Darr vs. Servis One, Inc.

Opposition

Cal. Super. - 4th Dist.April 10, 2015

ST EP HE N R. GO LD EN & AS SO CI AT ES No Oo ® NN NN Wn Bs Ww 10 11 12 13 14 60 0 N. Ro se me ad Bl vd ., Su it e 10 0 Pa sa de na , Ca li fo rn ia 91 10 7 Te le ph on e: (6 26 ) 58 4- 78 00 ; Fa cs im il e: (6 26 ) 56 8- 35 29 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STEPHEN R. GOLDEN & ASSOCIATES Stephen R. Golden, SBN 163366 businesslaw@stephenrgolden.com Elaine D. Etingoff, SBN 89113 elaine.etingoff@stephengoldenlaw.com 600 N. Rosemead Blvd., Suite 100 Pasadena, California 91107 Telephone : 626/ 584-7800 Facsimile : 626/568-3529 Attorneys for Plaintiff ZACHARY DARR, aka ZACHARY T. DARR ELE CTR ONI CAL LY FLE D dp Cour of Ca lf Cot y of ( rng DT G 50 Cl of th e Spe r Cot By Cl, e y Cl SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF ORANGE CENTRAL JUSTICE CENTER ZACHARY DARR, DARR, an individual, aka ZACHARY T. Plaintiff, Vs. SERVIS ONE, INC. unknown business entity, dba BSI FINANCIAL SERVICES; MERS ELECTRONIC REGISRATION SYSTEM, aka MERS a business entity, form unknown; BANK OF AMERICA, N.A., a national association, and as successor by merger to BAC HOME LOANS SERVICING, LP, fka COUNTRYWIDE HOME LOANS SERVICING, LP, business form unknown; BAC HOME LOANS SERVICING, LP, fka COUNTRYWIDE HOME LOANS SERVICING, LP, business form unknown; VENTURES TRUST 2013-I- H-R BY MCM CAPITAL PARTNERS, LLC, ITS TRUSTEE, aka MCM CAPITAL PARTNERS, LLC, a limited liability company, as Trustee of VENTURES TRUST 2013-I-H-R; ALL PERSONS UNKNOWN CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN OR INTEREST IN AND TO THE REAL PROPERTY KNOWN AS “28092 HIBISCUS DRIVE, LAGUNA NIGUEL, CA 92677; ASSESSOR’S PARCEL NUMBER 654-111-347, and DOES 1 through 50, inclusive, Defendants. ZACHARY DARR v. BANK OF AMERICA, N.A., et al. 1 Case No. 30-2015-00781924-CU-OR-CJC Unlimited Civil Jurisdiction Hon. James Di Cesare, Judge Pres. Department C-16 JOINT OR CONSOLIDATED OPPOSITION TO DEFENDANTS’ MOTIONS TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES, FORM INTERROGATORIES, AND REQUEST FOR PRODUCTION OF DOCUMENTS; AND FURTHER RESPONSES TO REQUEST FOR ADMISSIONS; DECLARATION OF ELAINE D. ETINGOFF IN SUPPORT THEREOF. HEARING RESERVED DATE June 30, 2016 TIME 1:30 p.m. DEPT. 21 Trial Date : October 3, 2016 Action Filed : April 10, 2015 JOINT OPPOSITION TO DEFENDANTS’ DISCOVERY MOTIONS ST EP HE N R. GO LD EN & AS SO CI AT ES 60 0 N. Ro se me ad Bi vd ., Su it e 10 0 Pa sa de na , Ca li fo rn ia 91 10 7 Te le ph on e: (6 26 ) 58 4- 78 00 ; Fa cs im il e: (6 26 ) 56 8- 35 29 NO 0 NN YN A W N N N N D N N N N N N D m m em ma m m e m e m e a e m p m © J N nn BA WL W N = O O N Y RA W N = o TO THE HONORABLE COURT, AND TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD HEREIN: Plaintiff ZACHARY DARR (sometimes the “Plaintiff”), hereby presents his Joint Opposition to the four (4) Motions to compel responses to the Form and Special Interrogatories, and the Requests for Production, and the Motion to compel further responses to Request for Admissions, propounded to Plaintiff ZACHARY DARR by Defendant BANK OF AMERICA, as follows: DECLARATION OF ELAINE D. ETINGOFF I, ELAINE D. ETINGOFF, hereby declare, as follows: 1, [ am an attorney duly licensed by, and in good standing with the California State Bar and before all Courts in the State of California. I am of counsel to the law firm of Stephen R. Golden & Associates, attorneys of record for the Plaintiff ZACHARY DARR. I am one of two attorneys handling this case; the other being Stephen R. Golden. As a handling attorney, I am familiar with the facts and the file of this case. If called upon as a witness, I could and would competently testify as to the following matters. 2. Counsel for Plaintiff will provide full and complete responses without objection to Defendant’s (1) Form Interrogatories, Set No. 1; (2) Special Interrogatories, Set No. 2; and 3) Request for Production, Set No. 1; and (4) further responses to Defendant's Request for Admissions, and on or before April 23, 2016. 3 Counsel for Plaintiff and Plaintiff apologize to the Court and to defense counsel for the delay in the responses. 4. The delay in providing responses has been the result of Plaintiff's eviction from his home by foreclosure and the inability to locate documentation to refresh his recollection and to produce documents to Defendant that were lost in the sudden loss of his home and the storage of documentation in various sites. 5. Further complicating the matter is the fact that more than seven (7) valuable, experienced and much respected attorneys, paralegals, and staff have left the firm to seek their fortune within the past year. Finding replacements has been difficult, if not almost impossible. 6. Adding further complications to the situation, I fell ill and was felled with pneumonia for more than six weeks beginning in early February 2016. ZACHARY DARR v. BANK OF AMERICA, N.A., et al. 2 JOINT OPPOSITION TO DEFENDANTS’ DISCOVERY MOTIONS ST EP HE N R. GO LD EN & AS SO CI AT ES Ee I 0 10 11 12 13 14 60 0 N. Ro se me ad Bi vd ., Su it e 10 0 Pa sa de na , Ca li fo rn ia 91 10 7 Te le ph on e: (6 26 ) 58 4- 78 00 ; Fa cs im il e: (6 26 ) 56 8- 35 29 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. Nevertheless, the backlog of work has almost cleared with redistribution of workload and with new staff, and a new computer system. 8. Again, sincere apologies are made to the Court and to Defense Counsel. 9. Based upon the foregoing circumstances, it is respectfully requested that this Court reduce the amount of the sanctions to a reasonable amount, not to exceed $1,000.00 in total. I declare under penalty of perjury under the laws of the State of California that the foregoing is both true and correct and that this Declaration was executed on this 17% day of June, c__- ELAINE D. ETINGOFF 2016, in Pasadena, California. ZACHARY DARR v. BANK OF AMERICA, N.A., et al. 3 JOINT OPPOSITION TO DEFENDANTS’ DISCOVERY MOTIONS ST EP HE N R. GO LD EN & AS SO CI AT ES S w WO 0 3 O N Wn 10 11 12 13 14 60 0 N. Ro se me ad Bl vd ., Su it e 10 0 Pa sa de na , Ca li fo rn ia 91 10 7 Te le ph on e: (6 26 ) 58 4- 78 00 ; Fa cs im il e; (6 26 ) 56 8- 35 29 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CALIFORNIA, COUNTY OF LOS ANGELES I am employed in the County of Los Angeles, California. I am over the age of 18 and not a party to the within action. My business address is 600 N. Rosemead Blvd, Suite 100, Pasadena, California 91107-2101. On the date set forth below, I served the following document(s) described as: “JOINT OR CONSOLIDATED OPPOSITION TO DEFENDANTS’ MOTIONS TO COMPEL RESPONSES TO SPECIAL INTERROGATORIES, FORM INTERROGATORIES, AND REQUEST FOR PRODUCTION OF DOCUMENTS; AND FURTHER RESPONSES TO REQUEST FOR ADMISSIONS; DECLARATION OF ELAINE D. ETINGOFF IN SUPPORT THEREOF”, On the interested parties in this action by placing true copies thereof enclosed in sealed envelopes addressed as follows: Attorney Telephone/ Facsimile/Email Party Robert J. Gandy Phone: (949) 442-7110 Bank of America, N.A., Dane H. Taylor Fax: (949) 442-7118 et al. Severson & Werson 19100 Von Karman Ave. Suite 700 Irvine, California, 92612 Mark Joseph Kenney Phone: (415) 398-3344 Same as above Severson & Werson Fax: (415) 956-0439 One Embarcadero Center, Suite 2600 San Francisco, California 94111 [1 (MAIL) I placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this firm’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at Pasadena, California. XI (OVERNIGHT DELIVERY) I deposited in a box or other facility regularly maintained by Federal Express, an express service carrier, or delivered to a courier or driver authorized by said express service carrier to receive documents, a true copy of the foregoing document in sealed envelopes or packages designated by the express service carrier, addressed as stated above with fees for overnight delivery paid or provided for. [1 (MESSENGER SERVICE) I served the documents by placing them in an envelope or package addressed to the persons at the addresses listed and provided them to a professional messenger service for service. A separate Personal Proof of Service provided by the professional messenger will be filed under separate cover. [1 (FACSIMILE) I caused such document to be delivered by telecopy transmission to the ZACHARY DARR v. BANK OF AMERICA, N.A., et al. 4 JOINT OPPOSITION TO DEFENDANTS’ DISCOVERY MOTIONS ST EP HE N R. GO LD EN & AS SO CI AT ES EN Oo 0 3 O N Wn 10 11 12 13 14 60 0 N. Ro se me ad Bi vd ., Su it e 10 0 Pa sa de na , Ca li fo rn ia 91 10 7 Te le ph on e: (6 26 ) 58 4- 78 00 ; Fa cs im il e: (6 26 ) 56 8- 35 29 15 16 17 18 19 20 21 22 23 24 25 26 27 28 offices of the addressee and received a transmission confirmation thereof. 0 (E-MAIL or ELECTRONIC TRANSMISSION) Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses listed, I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. [0 (CM/ECF Electronic Filing) I caused the above document(s) to be transmitted to the office(s) of the addresses listed above by electronic mail at the email address(s) set forth above pursuant to Fed. R. Civ. P.5. (d)(1). “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(d)(1). A copy of the NEF shall be attached to any document served in the traditional manner upon any party appearing pro se. XI (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. [OJ (Federal) I declare that I am employed in the office of a member of the Bar of this Court at whose direction the service was made. I declare under penalty of perjury under the laws of the United States of America that the above is true and correct. Executed on June 17, 2016, at Pasadena, California. / / / | nN Stephanie Zuleta > 4) Bf IY] (Type or print name) == 7 77 ZACHARY DARR v. BANK OF AMERICA, N.A., et al. 5 JOINT OPPOSITION TO DEFENDANTS’ DISCOVERY MOTIONS