DeclarationCal. Super. - 6th Dist.August 11, 2015‘BY 1F OWQQMAWM~ NNNNNNNNN-nn-I-Io-awp-‘H-n-fi OOQO‘LIIAUN-O@OO\IGM&UN~O F“ "ED WRIGHT, FINLAY &ZAK LLP AMTS Robinp. Wright, Esq“ SBN 150984 ' I. ' Bmdforda. Klein, Esq. SBN 259252 W’iér xeamsgaam Richard J. Lee, Esq” SBN 268713 8n g: “Anew“ 4665 MacArthur Court Suite 200 Newport Beach, CA 92660 Tel: (949)477- 5050, Fax: (949)477- 9200 'rwright@wrightlegal net; bklein@wrightlegal.;net rlec@wright_leg .net {enUGM O Attorneys for Defendant, PLM LENDER SERVICES, INC. SUPERIOR COURT OF THE STATE OF CALIFOWA FOR THE COUNTY OF SANTA CLARA PATRICK J. DOUGHERTY, Case No.: 115CV284222 Plaintiff, DECLARATION O_FQNONMONETARY. STATUS OF DEFENDANT, PLM LENDER SERVICES, INC. (TRUSTEE), PURSUANT rTO CALIFORNIA CIVIL CODE SECTION 2924i VS. JAMES WALKER; PLM'LENDER SERVICES, [NC.; and DOES~l-100, Inclusive, Complaint filed: Augfi‘st 11, 2015 Defendants. FAC filed: Decembér 15, 2015vvvvvwvwvvvvvvvvvv TO THE HONORABLE COURT, ALL PARTIES HEREIN ANDIOR THEIR ATTORNEYS 0F RECORD AND TO ALL INTERESTED PARTIES: NOTICE IS HEREBY GIVEN THAT Defendant, PLM LENDER SERVICES, INC; (“PLM" or “Defendant"), hereby submits the auachcd Declaration of Nonmonetary Status pursuant to California Civil Code section 29241. Section 29241 provides, in pertinent part: [I]n the event that the trustee maintains a reasonable belief that it 1 DECLARATION OF NONMONETARY STATUS OF PLM LENDER SERVICES, INC. u. a') \OQQO‘MbUN-n NNNNNNNNNr-t-IH-H-‘Hg-nn-nm NQOM&UN~OONQO\M#UN~O has bcen named in the action or proceeding solely in its capacity as trustce, and not arising out of any wrongful acts or omissions on its pan in the performance of its duties as trustee then at any time, the trustee may file a declaration of nonmonetary status. 1. PLM is the trustee under the both the senior andjunior Deeds of Trust securing a first position mortgage loan in the amount of $1,550,000.00 and a second position mortgage loan in the amount of $550,000.00, against the real propeny commonly known as 18620 Overlook Road, Los Gatos, CA 95030 (the “Property"). The senior Deed of Trust was recorded on September 22, 2006, as insu'umcnt no. 191141 18, in the Santa Clara County Recorder’s Office. 'I‘hejunior Deed of Trust, the one at issue in the instant action, was recorded on June 12,, 2007, as instrument no. 19466242, in the Santa Clara County Recorder’s'Ofl'lce. 2. PLM believes that it has been named in the above-entitled action solely in' its‘ ' capacity as the trustee under the Deed ofTrust. Such belief is based upon a reading of the First’ Amended Complaint (“PAC"), which fails to specifically enumerate any act or acts by PLM- that would imply any liability ori its part. See, attached Declaration ofEliiabeth M. Knight. 3. PLM agrees to be bound by whatever non-monetary order or judgment is-issued3 by the Court regarding the Deed of Trust. Respectfully submitted, WRIGHT, FINLAY 8c ZAK, LLP Dated: January 4, 201 6 By: Robin P. Wright, Esq. Byadford E. Klein, Esq. Richard J. Lee, Esq. Attorneys for Defendant, PLM LENDER SERVICES, INC. 2 DECLARATION OF NONMONETARY STATUS OF PLM LENDER SERVICES, INC. \V' 43 \OWNQM#wN_ NNNNNNNNNH-n--n_o--4N--H mfiGMkUN-OCWNGM¢MN~‘O DECLARATIOE QF ELIZABETH M. WIGHT I, Elizabeth M. Knight, declare as follows: l. I am over 18 years of age, suffer from no legal disabilities and am otherwise competent to make this declaration. The matters set forth herein are true based upon my personal knowledge and, if called to tudfy in this matter, I could and would competently testify under oath to the facts and circumstances stated herein. 2. I am the President and am duly authorized to make this Declaration on behalf of PLM LENDER SERVICES, INC. (“PLM") pursuant to California Civil Code section 29241 in support of PLM'S Nonmonetary Status. 3. The junior Deed of Trust at issue was executed by PATRICK .I. DOUGHER’I‘Y in favor of James Walker, Trustee of the James Waikcr 1996 Trust, and was recorded in the; Santa Clara County Recorder's Office on June 12, 2007, as instrument no. [9466242. The junior Dccd of Trust created a second priority security interest with power of sale against the real property described therein and commonly known as 18620 Overlook Road, Los Gates, CA 95030 (the “Property"). The Substitution of Tmstec as to thejunior Deed of Trust was recOrded: on April 30, 2014, as instrument no. 22580305 in the Santa Clara County Recorder's Ofiice..As-' such, PLM is the foreclosure trustee (“Trustee"), with the power to foreclose on the property, that arises from the junior Deed of Trust securing the subject loan. r 4. I have reviewed the claims alleged in Plaintiff‘s First Amended Complaint (“PAC") filed on or about December 15, 2015. Based thereon, PLM maintains a reasonable .bclief that it has been named as a defendant in the above-captioned action or proceeding solely in its capacity as Trustee under said Deed of Trust and that Plaintiff does not assert any claims for monetary reliefagainst PLM. 5. PLM reasonably believes that it has not been named as a defendant in the above- captioned action due to any acts or omissions on its part in the performance of its duties as Trustee because the facts alleged in the complaint relate primarily to allegations of loan origination and disbursement issues of the other named Defendants in this matter. 3 DECLARATION OF NONMONETARY STATUS OF PLM LENDER SERVICES, INC. t5 WWQQMéwN-n MNNNNNNNN-oHH---~--n.-. mQO‘MAMNWOOWNGM#UN-O 6. I am not aware of any allegations or evidence produced to date by Plaintiff or the other named Defendants, or of any facts, documents or testimony tending to suggest that PLM engaged in any misconduct in connection with the perfoxmancc of its duties as Trustee. The FAC makes no credible allegations that PLM failed to perform any of its duties as a Trustee, nor have the remaining Defendants filed a Cross-Complaint against PLM alleging any defect in thc performance of itsduties as Tmstcc, either under the Deed of Trust, or the applicable statutes: sct forth in Civil Code section 2924, el seq. 7. PLM agrew to be bound by any non-monctary order or judgment that may be issued by the Court regarding the Deed ofTrust. I declare under penalty of perjury under the laws of the State of California and the. United States that the foregoing istrue find correct and that this declaration was executed this- L'tmay ofWJVQl-L at Campbell, CA. ‘ ELIZWH M. KMGHT 4 DECLARATION OF NONMONETARY STATUS OF PLM LENDER SERVICES, INC. 1') A \O°0\IO\LA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF 0F SERVICE I, Margaret Augustyniak, 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 5, 201 6, I served the within DECLARATION OF NON-MONETARY STATUS 0F DEFENDANT, PLM LENDER SERVICES, INC (TRUSTEE), PURSUANT T0 CALIFORNIA CIVIL CODE SECTION 29241 on all interested parties in this action as follows: [] by placing [ ] the original [X] a true copy thereofenclosed in sealed envelope(s) addressed as follows: Patrick J. Dougherty 523 Park Meadow Court San Jose, CA 95129 408-234-3329 In Pro Per (Sub ofattomey 12/18/15) [X] (BY MAIL SERVICE) I placed such envelope(s) for collection t0 be mailed on this date following ordinary business practices. 1] (BY CERTIFIED MAIL SERVICE) I placed such envelope(s) for collection to be mailed on this date following ordinary business practices, via Certified Mail, Return Receipt Requested. [ ] (BY GOLDEN STATE OVERNIGHT- NEXT DAY DELIVERY) I placed true and correct copies thereof enclosed in a package deSignated by Golden State Overnight with the delivery fees provided for. [1 (CM/ECF Electronic Filing) I caused the above document(s) to be transmitted to the office(s) of the addressee(s) listed by electronic mail at the e-mail address(es) set forth above pursuant to Fed.R.Civ.P.5(b)(2)(E). “A Notice of Electronic Filing (NEF) is generated automatically by the ECF system upon completion of an electronic filing. The NEF, when e-mailed to the e-mail address of record in the case, shall constitute the proof of service as required by Fed.R.Civ.P.5(b)(2)(E). A copy of the NEF shall be attached to any document served in the traditional manner upon any party appearing pro 5e.” [X] (State) I declare under penalty of perjury under the law of the State of California that the foregoing is true and correct. . ETcrted OffJanuaryU5, 2016, afNewport Beach, California Margaret Augustylliak 1 PROOF OF SERVICE