El ec tr on ic al ly Re ce iv ed 0 3 2 5 / 2 0 1 9 10 :0 5 Oo © 9 O N wn RB W N ND N N N N N N N N mE e e ee e e ee a e e p m 0 NN O N nn RR W N P , O Y N N R W N D = o FILED Suparior Cour of California WRIGHT, FINLAY & ZAK, LLP County of Los Angeles Jonathan D. Fink, SBN 110615 n3/20/20149 Lukasz I. Wozniak, SBN 246329 EE - 4665 MacArthur Court, Suite 200 Genagjetl Newport Beach, CA 92660 By eA Shannon Bouse Tel: (949) 477-5050; Fax: (949) 608-9142 Email: Iwozniak@wrightlegal.net Attorneys for Defendants RUSHMORE LOAN MANAGEMENT SERVICES LLC and RUSHMORE FINANCIAL & INSURANCE MARKETING SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, CENTRAL DISTRICT ROBERT McENHEIMRER aka ROBERT Case No.: BC679625 McENHEIMER, Jr., Assigned to Judge Rupert Byrdsong Plaintiff, {2ROROSED] ORDER SUSTAINING Vs. DEMURRER BY DEFENDANTS RUSHMORE LOAN MANAGEMENT SPECIAL DEFAULT SERVICES, INC a SERVICES LLC AND RUSHMORE Corporation aka TRUSTEE CORPS; FINANCIAL & INSURANCE VICTOR HUTCHINGS; LISA WELCH; MARKETING TO PLAINTIFFS JEANETTE OGHIGIAN; DESERT COMPLAINT FOR DAMAGES PETROLEUM INC.; MARINA SERVICES; SHARON HOLM-GILBOY; DATE: March 6, 2019 JP MORGAN CHASE BANK, N.A., a TIME: 8:30 a.m. Corporation; MARIANNE LAKE; DEPT.: 28 WASHINGTON MUTUAL BANK, KERRY K. KILLINGER; RUSHMORE Complaint filed: October 13, 2017 LOAN MANAGEMENT SERVICES, LLC; | Trial date: November 4, 2019 RUSHMORE FINANCIAL & INSURANCE MARKETING; Richard Joseph Reynolds; MTC FINANCIAL, INC., a Corporation; Rande Johnsen; Terry Johnsen; Richard Joseph Reynolds; All Persons Unknown Claimi Any Title, Estate, Lien or Interest in the Property Described in the Complaint Adverse to Plaintiff’s Title, or Any Clou on Plaintiff’s Title Thereto and DOES 1 through 100, inclusive, Defendants. 1 [PROPOSED] ORDER ON THE DEMURRER TO PLAINTIFF'S COMPLAINT OO 0 1 O N un BR W N N O N N O N N N O N O N O N = e m mk e m p m e m pe e d pe pe WW ~~ O N un RAR W N R O D O N N Y Rls L O N D = O The Demurrer by Defendants RUSHMORE LOAN MANAGEMENT SERVICES LLC and RUSHMORE FINANCIAL & INSURANCE MARKETING (collectively, “RUSHMORE” or “Defendants™), to the Complaint of Plaintiff ROBERT Mc ENHEIMER AKA ROBERT Mc ENHEIMER, Jr. (“Plaintiff”) came on regularly for hearing on March 6, 2019, at 8:30 a.m. in Department 28 of the above-entitled Court. The parties were represented by their respective counsel or represented themselves. Having considered the papers submitted to the Court and having given the parties the opportunity to present oral argument: IT IS HEREBY ORDERED that the Demurrer to the Complaint filed by Defendants, is hereby SUSTAINED without leave to amend. Dated: March 29, 2019 By: / j ‘ JUDGE OF THE SUPERIOR COURT Rupert A. Byrdsong Pursuant to CRC 3.1312, the undersigned certifies that a true and correct copy of this Proposed Order has been served, by means authorized by law and reasonably calculated to ensure delivery to the other party or parties no later than the close of the next business day, on March 6, 2019 to Plaintiff Robert McEnheimer. Lukasz I” Wozniak Fa 2 [PROPOSED] ORDER ON THE DEMURRER TO PLAINTIFF'S COMPLAINT 10 11 12 13 14 15 16 17 18 19 20 21 7 23 24 25 26 27 28 PROOF OF SERVICE I, Steven E. Bennett, declare as follows: I am employed in the County of Orange, State of California. Iam 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. Iam 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 6, 2019, I served the within [PROPOSED] ORDER SUSTAINING DEMURRER OF DEFENDANTS RUSHMORE LOAN MANAGEMENT SERVICES LLC AND RUSHMORE FINANCIAL & INSURANCE MARKETING TO PLAINTIFF’S COMPLAINT on all interested parties in this action as follows: [] by placing [ ] the original [X] a true copy thereof enclosed in sealed envelope(s) addressed as follows: Robert McEnheimer Aka Robert McEnheimr Jr. 8150 Manitoba St., #4 Playa Del Rey, CA 90293 Tel: 310-343-3343 Plaintiff in Pro Per [] (BY MAIL SERVICE) I placed such envelopes) for collection to 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 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. [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. [] (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 appearingpro se.” PROOF OF SERVICE © J O N Wn hs \O 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [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 March 6, 2019, at Newport Beach, California. SAI Steven E. Bennett 2 PROOF OF SERVICE
