Declaration

Cal. Super. - 6th Dist.March 22, 2021

\OOOQONUI-bUJNt-t NNNNNNNNNHHHb-HHHHp-p-t OOQONkh-bUJNt-‘OKDOOQONm-bWNHO 21 CV380978 Santa Clara - Civil ZBS LAW, LLP Bradford E. Klein, Bar N0. 259252 30 Corporate Park, Suite 450 Irvine, CA 92606 Telephone: (714) 848-7920 Fax: (714) 908-2615 Email: bklein@zbslaw.com Attorneys for Defendant ZBS LAW, LLP Electronically Filed by Superior Court of CA, County of Santa Clara, on 5/1 9/2021 11:03 AM Reviewed By: A. Rodriguez Case #21 CV380978 Envelope: 6475459 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SANTA CLARA GUSTAVO JIMENEZ, Case N0.: 21CV380978 Unlimited Jurisdiction Plaintiff, V. DEFENDANT ZBS LAW, LLP’S DECLARATION OF NONMONETARY NEW PENN FINANCIAL LLC, D.B.A. STATUS SHELLPOINT MORTGAGE _ . SERVICING; WILMINGTON SAVINGS Cqmplamt Flledr March 22, 2021 FUND SOCIETY, FSB DOING Trlal Date: None Set BUSINESS AS CHRISTIANA TRUST IN ITS INDIVIDUAL CAPACITY BUT SOLELY AS TRUSTEE FOR BCAT 2014-9TT; ZBS LAW, LLP; and DOES 1- 10, inclusive, Defendants. I, Bradford E. Klein, hereby declare: 1. I am an associate of ZBS Law, LLP, attorneys 0f record for Defendant ZBS Law, LLP f/k/a Law Offices 0f Les Zieve (“ZBS”). I am a custodian 0f records for ZBS. ZBS is a defendant in this action, apparently having been sued in its capacity as non-judicial foreclosure trustee. I am competent t0 testify 0fmy own personal knowledge as t0 the matters set forth in this Declaration, and if called t0 testify orally, I believe I could and would d0 so competently. 2. This action pertains t0 a Deed of Trust, executed by Gustavo Jimenez, a married 1 DEFENDANT ZBS LAW, LLP’S DECLARATION OF NONMONETARY STATUS \DOONQUI-PUJNp-t NNNNNNNNNHHHHHHHHHH OONQkh-PUJNHOKDOONQm-PUJNHO man as his sole & separate property (“Plaintiff”), as trustor, in favor 0f Countrywide Bank, FSB, as Lender, which is dated December 21, 2007, and was recorded 0n December 28, 2007 in Official Records in Santa Clara County, California under Document Number 19697591 (“DOT”). ZBS is the current trustee under the DOT by a Substitution 0f Trustee, recorded 0n February 15, 2017 in Santa Clara County, California as Document Number 2358258 1. 3. It is my belief that ZBS has been named as a defendant in this case solely in ZBS’S capacity as trustee as the DOT. Plaintiff asserts causes 0f action with respect t0 alleged acts undertaken by ZBS in the performance 0f its duties as trustee under the DOT. 4. I am not aware 0fany acts 0r omissions 0n the part 0fZBS 0r any 0fZBS’S officers, employees, 0r agents in the performance 0f its duties as trustee that would cause ZBS t0 be a defendant in this action. The only acts undertaken by ZBS in connection with the deed 0f trust is the filing and recording 0f documents in accordance with California Civil Code § 2924, et seq. ZBS simply performed ministerial duties as trustee pursuant t0 the DOT and the relevant portions 0f the California Civil Code. ZBS performed these acts at the behest 0f the beneficiary 0f the DOT. ZBS has n0 monetary interest in this matter. 5. ZBS agrees t0 be bound by whatever order 0r judgment is issued by the Court regarding the subject DOT. I declare under penalty and perjury under the laws 0f the State 0f California that the foregoing is true and correct. Executed this 19th day 0fMay 2021 at Irvine, California. Bradford E. Klein 2 DEFENDANT ZBS LAW, LLP’S DECLARATION OF NONMONETARY STATUS \OOOQONUI-bUJNt-t NNNNNNNNNHHHHHHHHHt-t OOQONkh-bUJNt-‘OKOOOQONUI-RUJNHO PROOF OF SERVICE I am over the age 0f eighteen years and not a party t0 the Within action. I am employed by ZBS LAW, LLP, whose business address is: 30 Corporate Park, Suite 450, Irvine, CA 92606. On May 19, 2021, I served the within document(s) described as: DEFENDANT ZBS LAW, LLP’S DECLARATION OF NONMONETARY STATUS on the interested parties in this action: D by transmitting Via electronic mail the document(s) listed above t0 the email addresses provided by counsel. fi by placing D the original E true copy(ies) thereof enclosed in sealed envelope(s) E addressed as follows: D addressed as stated 0n the attached mailing list. Name & Contact Information Role CDLG, PC Attorneysfor Plaintiff Tony Cara, Esq. Peter Nisson, Esq. 2973 Harbor B1Vd., Suite 594 Costa Mesa, CA 92626-3912 Tel: (888) 615-6765 Fax: (888) 660-8874 Email: Litigation.CDLG@gmail.com BY CERTIFIED MAIL-I served the within document(s) by placing D the original E true copy(ies) thereof enclosed in sealed envelope(s) with Certified Mail, Return Receipt Requested, postage thereon fully prepaid and by causing such envelope(s) t0 be deposited in the mail at 30 Corporate Park, Suite 450, Irvine, CA 92606. I am “readily familiar” with the firm’s practice 0f collecting and processing correspondence for mailing by Certified Mail, Return Receipt Requested, with the United States Postal Service: it is deposited With the United States Postal Service on that same day in the ordinary course 0f business. I am aware that 0n motion 0f a party served, service is presumed invalid if the postal cancellation date 0r postal meter date 0n the envelope(s) is more than one day after the date 0f deposit for mailing contained in this affidavit. (State) I declare under penalty 0f perjury under the laws 0f the State 0f California that the foregoing is true and correct. Executed 0n May 19, 2021, at Irvine, California. KIMBERLY A. BOWERS 3 DEFENDANT ZBS LAW, LLP’S DECLARATION OF NONMONETARY STATUS