A reasonable effort has been made to ensure the accuracy of the data provided; nevertheless, some information may be out of date or may not be accurate. The County of Santa Clara assumes no responsibility arising from use of this information. ASSOCIATED DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, either expressed or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Do not make any business decisions based on this data before validating the data. [Revenue and Taxation Code Section 408.3(0)] 201 8 Assessed Value PROPERTY INFORMATION DocumentNo: 23914091DocumentType: DEED Transfer Date: 4/19/2018Tax Default Date: N/A TAX RATE AREA INFORMATION 017-050 city: san jose elem. school: mount pleasant high school: east side union comm. college: san jose air quality mgmt.: bay area jt(1 ,7,21 ,28,38,41 ,43,48,49) county water: santa clara valley county water: santa clara valley-zone e-1 county water: santa Clara valley-zone w-4 water-misc.: santa Clara county importation VALUE INFORMATION (Assessed Information as of 6/30/2018) _ _ Net Assessed Real Property Busmess Exemptions Value Land: $243,136 Fixtures: $0 Homeowner: $0 Improvements: $477,368 Structure: $0 Other: $0 Personal Property:$0 Total: $720,504 Total: $0 Total: $0 $720,504 DISCLAIMER: This service has been provided to allow easy access and a visual display of County information. A reasonable effort has been made to ensure the accuracy of the data provided; nevertheless, some information may be out of date or may not be accurate. The County of Santa Clara assumes no responsibility arising from use of this information. ASSOCIATED DATA ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, either expressed or implied, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose. Do not make any business decisions based on this data before validating the data. [Revenue and Taxation Code Section 408.3(0)] https://www. sccassessomrg/index.phplon| ine-services/property-search/real-prope rty 3/3 Case 5:20-cv-07127 Document 1-3 Filed 10/13/20 Page 1 of 2 CIVIL COVER SHEET The JS-CAND 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings 0r other papers as required by law, except as provided by local rules 0f court. This form, approved in its on'ginal form by the Judicial Conference of the United States in September 1974, is required for the Clerk of Coufi to initiate the civil docket sheet. (SEE INSTRUCTIONS 0NNEXTPAGE 0F THIS FORM) JS-CAND 44 (Rev. 10/2020) I. (a) PLAINTIFFS RALPH B. NEAL (b) County of Residence of First Listed Plaintiff Santa Clara (EXCEPTHV U.S. PLAINTIFF CASES) DEFENDANTS FIRST AMERICAN TITLE INSURANCE CO., ET AL. County 0f Residence of First Listed Defendant (IN U.S. PLAINTIFF CASES ONLD NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (C) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (IfKnowf‘) Plaintiffin pro per Joseph E. Addlego II (SBN 169522) John D. Freed (SBN 261518) 1 588 C3100 Creek Dr. Davis Wright Tremaine LLP San Jose, CA 95 127 408-219-1 188 505 Montgomery St, 8th Floor (415) 276-6500 II. BASIS 0F JURISDICTION (Place an “X" in One Box Only) III CITIZENSHIP 0F PRINCIPAL PARTIES (Place an “X” in One Boxfor Plaintzfl (For Diversity Cases Only) and One Boxfor Defendant) ‘ ‘ D3 Fd 1 t. _' I PTF DEF PTF DEFD 1 U.S. Government Plalntlff (liserca; Ques lontN t P ) szen OfThls State X1 D 1 Incorporated 0r Principal Place D 4 D 4 ' ‘ ovemmen 0 a arty ‘ ‘ ofBusiness In This State D 2 U.S. Government Defendant X 4 Diversity cmzen OfAnmher State D 2 D 2 l?corpwated and Primipal Place D 5 X 5 (Indicate Citizenship ofParties in Item III) Citizen 0r subject ofa 2. Bgsmilssth AnOt er State Foreign Country D 3 D 3 owlgn a Ion D 6 D 6 IV. NATURE OF SUIT (Place an “X" in One Box Only) D 110 Insurance PERSONAL INJURY PERSONAL INJURY D 625 Drug Related Seizure of D 422 Appeal 28 USC § 158 D 375 False Claims Act D 120 Marine D 310 Airplane D 365 Personal Injury - Product Prepeny 21 USC § 881 D 423 Withdrawal 28 USC D 376 Qui Tam (31 USC U 130 Miller Act D 315 Auplane Product Liability Liability D 690 Other § 157 § 3729(3)) D 140 Negotiable Instrument D 150 Recovery of Overpayment Of Veteran’s Benefits D 151 Medicare Act D 152 Recovery ofDefaulted Student Loans (Excludes D 320 Assault, Libel & Slander U 330 Federal Employers’ Liability D 340 Marine D 345 Marine Product Liability D 350 Motor Vehicle Veterans) D 355 Motor Vehicle Product U 153 Recovery of Llablhty I Overpayment D 360 Other Personal Injury D 362 Personal Injury -Medica1 Malpractice ofVeteran’s Benefits U 160 Stockholders’ Suits U 190 Other Contract D 195 Contract Product Liability D 196 Franchise D 440 Other Civil Rights D 441 Voting D 442 Employment D 210 Land Condemnation D 443 Housing/ X 220 Foreclosure ACCOmmodations D 230 Rent Lease & Ejectment U 445 Amer. w/Disabilities- D 240 Torts to Land Emplownent U 446 Amer. w/Disabilities-OtherD 245 T011 Product Liability U 448 EducationD 290 A11 Other Real Property D 367 Health Care/ Pharmaceutical Personal Injury Product Liability U 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY D 370 Other Fraud D 371 Truth in Lending U 380 Other Personal Property Damage D 385 Property Damage Product Liability HABEAS CORPUS D 463 Alien Detainee D 510 Motions to Vacate Sentence U 530 General U 535 Death Penalty OTHER D 540 Mandamus & Other D 550 Civil Rights U 555 Prison Condition U 710 Fair Labor Standards Act D 720 Labor/Management Relations D 740 Railway Labor Act D 751 Family and Medical Leave Act D 790 Other Labor Litigation D 791 Employee Retirement Income Security Act U 462 Naturalization Application D 465 Other Immigation Actions D 820 Copyrights D 830 Patent D 835 Patent-Abbreviated New Drug Application D 840 Trademark D 880 Defend Trade Secrets Act of20 16 D 861 HIA (139m) D 862 Black Lung (923) D 863 DIWC/DIWW (405(g)) D 864 SSID Title XVI D 865 RSI (405(g)) D 870 Taxes (U.S. Plaintiffor Defendant) D 871 IRSJI’hird Pany 26 USC § 7609 U 400 State Reapportionment D 410 Antitrust D 430 Banks and Banking D 450 Commerce D 460 Deportation D 470 Racketeer Influenced & Corrupt Organizations D 480 Consumer Credit D 485 Telephone Consumer Protection Act D 490 Cable/Sat TV U 850 Securities/Commodities/ Exchange U 890 Other Statutory Actions D 891 Agricultural Acts D 893 Environmental Matters D 895 Freedom ofInformation Act D 896 Arbitration D 899 Administrative Procedure Act/Review or Appeal of Agency Decision D 950 Constitutionality of State Statutes V. ORIGIN (Place an “X" in One Box Only) D 1 Original X2 Removed from D 3 Remanded from D 4 Reinsmted or D 5 Transferred from D 6 Multidistrict D 7 Multidistrict Proceeding State Court Appellate Court Reopened Another District (specifi) Litigation-Transfer Litigation-Direct File VI. CAUSE OF Cite the U.S. Civil Statute under Which you are filing (Do nat citejurisdictianal statutes unless diversity): ACTION Removal under 28 U.S.C. §§ 1332, 1441 Brief description of cause: Challenge to real property documents and nonjudicial foreclosure proceedings VH- REQUESTED IN D CHECK IF THIS Is A CLASS ACTION DEMAND $ ?gigggafigif demag‘fid in “0mg?“ COMPLAINT: UNDER RULE 23, Fed. R. Civ‘ P. - es ° VIII. RELATED CASE(S), DOCKET NUMBER 19-cv-05478-EJD; 17-cv-0647 1 -EJD; IF ANY (See instructions): JUDGE DAVILA 16-cv-04923-EJD; 15-CV-032 12-EJD IX. DIVISIONAL ASSIGNMENT (Civil Local Rule 3-2) (Place an “X” in One Box Only) D SAN FRANCISCO/OAKLAND X SAN JOSE D EUREKA-MCKINLEYVILLE DATE October 13, 2020 SIGNATURE OF ATTORNEY OF RECORD /S/J0hn Freed JSCAND 44m 10/2020) Case 5:20-cv-07127 Document 1-3 Filed 10/13/20 Page 2 0f 2 INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-CAND 44 Authority For Civil Cover Sheet. The JS-CAND 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved in its original form by the Judicial Conference of the United States in September 1974, is required for the Clerk 0f Court to initiate the civil docket sheet. Consequently, a civil cover sheet is submitted t0 the Clerk ofCourt for each civil complaint filed. The attorney filing a case should complete the form as follows: I. a) Plaintiffs-Defendants. Enter names (last, first, middle initial) ofplaintiff and defendant. If the plaintiff or defendant is a government agency, use b) e) II. III. IV. VII. only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name 0f the county in Which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county 0f residence 0f the “defendant” is the location of the tract of land involved.) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section “(see attachment).” Jurisdiction. The basis ofjurisdiction is set forth under Federal Rule of Civil Procedure 8(a), which requires that jurisdictions be shown in pleadings. Place an “X” in one of the boxes‘ If there is more than one basis ofjurisdiction, precedence is given in the order shown below. (1) United States plaintiff. Jurisdiction based on 28 USC §§ 1345 and 1348. Suits by agencies and officers of the United States are included here. (2) United States defendant. When the plaintiff is suing the United States, its officers or agencies, place an “X” in this box. (3) Federal Question. This refers to suits under 28 USC § 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act ofCongress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. (4) Diversity of citizenship. This refers t0 suits under 28 USC § 1332, Where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.) Residence (citizenship) 0f Principal Parties. This section of the JS-CAND 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. Nature of Suit. Place an “X” in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient t0 enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive. Origin. Place an “’X in one ofthe six boxes. (1) Original Proceedings. Cases originating in the United States district courts. (2) Removed from State Court. Proceedings initiated in state courts may be removed t0 the district courts under Title 28 USC § 1441. When the petition for removal is granted, check this box. (3) Remanded from Appellate Coun. Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. (4) Reinstated or Reopened. Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. (5) Transferred from Another District. For cases transferred under Title 28 USC § 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. (6) Multidistrict Litigation Transfer. Check this box when a multidistrict case is transferred into the distn'ct under authority of Title 28 USC § 1407. When this box is checked, do not check (5) above. (8) Multidistrict Litigation Direct File. Check this box when a multidistrict litigation case is filed in the same district as the Master MDL docket. Please note that there is no Origin Code 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statute. Cause of Action. Report the civil statute directly related t0 the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC § 553. BriefDescription: Unauthorized reception of cable service. Requested in Complaint. Class Action‘ Place an “X” in this box if you are filing a class action under Federal Rule of Civil Procedure 23. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jug Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS-CAND 44 is used to identify related pending cases, if any. If there are related pending cases, insert the docket IX. numbers and the corresponding judge names for such cases. Divisional Assignment. If the Nature of Suit is under Property Rights or Prisoner Petitions or the matter is a Securities Class Action, leave this section blank. For all other cases, identify the divisional venue according t0 Civil Local Rule 3-2: “the county in which a substantial part of the events 0r omissions which give rise to the claim occurred or in Which a substantial part of the property that is the subject 0f the action is situated.” Date and Attorney Signature. Date and sign the civil cover sheet. American LegalNet, Inc. www‘FormsWorkFlowxom . .p \OOOQQUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 5:20-cv-07127 Document 1-4 Filed 10/13/20 Page 1 of 2 Joseph E. Addiego III (CA SBN 169522) John D. Freed (CA SBN 261518) DAVIS WRIGHT TREMAINE LLP 505 Montgomery Street, Suite 800 San Francisco, California 941 11 Telephone: (415) 276-6500 Facsimile: (415) 276-6599 Email: jakefreed@dwt.com joeaddiego@dwt.com Attorneys for Defendant JPMORGAN CHASE BANK, N.A. IN THE UNITED STATES DISTRICT COURT THE NORTHERN DISTRICT OF CALIFORNIA RALPH B. NEAL, Plaintiff, V. FIRST AMERICAN TITLE INSURANCE C0,, et al., Defendants. I am employed in the City and County of San Francisco, State of California, in the office of a member of the bar 0f this court, at Whose direction the service was made. I am over the age 0f eighteen (18) years, and not a party to or interested in the Within-entitled action. I am an employee 0fDAVIS WRIGHT TREMAINE LLP, and my business address is 505 Montgomery Street, Suite 800, San Francisco, California 941 1 1-6533. Case No. CERTIFICATE OF SERVICE I caused to be served a copy of the following document: NOTICE OF REMOVAL OF ACTION UNDER 28 U.S.C. §§ 1332 and 1441 CIVL CASE COVER SHET 1 CERTIFICATE OF SERVICE A \OOOQOUI 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Case 5:20-cv-07127 Document 1-4 Filed 10/13/20 Page 2 of 2 I caused the above document to be served on each 0f the persons listed below by the following means: I enclosed a true and correct copy of said document in an envelope and placed it for collection and mailing With the United States Post Office 0n October 13, 2020, following the ordinary business practice. Ralph B. Neal Pro Per Plaintifl 1588 Calco Creek San Jose, CA 95127 Tel: (408) 219-1 188 Attorneysfor Defendants SELECT PORTFOLIO SERVICING, Gwen H. Ribar, Esq., SBN 188024 INC; and US BANK NA, SUCCESSOR Cathy K. Robinson, Esq., SBN 226275 TRUSTEE TO BANK OF AMERICA, WRIGHT, FINLAY & ZAK’ LLP NA SUCCESSOR IN INTEREST TO 4665 MacArthur Court, Suite 200 LA SALLE BANK NA, AS TRUSTEE Newport Beach, CA 92660 meal H) ON BEHALF OF THE HOLDERS OF Telephone: (949) 477-5050 WAMU MORTGAGE PASS‘ Facsimile: (949) 608_91 42 THROUGH CERTIFICATES SERIES Email: crobinson@wrightlegal.net 2007-0A6’ erroneouszy sued herem as "U.S. Bank NA, Successor 1n Interest to La Salle Bank, NA as Trustee on Behalf of the Holders 0f the WAMU Mortgage Pass Through Certificates Series 2007- 0A6" I am readily familiar with my firm’s practice for collection and processing of correspondence for delivery in the manner indicated above, to Wit, that correspondence Will be deposited for collection in the above-described manner this same day in the ordinary course of business. I declare under penalty ofperjury under the laws of the State of California that the foregoing is true and correct. Executed on October 13, 2020, at San Francisco, California. CERTIFICATE OF SERVICE 