Motion Admissions Deemed Admitted

Cal. Super. - 6th Dist.March 19, 2021

Erin E. Patterson, SBN 262285 Jason W. Tang, SBN 314337 Patrick J. Layman, SBN 59643 Thomas J. Sebourn, SBN 279272 Nicholas J. Babilis, SBN 291676 Carina M. Jordan, SBN 302099 Shane T. Wate, SBN 302738 SUTTELL & HAMMER, APC P.O. Box C-90006 Bellevue, WA 98009 Tel: (425) 455-8220/ (888) 788-8355 Facsimile: (425) 453-3239 Attorney for Bank of America, N.A. s/h 724240.001 10 12 SUPERIOR COURT OF CALIFORNIA, FOR THE COUNTY OF SANTA CLARA LIMITED CIVIL JURISDICTION 13 14 15 16 17 18 19 20 21 22 23 Bank of America, N.A., vs. Anthony M Ortiz, Plaintiff, Defendant. No.: 21CV379162 PLAINTIFF' NOTICE AND MOTION FOR ORDER ADMITTING TRUTH OF THE MATTERS SPECIFIED; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF PLAINTIFF'S COUNSEL IN SUPPORT THEREOF Date: Time: Department: MOTION SUBMITTED WITHOUT APPEARANCE CALIFORNIA RULES OF COURT RULE 3.1304(C) 24 25 26 27 TO Defendant Anthony M Ortiz; APPEARING IN PROPRIA PERSONA: PLEASE TAKE NOTICE that on , at, or as soon thereafter as the matter may be heard, in Department of the above entitled court located 191 N. First Street San 28 PLAINTIFF' NOTICE AND MOTION FOR ORDER ADMITTING TRUTH OF THE MATTERS SPECIFIED; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF PLAINTIFF'S COUNSEL IN SUPPOR'I'I H&.REOF - I SUTTELL 8'6 HAMMER, APC PO BOX C-90006; BELLEVUE, WA 98009 888-788-8355/425-453-3239 FAx Electronically Filed by Superior Court of CA, County of Santa Clara, on 2/14/2022 12:00 AM Reviewed By: R. Tien Case #21CV379162 Envelope: 8276082 7 9:00am July 05, 2022 7-05-2022 10 12 13 14 Jose CA 95113, Plaintiff, Bank of America, N.A., ("Plaintiff") will bring on for hearing this Motion for an Order Deeming the Truth of the Matters Specified be Admitted ("Motion") based on the fact that Plaintiff served Request for Admission, Set One on Defendant Anthony M Ortiz ("Defendant"), to which Defendant failed to serve responses. This Motion will be based on California Code Civ. Proc. $ 2033.280(b), and will be made on the ground that Defendant completely failed to serve responses to said Request for Admission, Set One. The Motion will also be based on this notice, the attached Memorandum of Points and Authorities, the Declaration of Plaintiff's counsel filed herewith, the complete files and records of this action, those matters in which the court may and must take judicial notice, and on such other and further argument and evidence which may be presented at the hearing on this motion. 15 16 tt~ Dated this i i day of FQ th0 d , 2022. 17 19 20 21 22 23 24 Respectfully submitted, SUTTE L A HAMMER, APC By: ( ) Erin E. Patterson, SBN 262285 ( ) Jason W. Tang, SBN 314337 ( ) Patrick J. Layman, SBN 59643 ( ) Thomas J. Sebourn, SBN 279272 ( ) Nicholas J. Babilis, SBN 291676 ( ) Carina M. Jordan, SBN 302099 (&) Shane T. Wate, SBN 302738 Attorneys for Plaintiff s/h 724240. 001 25 26 27 28 PLAINTIFF'S NOTICE AND MOTION FOR ORDER ADMITTING TRUTH OF THE MATTERS SPECIFIED; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF PLAINTIFF'S COUNSEL IN SUPPORT THEREOF - 2 SUTTELL 2 HAMMER, APC PO BOX C-90006; BELLEVUE, WA 98009 888-788-8355/425-453-3239 FAx PROOF OF SERVICE STATE OF WASHINGTON, COUNTY OF KING) ss. I am a resident of the United States and employed in the County of King, Washington; I am over the age of 18 years and not a party to the within entitled action; my business address is PO Box C-90006, Bellevue WA 98009. On 1 l Q, I served the foregoing document, described as PLAINTIFF'S NOTICE AND MOTION FOR ORDER ADMITTING TRUTH OF THE MATTER SPECIFIFED; MEMORANDUM OF POINTS AND AUTHORITIES AND DECLARATION OF PLAINTIFF'S COUNSEL IN SUPPORT THEREOF on the interested parties to said action by the following means: (By Mail): By placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, for collection and mailing on that date following ordinary business practices, in the United States Mail at the offices of SUTTELL &. HAMMER, addressed as shown below. I am readily familiar with this business's practice for collection and processing of correspondence for mailing with the U.S. Postal Service, and in the ordinary course of business correspondence would be deposited with the U.S. Postal Service the same day it was placed for collection and processing. (By Mail): By placing a true copy thereof, enclosed in a sealed envelope with postage thereon fully prepaid, in the United States Mail at Bellevue, Washington, addressed as shown below. (By Hand Delivery): By causing a true copy thereof, enclosed in a sealed envelope, to be delivered by hand to the addresses shown below. (By Personal Service): By personally delivering a true copy thereof, enclosed in a sealed envelope, to the addresses shown below. (By Overnight Deliver): By placing a true copy thereof, enclosed in a sealed envelope, with delivery charges prepaid, to be sent by addressed as shown below. (By Facsimile Transmission): By transmitting a true copy thereof by facsimile transmission from facsimile number to the interested parties to said action; the transmission was reported as complete and without error, and a copy of the transmission report, which was properly issued by the transmitting facsimile machine, is attached hereto and incorporated herein by reference. Said documents were transmitted to the interested parties as shown below at a.m./p.m. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on 2 1 l /L+ at Bellevue, King County, Washington. ( ) Kristin Newton ( ) Phillip E, Gendro ( ) Christian Obando ( ) KC Gidewall ( ) Aqdar Awadh ( ) Dania Bankesly ( ) Cassandra Bachrach ( ) Mia Altieri ( ) Sumer DeRosa ( ) Victoria Wheeler ( ) Jana Macklin ( ) Jyoti Cossette ( ) Cody Baker ( ) Mariceo Pipkin ( ) Xenia Chiles ( ) Laura Sorton ( ) Kate McReynolds ( ) Fritz Velasco ( ) Alexia Nono ( ) Daniela Olvera -Sanchez ( ) Jasmine Lee ( ) Monica Brodhacker ( ) Angelo Tadrous (QCamilo Gonzalez ( ) Patty Canapi ( ) Jacob Batts NAME AND ADDRESS OF EACH PERSON SERVED: Anthony M Ortiz 1703 Eisenhower Dr Santa Clara CA 95054-1619