Declaration of Sanford Shatz In Support of Nationstar Mortgage LLCs Motion To Tax CostsMotionCal. Super. - 2nd Dist.May 3, 2016Electronically FILED by Superior Court of California, County of Los Angeles on 03/21/2019 04:56 PM Sherri R. Carter, Executive Officer/Clerk of Court, by V. Rico,Deputy Clerk 1 || McGLINCHEY STAFFORD Sanford Shatz (SBN 127229) 2 || Kevin S. Kim (SBN 275200) 18201 Von Karman Avenue, Suite 350 3 || Irvine, California 92612 Telephone: (949) 381-5900 4 || Facsimile: (949) 271-4040 Email: sshatz@mcglinchey.com 5 kkim@mcglinchey.com 6 || Attorneys for Defendant NATIONSTAR MORTGAGE LLC 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF LOS ANGELES 10 11 || CANYON VIEW LIMITED, doing business as Case No.: PC057040 CANYON VIEW ESTATES, a limited partnership, 12 Assigned to the Hon. Melvin D. Sandvig Plaintiff, Dept: F47 13 V. [Unlimited Jurisdiction] 14 NATIONAL DEFAULT SERVICING DECLARATION OF SANFORD SHATZ IN 15 || CORPORATION, a corporation; NATIONSTAR SUPPORT OF NATIONSTAR MORTGAGE, LLC, a limited liability; and DOES | MORTGAGE LLC’S MOTION TO TAX 16 || 1 through 20, inclusive, COSTS 17 Defendants. DATE: June 7,2019 TIME: 8:30 a.m. 18 DEPT.: F47 19 Reservation ID: 354150597659 20 Action Filed: May 03, 2016 Trial Date: January 22, 2019 21 22 23 DECLARATION OF SANFORD SHATZ 24 1, Sanford Shatz, declare: 25 I: I am an attorney licensed to practice law before all of the Courts in the State of 26 || California, and am an attorney at McGlinchey Stafford, attorneys of record for defendant Nationstar 27 || Mortgage LLC (“Nationstar”) in the above-entitled action. I have personal knowledge of the facts 28 || contained in this declaration, and if called as a witness, could and would competently testify to them. 1 DECLARATION OF SANFORD SHATZ IN SUPPORT OF NATIONSTAR’S MOTION TO TAX COSTS 1375193.1 eo 0 N a N n e W N N O N N O N ee em em je m em em je k wd pe d 2 I have reviewed the files and records in this matter, including the pleadings, discovery, and trial documents prepared and offered to the Court. I also spoke with and wrote to opposing counsel about the matters set forth in this declaration. 3. On June 8, 2016, Nationstar answered the complaint filed by plaintiff Canyon View Limited (“Plaintiff”). I reviewed the answer after I became attorney of record. I am attaching to this Declaration as Exhibit A, a true and correct copy of the answer filed on behalf of Nationstar on June 8, 2016. Nationstar’s answer was trial exhibit 361. 4. The answer referenced a full reconveyance, which was admitted at trial as Exhibit 325. I am attaching to this Declaration as Exhibit B, a true and correct copy of the full reconveyance recorded on May 11, 2016. a, Plaintiff prepared and served an offer under Code of Civil Procedure section 998. 1 received that offer. I am attaching to this Declaration as Exhibit C, a true and correct copy of the section 998 offer served by Plaintiff. 6. On October 31, 2018, I prepared and served on behalf of Nationstar a section 998 offer to Plaintiff. Iam attaching to this Declaration as Exhibit D, a true and correct copy of the section 998 offer I served on Plaintiff. Iam attaching to this Declaration as Exhibit E, a true and correct copy of the notice of acceptance of section 998 offer I served on Plaintiff. 2 On January 9, 2019, I prepared and served on behalf of Nationstar a section 998 offer to Plaintiff. Iam attaching to this Declaration as Exhibit F, a true and correct copy of the section 998 offer I served on Plaintiff. I am attaching to this Declaration as Exhibit G, a true and correct copy of the notice of acceptance of section 998 offer I served on Plaintiff. 8. On March 30, 2017, 1 spoke with Kathy Fuster, Plaintiff’s counsel concerning the deposition of Nationstar’s person most knowledgeable. Ms. Fuster demanded the deposition occur immediately or in early April. I informed her that the earliest a Nationstar representative could appear was May 15, 2017. Ms. Fuster filed an ex parte application to compel the deposition of Nationstar’s person most knowledgeable immediately, or in early April, incurring a $60.00 filing fee. After hearing the parties’ positions, the court ordered the deposition to occur as I offered on May 17, 2017. 2 DECLARATION OF SANFORD SHATZ IN SUPPORT OF NATIONSTAR’S MOTION TO TAX COSTS 1375193.1 oe 0 Na Sa in A W N N O N O R N N N N O N e m je m e m j m e d es d e m em em S 0 8B 0 R O N R 8 % 2 3 2 R a r R= = I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this Declaration is executed hn March 21, 2019, at Irvine, California. l= Vi go Ain! 3 DECLARATION OF SANFORD SHATZ IN SUPPORT OF NATIONSTAR’S MOTION TO TAX COSTS 1375193.1 EXHIBIT “A” A K E R M A N LL P 72 5 S. FI GU ER OA ST RE ET , SU IT E 38 00 LOS AN GE LE S, C A L I F O R N I A 90 01 7 TE L. : (2 13 ) 68 8- 95 00 - FA X: (2 13 ) 62 7- 63 42 OW 0 ~ I O h wv HSH Ww N o DN ) = = e m e s e t p t e m e d e d AKERMAN LLP . KAREN P. CICCONE (SBN 143432) CO AE PED Email: karen.ciccone@akerman.com Slo io PARISA JASSIM (SBN 273915) Email; parisajassim@akerman.com 725 South Figueroa Street, 38™ Floor Los Angeles, California 90017-5433 Telephone: (213) 688-9500 Facsimile: (213) 627-6342 JUN 08 2016 Sherri Ft. Carter, Executive Officer/Clerk By Steve Orozco, Deputy Attorneys for Defendant NATIONSTAR MORTGAGE LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, NORTH VALLEY DISTRICT CANYON VIEW LIMITED, doing business as | Case No. PC057040 | CANYON VIEW ESTATES, a limited partnership, (Assigned to the Hon. Melvin D, Sandvig, Dept. F47) Plaintiff, Vv. ANSWER TO PLAINTIFF'S COMPLAINT FILED BY DEFENDANT NATIONSTAR NATIONAL DEFAULT SERVICING CORPORATION, a corporation; NATIONSTAR MORTGAGE, LLC, a limited Complaint Filed: May 3, 2016 liability; and DOES 1 through 20, inclusive, Trial Date: None MORTGAGE LLC Defendants, Defendant Nationstar Mortgage LLC (Nationstar) answers the complaint (complaint) filed by Canyon View Limited, dba Canyon View Estates (plaintiff) as follows: PARTIES 1 Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 1 of the complaint and denies such allegations on that basis. 2. Nationstar is a Delaware limited liability company with its principal place of business in Lewisville, Texas doing business in California, Nationstar is without knowledge or information sufficient to form a belief as to the remaining allegations in paragraph 2 of the complaint and denies such allegations on that basis, {38228838;1} 1 ANSWER TO PLAINTIFF'S COMPLAINT FILED BY NATIONSTAR MORTGAGE LLC Case No. PC057040 OO 0 N N nn hse W N J t p e - OD - No - WI it Be A K E R M A N L L P 72 5 S. F I G U E R O A ST RE ET , SU IT E 38 00 p- wh - aN LO S A N G E L E S , C A L I F O R N I A 90 01 7 TE L. : (2 13 ) 68 8- 95 00 - FA X: (2 13 ) 62 7- 63 42 - ~X N O R N O N N N N N N R e e 0 NN O N nn RA W N = Oo 0D > 3 Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 3 of the complaint and denies such allegations on that basis. 4, Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 4 of the complaint and denies such allegations on that basis. 5 Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 5 of the complaint and denies such allegations on that basis. 6. Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 6 of the complaint and denies such allegations on that basis. CANYON VIEW AND ITS PROPERTY Ts Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 7 of the complaint and denies such allegations on that basis. 8. Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 8 of the complaint and denies such allegations on that basis. THE BENVENUTOS' LEASE 9. Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 9 of the complaint and denies such allegations on that basis. 10. Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 10 of the complaint and denies such allegations on that basis. 11. Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 11 of the complaint and denies such allegations on that basis. 12. Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 12 of the complaint and denies such allegations on that basis. 13. Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 13 of the complaint and denies such allegations on that basis. 14, Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 14 of the complaint and denies such allegations on that basis. 15. Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 15 of the complaint and denies such allegations on that basis. {38228838;1} 2 Case No. PC057040 ANSWER TO PLAINTIFF'S COMPLAINT FILED BY NATIONSTAR MORTGAGE LLC L O 1 O y un Bs W N b t ed p d p m pe d H O W = O - Wh A K E R M A N L L P 72 5 S. F I G U E R Q A ST RE ET , SU IT E 38 00 - aN LO S A N G E L E S , C A L I F O R N I A 90 01 7 TE L. : (2 13 ) 68 8- 95 00 - FA X: (2 13 ) 62 7- 63 42 b i p e t © ~ N N N N N N N N c e ~~ O N hh A W N = Oo 8 16. Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 16 of the complaint and denies such allegations on that basis. THE ABANDONMENT PROCEEDING & SALE 17. Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 17 of the complaint and denies such allegations on that basis. 18. Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 18 of the complaint and denies such allegations on that basis. 19. Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 19 of the complaint and denies such allegations on that basis. 20. Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 20 of the complaint and denies such allegations on that basis. 21, The allegations contained in paragraph 21 are legal conclusions for which no response is required. 22. The allegations contained in paragraph 22 are legal conclusions for which no response is required. To the extent a response is requirement, Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 22 of the complaint and denies such allegations on that basis, 23. Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 23 of the complaint and denies such allegations on that basis. 24, Nationstar admits a grant deed was recorded in the office of the Los Angeles County Recorder on February 23, 2010 as instrument number 20100243476. Nationstar is without knowledge or information sufficient to form a belief as to the remaining allegations in paragraph 24 of the complaint and denies such allegations on that basis. 25. Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 25 of the complaint and denies such allegations on that basis. DEFENDANTS' WRONGFUL CONDUCT 26, Nationstar denies the allegations in paragraph 26 of the complaint. {38228838;1} 3 Case No. PC057040 ANSWER TO PLAINTIFF'S COMPLAINT FILED BY NATIONSTAR MORTGAGE LLC A K E R M A N L L P 72 5 S. FI GU ER OA ST RE ET , SU IT E 38 00 © O e NN A wn hs Ww o N -_- = ed Ww N = OO - = aN Ln LO S A N G E L E S , C A L I F O R N I A 90 01 7 TE L. (2 13 ) 68 8- 95 00 - FA X: (2 13 ) 62 7- 63 42 ~ N N R N N N N N =e = 0 ~ O N A W N = Oo vw x N 27. Nationstar admits an assignment of deed of trust was recorded in the office of the Los Angeles County Recorder on October 28, 2013 as instrument number 20131535057. Nationstar denies the remaining allegations in paragraph 27 of the complaint. 28. Nationstar admits an assignment of notice of trustee's sale was recorded in the office of the Los Angeles County Recorder on December 11, 2013 as instrument number 20131749371. Nationstar denies the remaining allegations in paragraph 28 of the complaint. 29. The referenced notice of trustee's sale is a publicly recorded document that speaks for itself and Nationstar denies any allegations inconsistent therewith. CLOUD ON TITLE BE REASSERTION OF LIEN 30. Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 30 of the complaint and denies such allegations on that basis. 31. Nationstar admits a corporate assignment of deed of trust was recorded in the office of the Los Angeles County Recorder on December 8, 2014 as instrument number 20141316497. Nationstar denies the remaining allegations in paragraph 31 of the complaint. 32. Nationstar admits a request for notice was recorded in the office of the Los Angeles County Recorder on January 12, 2015 as instrument number 20150031545. The request for notice is a publicly recorded document that speaks for itself and Nationstar denies any allegations inconsistent therewith. 33. Nationstar admits a notice of rescission of notice of default and election to sell under deed of trust was recorded in the office of the Los Angeles County Recorder on June 2, 2015 as instrument number 20150644728. Nationstar denies the remaining allegations in paragraph 33 of the complaint. 34. The referenced notice of rescission of notice of default and election to sell under deed of trust is a publicly recorded document that speaks for itself and Nationstar denies any allegations inconsistent therewith. 35. Nationstar denies the allegations in paragraph 35 of the complaint. 36. Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 36 of the complaint and denies such allegations on that basis. {38228838;1} 4 Case No. PC057040 ANSWER TO PLAINTIFF'S COMPLAINT FILED BY NATIONSTAR MORTGAGE LLC A K E R M A N L L P 72 5 S. F I G U E R O A ST RE ET , SU IT E 38 00 © 0 N N wn BR W N [ Ww N = O O b t p d AN L h LO S A N G E L E S , C A L I F O R N I A 90 01 7 TE L. : (2 13 ) 6 8 8 - 9 5 0 0 - F A X : (2 13 ) 6 2 7 - 6 3 4 2 - BS - 0 ~3 N O N N N N N N N ND co ~3 ON Lh B L N m= O O 37. Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 37 of the complaint and denies such allegations on that basis. 38. Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 38 of the complaint and denies such allegations on that basis. DEFENDANTS' REFUSALS TO REMOVE CLOUD ON TITLE 39. Nationstar denies the allegations in paragraph 39 of the complaint. 40. Nationstar denies the allegations in paragraph 40 of the complaint. 41. Nationstar denies the allegations in paragraph 41 of the complaint. 42. Nationstar denies the allegations in paragraph 42 of the complaint. 43, Nationstar denies the allegations in paragraph 43 of the complaint. 44. Nationstar denies the allegations in paragraph 44 of the complaint. FIRST CAUSE OF ACTION (Against All Defendants for Quiet Title [C.C.P. § 760.010, et. seq.]) 45. Nationstar incorporates herein and realleges its responses to paragraphs 1 through 44 of the complaint as though fully set forth herein. 46. Nationstar admits the allegations in paragraph 46 of the complaint. 47. The allegations in paragraph 47 of the complaint regarding the Civil Code section 798.61(h) are legal conclusions to which no response is required. To the extent a response is required, the referenced statute speaks for itself and Nationstar denies any allegations inconsistent therewith. Nationstar denies all remaining allegations. 48. Nationstar denies the allegations in paragraph 48 of the complaint. 49. Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 49 of the complaint and denies such allegations on that basis. 50. Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 50 of the complaint and denies such allegations on that basis. 51. Nationstar is without knowledge or information sufficient to form a belief as to the allegations in paragraph 51 of the complaint and denies such allegations on that basis. 52. Nationstar denies the allegations in paragraph 52 of the complaint. {38228838;1} 5 Case No. PC057040 ANSWER TO PLAINTIFF'S COMPLAINT FILED BY NATIONSTAR MORTGAGE LLC 0 ~~ O N nn B w No Pm t em p h = pee d bh i BR W N e s © DO A K E R M A N L L P 72 5 S. F I G U E R O A ST RE ET , SU IT E 38 00 -_ aN LO S A N G E L E S , C A L I F O R N I A 90 01 7 TE L. : (2 13 ) 68 8- 95 00 - FA X: (2 13 ) 62 7- 63 42 bo k be t 0 ~~ N O R N N N N N N N NY ce ~ I oO Lb Bh WwW N = Oo ND 53. Nationstar denies the allegations in paragraph 53 of the complaint. 54. The allegations in paragraph 54 of the complaint regarding the Civil Code section 798.85 are legal conclusions to which no response is required. To the extent a response is required, the referenced statute speaks for itself and Nationstar denies any allegations inconsistent therewith. Nationstar denies all remaining allegations. SECOND CAUSE OF ACTION (Against All Defendants for Declaratory Relief [C.C.P. § 1060; C.C. § 798.61]) 55. Nationstar incorporates herein and realleges its responses to paragraphs 1 through 54 of the complaint as though fully set forth herein. 56. Nationstar denies the allegations in paragraph 56 of the complaint. 57. Nationstar denies plaintiff is entitled to the relief sought in paragraph 57 of the complaint. 58. Nationstar denies plaintiff is entitled to the relief sought in paragraph 58 of the complaint, 59. Nationstar denies plaintiff is entitled to the relief sought in paragraph 59 of the complaint. 60. Nationstar denies plaintiff is entitled to the relief sought in paragraph 60 of the complaint. 61. Nationstar denies plaintiff is entitled to the relief sought in paragraph 61 of the complaint. 62. Nationstar denies plaintiff is entitled to the relief sought in paragraph 62 of the complaint. THIRD CAUSE OF ACTION (Against All Defendants for Removal of Cloud on Title [C.C. § 3412]) 63. Nationstar incorporates herein and realleges its responses to paragraphs 1 through 62 of the complaint as though fully set forth herein. 64, Nationstar denies the allegations in paragraph 64 of the complaint. 65. Nationstar denies the allegations in paragraph 65 of the complaint. {38228838;1} 6 Case No. PC057040 ANSWER TO PLAINTIFF'S COMPLAINT FILED BY NATIONSTAR MORTGAGE LLC OW 00 ~~ a nn RR WL - p d md p b fe B O W = O - wn A K E R M A N L L P 72 5 S. FI GU ER QA ST RE ET , SU IT E 38 00 ja aN LO S A N G E L E S , C A L I F O R N I A 90 01 7 TE L. : (2 13 ) 68 8- 95 00 - FA X: (2 13 ) 62 7- 63 42 - - o e ~ ~ N N N N N N N N © ~~ O N Ln ph W N = O O 66. Nationstar denies the allegations in paragraph 66 of the complaint. 67. Nationstar admits a grant deed was recorded in the office of the Los Angeles County Recorder on February 23, 2010 as instrument number 20100243476. Nationstar is without knowledge or information sufficient to form a belief as to the remaining allegations in paragraph 67 of the complaint. 68. Nationstar denies the allegations in paragraph 68 of the complaint. 69. Nationstar denies the allegations in paragraph 69 of the complaint. Nationstar further alleges it caused to be recorded a full reconveyance of its underlying deed of trust in the Los Angeles County Recorder's Office on May 11, 2016 as instrument number 20160534037 (executed on April 25, 2016), which renders plaintiff's allegations moot as a matter of law. 70. The allegations in paragraph 70 of the complaint regarding the Civil Code section 798.85 are legal conclusions to which no response is required. To the extent a response is required, the referenced statute speaks for itself and Nationstar denies any allegations inconsistent therewith. Nationstar denies all remaining allegations. FOURTH CAUSE OF ACTION (Against All Defendants for Unfair Business Practices [Bus. & Prof. Code §§ 17200, et. seq.]) 71. Nationstar incorporates herein and realleges its responses to paragraphs 1 through 70 of the complaint as though fully set forth herein. 72. Nationstar denies the allegations in paragraph 72 of the complaint. 73. Nationstar denies the allegations in paragraph 73 of the complaint, 74, Nationstar denies the allegations in paragraph 74 of the complaint. 75. Nationstar denies the allegations in paragraph 75 of the complaint. 76. Nationstar denies the allegations in paragraph 76 of the complaint. 77. The allegations in paragraph 77 of the complaint regarding the Civil Code section 798.85 are legal conclusions to which no response is required. To the extent a response is required, the referenced statute speaks for itself and Nationstar denies any allegations inconsistent therewith. Nationstar denies all remaining allegations. {38228838.1} 7 Case No. PC057040 ANSWER TO PLAINTIFF'S COMPLAINT FILED BY NATIONSTAR MORTGAGE LLC Ow 0 a N n t R A W N e -_ pe ee d ed w t R A W N N = O A K E R M A N L L P 72 5 S. F I G U E R Q A ST RE ET , SU IT E 38 00 pd aN LO S A N G E L E S , C A L I F O R N I A 90 01 7 TE L. (2 13 ) 68 8- 95 00 - FA X: (2 13 ) 62 7- 63 42 = 0 = B O N N RN N N N N N N 60 = Ny nn A W N = O D PRAYER I Nationstar denies plaintiff is entitled to the relief sought in paragraph 1 of the prayer for relief. 2 Nationstar denies plaintiff is entitled to the relief sought in paragraph 2 of the prayer for relief. 3. Nationstar denies plaintiff is entitled to the relief sought in paragraph 3 of the prayer for relief. 4. Nationstar denies plaintiff is entitled to the relief sought in paragraph 4 of the prayer for relief. 5; Nationstar denies plaintiff is entitled to the relief sought in paragraph 5 of the prayer for relief. AFFIRMATIVE DEFENSES As separate and distinct affirmative defenses to the purported cause of action set forth in plaintiffs complaint, Nationstar alleges the affirmative defenses set forth below. By the following allegations, Nationstar does not assume the burden of proving any facts or element of a cause of action where such burden properly belongs to plaintiff. FIRST AFFIRMATIVE DEFENSE (Failure to State a Claim) 1 Plaintiff's complaint fails to state facts sufficient to constitute a cause of action against Nationstar, This defense is alleged in the alternative and does not admit any of the allegations contained in the complaint. SECOND AFFIRMATIVE DEFENSE (Waiver) 2, Plaintiff has waived any claims for relief against Nationstar. This defense is alleged in the alternative and does not admit any of the allegations contained in the complaint. {38228838;1) 8 Case No. PC057040 ANSWER TO PLAINTIFF'S COMPLAINT FILED BY NATIONSTAR MORTGAGE LLC OO 0 J A N wn BA W N - e d wm B A W N N = O A K E R M A N LL P 72 5 S. F I G U E R Q A ST RE ET , SU IT E a Jd oN LO S A N G E L E S , C A L I F O R N I A 90 01 TE L. : (2 13 ) 68 8- 95 00 - FA X: (2 13 ) 62 7- 63 42 - ~3 N O N O N N N N = THIRD AFFIRMATIVE DEFENSE (Unclean Hands) 3, Plaintiff's claims against Nationstar are barred by the doctrine of unclean hands. This defense is alleged in the alternative and does not admit any of the allegations contained in the complaint. FOURTH AFFIRMATIVE DEFENSE (Plaintiff's Own Acts or Omissions) 4, The complaint is barred, in whole or in part, because any injury, damage or loss allegedly sustained by plaintiff was proximately and actually caused by and contributed to by the negligence and carelessness on the part of plaintiff in that plaintiff failed to exercise ordinary care on its own behalf at the times and in the places set forth in the complaint. Accordingly, recovery by plaintiff should be barred or reduced to the extent of such responsibility. This defense is alleged in the alternative and does not admit any of the allegations contained in the complaint. FIFTH AFFIRMATIVE DEFENSE (Laches) 3. Plaintiff's claims are barred by the doctrine of laches. This defense is alleged in the alternative and does not admit any of the allegations contained in the complaint. SIXTH AFFIRMATIVE DEFENSE (Failure to Mitigate Damages) 6. Plaintiff, by its own conduct and actions, has failed to mitigate its purported damages. This defense is alleged in the alternative and does not admit any of the allegations contained in the complaint. SEVENTH AFFIRMATIVE DEFENSE (No Damages) 7. Plaintiff's loss was de minimus and it is not entitled to any recovery from Nationstar. This defense is alleged in the alternative and does not admit any of the allegations contained in the complaint. {38228838;1} 9 Case No. PC057040 ANSWER TO PLAINTIFF'S COMPLAINT FILED BY NATIONSTAR MORTGAGE LLC -_ he d h m W O N = O O R I Y nn B A W -_- wh A K E R M A N L L P 72 5 S. F I G U E R O A ST RE ET , SU IT E 38 00 - aN LO S A N G E L E S , C A L I F O R N I A 90 01 TE L. : (2 13 ) 68 8- 95 00 - FA X: (2 13 ) 62 7- 63 42 Ja ni ~J N O N N N N N N N N = 0 ~~ O N nn hs W N e m O O EIGHTH AFFIRMATIVE DEFENSE (No Prejudice) 8. Plaintiff has suffered no prejudice as a result of any alleged actions of Nationstar. This defense is alleged in the alternative and does not admit any of the allegations contained in the complaint. NINTH AFFIRMATIVE DEFENSE (Mootness) 9. Nationstar does not and has not claimed any interest in the subject property adverse to the interest asserted by plaintiff. As a show of good faith, Nationstar caused to be recorded a full reconveyance of its underlying deed of trust in the Los Angeles County Recorder's Office on May 11, 2016 as instrument number 20160534037 (executed on April 25, 2016), which renders plaintiff's allegations moot as a matter of law. TENTH AFFIRMATIVE DEFENSE (Statute of Limitations) 10. Plaintiff's claims are barred, in whole or in part, by the statute of limitations. ELEVENTH AFFIRMATIVE DEFENSE (Unstated Additional Defenses) 11. As to the allegations of the complaint, and the causes of action alleged therein, defendants presently have insufficient knowledge and information on which to form a belief as to whether additional, as yet unstated, affirmative defenses may exist. Nationstar therefore reserves the right to assert additional affirmative defenses in the event that discovery indicates that such defenses would be appropriate. Dated: June 8, 2016 AKERMAN By: 7 / Parisa Jagéith Attorneys for Defendant NATIONSTAR MORTGAGE LLC £38228838:1} 10 Case No. PC057040 ANSWER TO PLAINTIFF'S COMPLAINT FILED BY NATIONSTAR MORTGAGE LLC R N I A 90 01 7 FA X: (2 13 ) 62 7- 63 42 o k L d - SH OA ST RE ET , SU IT E 38 00 CA LT FO . A K E R M A N LL P 72 5 S. F I G U E R LO S A N G E L E S , TE L. : (2 13 ) 68 8- 95 00 - pon t AN fa ma -~ 1 © oo ~~ a wn A w h - p t p e d N = Oo - wn o o O N o N N R N N N R N R OG F F 0 ©» = © © ® VERIFICATION STATE OF TEXAS SS. COUNTY OF DENTON I have read the foregoing ANSWE R TO PLAINTIFF'S COMPLAIN T FILED BY DEFENDANT NATIONSTAR MORTGAG E LLC and know its contents. I am a Vice President for Nationstar Mo rtgage LLC, a party to this action, I am authorized to make this verification behalf of defenda nt Nationstar Mortgage LLC and I make this verification for that reason. I am informed and believe that the matters stated in the foregoing document are true. 1 declare under penalty of perjury und er the laws of the State of California that the foregoing is true and correct, Executed this Dn day of June, 201 6, at Lewisville, Texas. AJ Loll 0010029: 11 1t Case No. PC05704C mame tem vw SH W N wn PROOF OF SERVICE I am employed in the City and County of Los Angeles, California. I am over the age of 18 and not a party to the within action. My business address is 725 South Figueroa Street, 38" Floor, Los Angeles, California 90017. On June 8, 2016, I served the following document(s) described as: ANSWER TO PLAINTIFF'S COMPLAINT FILED BY DEFENDANT NATIONSTAR MORTGAGE LLC on the interested parties in this action by placing true copies thereof enclosed in sealed envelopes addressed as follows: vo x ~~ N p r pe es -_ OO So Ai dAttorney TE EL od - Telephone/ Facsimile/Email ha Party Thomas M. Norminton, Esq. Tel: 310.288.5900 Attorneys for Plaintiff Kathleen Dority Fuster, Esq. Fax: 310.288.501 Canyon View Limited, NORMINTON, WIITA & FUSTER | Email: office@normintonlaw.com | dba Canyon View A Professional Corporation Estates 433 N. Camden Drive, Suite 770 Beverly Hills, California 90210-4416 - No - Wo fi +a Ty wn A K E R M A N L L P 72 5 8. F I G U E R O A ST RE ET , SU IT E 38 00 LO S A N G E L E S , C A L I F O R N I A 90 01 7 p- t aN TE L. : (2 13 ) 68 8- 95 00 - FA X: (2 13 ) 62 7- 63 42 - ~) N N N N R N N N Y em 6 ~~ O N wn bh W N = OO DD © O (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. Iam a resident or employed in the county where the mailing occurred. The envelope or package was placed in the mail at Los Angeles, California. (OVERNIGHT DELIVERY) I deposited in a box or other facility regularly maintained by 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. 0 (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 service will be filed under separate cover. O (PERSONAL/MESSENGER SERVICE) Delivery was made to the attorney or at the attorney's office by serving the documents in an envelope or package clearly addressed and identifying the attorney at the addresses listed above and/or by leaving with a receptionist or an individual in charge of the office. OO (FACSIMILE) Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the persons at the fax numbers listed. No error was reported by the fax machine that I used. A copy of the record of the fax transmission, which I printed out, is attached. {382288381} 1 Case No. PC057040 ANSWER TO PLAINTIFF'S COMPLAINT FILED BY NATIONSTAR MORTGAGE LLC O e ~~ a N n n B -_- = pe ee k p b et w»m A W N = O A K E R M A N L L P 72 5 S. F I G U E R O A ST RE ET , SU IT E 38 00 - aN LO S A N G E L E S , C A L I F O R N I A 90 01 7 TE L. : (2 13 ) 68 8- 95 00 - FA X: (2 13 ) 62 7- 63 42 - ~3 ND N O N N N = = O (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 addressee(s) listed above by electronic mail at the e-mail address(es) 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.” I declare under penalty of perjury that I am employed in the office of a member of the bar of this Court at whose direction this service was made and that the foregoing is true and correct. El (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. O (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 8, 2016, at Los Angeles, California. Suzanne I. Jimenez Lm h PALE 7 (Type or print name) / /) (Signal e) # & {38228838;1} 2 Case No. PC0 57040 ANSWER TO PLAINTIFF'S COMPLAINT FILED BY NATIONSTAR MORTGAGE LLC Jimenez, Suzanne (LAA-Lax) From: trackingupdates@fedex.com Sent: Thursday, June 09, 2016 10:04 AM To: Jimenez, Suzanne (LAA-Lax) Subject: FedEx Shipment 783310386822 Delivered This tracking update has been requested by: Company Name: Akerman LLP Name: PARISA JASSIM E-mail: parisa.jassim@akerman.com Message: PSShip eMail Notification Our records indicate that the following shipment has been delivered: Reference: 058782.0314246-4926 Ship (P/U) date: Jun 8, 2016 Delivery date: Jun 9, 2016 9:59 am Sign for by: S.BESTTIFUL Delivery location: Beverly Hills, CA Delivered to: Receptionist/Front Desk Delivery date: Thu, 6/9/2016 9:59 am Service type: FedEx Priority Overnight Packaging type: FedEx Envelope Number of pieces: 1 Weight: 0.50 Ib. Special handling/Services: ~~ No Signature Required Deliver Weekday Tracking number: 783310386822 Shipper Information Recipient Information PARISA JASSIM Kathleen Dority Fuster, Esq. Akerman LLP Normington Witta Fuster 38th Floor 433 N. Camden Drive, Suite 770 725 South Figueroa Street Beverly Hills Los Angeles CA CA us us 90210 90017 Please do not respond to this message. This email was sent from an unattended mailbox. This report was generated at approximately 12:03 PM CDT on 06/09/2016. To learn more about FedEx Express, please visit our website at fedex.com. i EXHIBIT “B” A This page is part of your document - DO NOT DISCARD A 20160534037 sae WEIN JNCHRIDIN esse corded/Filed in Official Rec s Office Los = Angeles Cou ty, Califor 05/11/16 AT 08:00AM FEES: 42.00 TAXES: 0.00 OTHER: 0.00 PATD: 42.00 LT JHE 201605110140003 LEADSHEET [RHR 00012071727 VR A AE 007544560 SEQ: 01 SECURE - 8:00AM J EAE EA A CA 00 0 A LI A _ THIS FORM IS NOT TO BE DUPLICATED Eolas When recorded, return to: Tiffany & Bosco, P.A. 7720 N. 16" Street, Suite 300 Phoenix, Arizona 85020 SUBSTITUTION OF TRUSTEE AND FULL RECONVEYANCE APN: 8951-927-187 Recording requestad by: National Default Servicing Corporation 7720 N. 16 Street, Suita 300 Phoenix, AZ 85020 And when recorded, mall to: National Default Servicing Corporation i Si For recorder’s use TY 3 7¥:31¢ ina SUBSTITUTION OF TRUSTEE AND FULL RECONVEYANCE WHEREAS Victor A. Benvenuto and Jodie L. Benvenuto, Husband and Wife were the original Trustors; Recontrust Company, NA. the original Trustee, and Countrywide Home Loans, Inc. the original Beneficiary, under that cerlain Deed of Trust dated September 1, 2005 and recorded on September 12, 2005 as Instrument No. 05 2185511, of Official Records of Los Angeles County, Califomia, and affecting that property mare particularly described as follows: 18983 NORTHCLIFF DR, CANYON COUNTRY, CA 91351-5783 SEE ATTACHED EXHIBIT A FOR LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF BY REFERENCE HEREIN. , WHEREAS, the undersigned present Beneficiary desires to substitute a new Trustee under said Deed of Trust in place and Instead of Recontrust Company NA. ; NOW, THEREFORE, the undersigned hereby substitutes Nationstar Merlgage LLC as Trustee under said Deed of Trust and does hereby RECONVEY, WITHOUT WARRANTY, to the Or persons lil Uhdehe hereto, the Estate now held thereunder, pated _U 9] 201 4-952 oll Lal Nationstar a LLC _Pache] untick oe FiiNare ps hut Scie at sareor_ IC. ; COUNTY OF __ Nes, | 7% LASHUNDA L. CAR TER Be 1. oor ge, poder, anid 03) oo public. State of T xas who proved mam & § Comm. Expias Codi the basis of satisfactory evkience to be the persons) whose ; Notary 10 12969 name(s) lsfare subscribed to the within instrument and acknowledged to me that he/shefthey executed the same in hisMerAheir authorized capacityfies), and that by hisheritheir signature(s) on the instrument the persons) pre eal ype behalf of which the person(s) acted, executed certify under PENALTY OF PERJURY da ph of Calforia thatthe foregg Dy Corse a Ir WITNESS my fig 0) 7 3 NOTARY SEAL EXHIBIT “A” Legal Description Parcel 1: A Leasehold Interest In and to That portion of Section 17 and 18, Township 4 North, Range 15 West, San Bernardino Meridian, in the City of Santa Clarita, County of Los Angeles, State of California, according to the official plat of said fand filed in the District Land Office March 28, 1877 as Lot 187 on a Map filed with the Department of Housing and Community Development of the State of California a copy of said being attached as Exhibits “A” and “B" to document recorded January 29, 1991 as instrument no. 91-128789, official records. Except therefrom portions of said land, all cil, gas and other hydrocarhon substances and minerals In and under said property, together with the sole and exclusive easements, and rights of way through that part of the subsurface of said land which is 500 feet below the surface thereof, for the purposes of producing , taking, removing or convenient for obtaining all of such substances, excluding, however, any right of surface entry as reserved by C.J. Lyons and Belm Lyons, Hushand and Wife in Deed recorded December 8, 1959 in Book D686, page 944, official records. Also except therefrom, all ail, gas and other mineral rights, in or under said property as reserved as reserved in deed recorded April 22, 1955 as Instrument Na. 2455, in Book 47567, page 62, official records. Also except therefrom, all existing and future Improvements located thereon. Parcel 2; A fee interest in and to That certain Manufactured Home installed on a fountain system, said improvement located on Parcel 1 described above. EXHIBIT “C” SC © «© N O T d WwW NN - N O N BN O N N N O N MN NN N e oe m e l m t e d e m mm oe ml | em t wa N O T x W N m O w N Y T d W N m NORMINTON, WIHTA & FUSTER A Professional Corporation THOMAS M. NORMINTON, SBN 57910 KATHLEEN DORITY FUSTER, SBN 119685 433 No. Camden Drive, Suite 770 Beverly Hills, California 90210-4416 Telephone: (310) 288-5900 Facsimile: (310) 288-5901 office@normintonlaw.com Attorneys for Plaintiff Canyon View Limited, dba Canyon View Estates SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, NORTH VALLEY DISTRICT CANYON VIEW LIMITED, doing business as | CASE NO. PC057040 CANYON VIEW ESTATES, a limited partnership, PLAINTIFF'S STATUTORY OFFER TO COMPROMISE PURSUANT TO CALIFORNIA Plaintiff, CODE OF CIVIL PROCEDURE § 998 V. Dept. F-47 - Chatsworth Courthouse NATIONAL DEFAULT SERVICING The Hon. Melvin D. Sandvig, presiding CORPORATION, a corporation; NATIONSTAR MORTGAGE, LLC, a limited liability; and DOES 1 through 20, inclusive, Action Filed: May 3, 2016 Defendants. TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD IN THIS ACTION: Pursuant to California Code of Civil Procedure § 998, Plaintiff Canyon View Limited, dba Canyon View Estates, (“Plaintiff”) hereby offers to compromise the above-captioned matter now pending in the Los Angeles Superior Court, Case No PC057040 (the “Case”), on the following terms: 1. Defendant Nationstar Mortgage, LLC (“Nationstar”) shall stipulate to the entry of a judgment in Plaintiff's favor on the Complaint (the “Judgment”). A copy of the proposed Stipulation for judgment is attached as Exhibit 1. Ss PLAINTIFF'S STATUTORY OFFER TO COMPROMISE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE § 998 - QO WwW N O N U T As Ww o N 2, Pursuant to the stipulated Judgment to be submitted to the Court in | compromise, Plaintiff will forego the award of the compensatory damages it seeks against Nationstar, but shall be awarded all of the other relief Plaintiff seeks by the Complaint. A copy of the Proposed Judgment is attached as Exhibit 2. 3. Therefore, Plaintiff offers that by the judgment, title to the real property (“Property”) located at Lot 187 in Canyon View Estates, including the manufactured home affixed to that lot (the “Home”), shall be quieted in Plaintiff. The Judgment shall declare that (1) Nationstar has no right, title, or interest in or to the Property, and (b) Plaintiff obtained title in fee to the Home, free and clear of any prior interests, as of the date Plaintiff purchased the Home in accordance with the abandonment judgment and court ordered sale under Civil Code § 798.61. In addition, the Judgment shall declare that the documents identified as the “Documents Clouding Title” in the Verified Complaint are cancelled and removed from the documents recorded with the Los Angeles Recorders Office against the Property. 4. After the Judgment is entered in Plaintiff's favor on the Complaint, Plaintiff is entitled as the prevailing party to seek to recover its reasonable attorney's fees and costs by filing with the court a Memorandum of Costs (“Plaintiff's Costs Memo”) and a motion for the award of Plaintiff's attorney's fees and costs against Nationstar (“Plaintiff's Fee Motion”). Nationstar is entitled to oppose Plaintiff's Costs Memo and Plaintiff's Fee Motion. (See, Proposed Judgment attached as Exhibit 2.) 5, Nationstar shall indicate its acceptance of this offer by signing the statement to that effect set forth below, and by timely returning its signed acceptance to Plaintiff's counsel of record in this action. If Nationstar accepts this offer, Nationstar will execute and return to Plaintiff's counsel for filing with the Court the attached Stipulation for Judgment and Proposed i Judgment, Exhibits 1 and 2 attached. 6. This offer shall remain open for the period provided in Cal. Code Civ. Proc. | § 998, unless it is earlier revoked in writing. J PLAINTIFF'S STATUTORY OFFER TO COMPROMISE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE § 998 - o w O X N O U T A w O N 7. If not accepted, and Nationstar fails to obtain a more favorable judgment, Plaintiff will seek all remedies permitted under Cal. Code Civ. Proc. § 998, including, without limitation, the recovery of Plaintiff's post-offer costs of the services of its expert witnesses. DATED: July [a ; 2017 NORMINTON, WHTA & FUSTER A Professional Corporation By: HAA fpo Dmprite, fiesro Kathleen Dority Fuster Attorneys for Plaintiff Canyon View Limited dba Canyon View Estates KDF.229.042/114837 Fs PLAINTIFF'S STATUTORY OFFER TO COMPROMISE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE § 998 EXHIBIT “1” © o N O Y 1 A Ww N = N O N O N N N N D N N mA =m a a ld e l e a e d a Oo O N O U h W N R D Ww N Y T W N = O NORMINTON, WIITA & FUSTER A Professional Corporation THOMAS M, NORMINTON, SBN 57910 KATHLEEN DORITY FUSTER, SBN 119685 433 No. Camden Drive, Suite 770 Beverly Hills, California 90210-4416 Telephone: (310) 288-5900 Facsimile: (310) 288-5901 office@normintonlaw.com Attorneys for Plaintiff Canyon View Limited, dba Canyon View Estates McGLINCHEY STAFFORD SANFORD SHATZ, SBN 127229 KEVIN S. KIM, SBN 275200 18201 Von Karman Avenue, Suite 350 Irvine, California 92612 Telephone: (949) 381-5900 Facsimile: (949) 271-4040 sshatz@mcglinchey.com Attorneys for Defendant Nationstar Mortgage, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, NORTH VALLEY DISTRICT CANYON VIEW LIMITED, doing business as | CASE NO. PC057040 CANYON VIEW ESTATES, a limited partnership, STIPULATION FOR JUDGMENT ON THE COMPLAINT Plaintiff, V. Dept. F-47 - Chatsworth Courthouse The Hon. Melvin D. Sandvig, presiding NATIONAL DEFAULT SERVICING -_ : Action Filed: May 3, 2 CORPO TION, Zcarporiio Trial ie Septentber 5, 5017 NATIONSTAR MORTGAGE, LLC, a limited liability; and DOES 1 through 20, inclusive, Defendants. TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD IN THIS ACTION: IT 1S HEREBY STIPULATED AND AGREED by plaintiff Canyon View Limited (“Plaintiff or “Canyon View”) and defendant Nationstar Mortgage, LLC (“Nationstar”), by and through their respective counsel of record, that judgment may be entered on the Complaint in this action in Plaintiff's favor to, among other things, quiet title in and to the Hs STIPULATION FOR JUDGMENT ON THE COMPLAINT Ww 00 N O N tT BR W N e s N O R N N N N N N N N A m am m m e d e s S e d ®@ N O U T D W N =, O Y N N O s w NN = O real property that is the subject of the Complaint, as set forth in more detail in the concurrently submitted [Proposed] Judgment on the following facts and terms. Canyon View and Nationstar will hereinafter be referred to collectively as the “Parties” or each as “Party.” RECITALS The Parties make this Stipulation For Judgment on the Complaint (“Stipulation”) with respect to the following: A. On May 3, 2016, Plaintiff filed its verified Complaint in this matter in the Los Angeles Superior Court, Case No. PC057040 (the “Complaint”). B. The Complaint alleges against defendants Nationstar, National Default Servicing Corporation (“National Default”), and defendants named as “all persons unknown claiming any legal or equitable right, title, estate, lien or interest in the property adverse to Plaintiff's title, or any cloud on Plaintiff's title to such Property” (the “Unknown Persons”) (all sometimes collectively Defendants”) claims for (1) quiet title under Cal. Civil Procedure Code § 760.010, (2) declaratory relief under Cal. Civil Procedure Code § 1060 and Cal. Civil Code § 798.61 of the Mobilehome Residency Law, Cal. Civil Code §§798.1 et seq. (“MRL”), (3) removal of cloud on title pursuant to Cal. Civil Code § 3412, and (4) unfair business practices under Cal. Business & Professions Code §§ 17200, et. seq. C. Plaintiff owns and operates Canyon View Estates, a mobilehome park in Santa Clarita (the “Park”). The Complaint alleges that in September 2005, Canyon View, as lessor, entered into a lease (the “Lease”) for Lot 187 in the Park commonly described as 19983 Northcliff Drive, Santa Clarita, with tenants named Victor A. Benvenuto and jodie L. Benvenuto (the “Benvenutos”), and in return, the Benvenutos agreed to pay Canyon View rent, utilities, and other charges all as set forth in the Lease. The Home installed on Lot 187 bears Serial No. CA-HK-01-27-1799A-00-7968-A/B. The Lease and Home are referred to collectively herein as the “Property.” D. After the Benvenutos breached the Lease by failing to pay the charges due, and nobody cured the defaults, Canyon View filed an abandonment proceeding in the Los Angeles Superior Court, docketed as Case No. 08303080. The superior court entered an 3. STIPULATION FOR JUDGMENT ON THE COMPLAINT O C0 N N O&O U 1 Bh W N R O N RN O N N N N O N N O N mm e d e d om md oe md om d oe md om md | em t a d C N t b h W N S O W C Y T D W N = , Oo abandonment judgment in Canyon View's favor in April 2009. Plaintiff purchased the Home at a court-ordered public sale on May 7, 2009, extinguishing prior liens and interests pursuant to MRL § 798.61. A grant deed conveying the Home to Canyon View dated June 17, 2009 was recorded in the Los Angeles County Recorder's Office on February 23, 2010 as Instrument No. 20100243476. E Defendants recorded in the Los Angeles County Recorder's Office against the Property the following documents: (a) an Assignment of Deed of Trust recorded October 28, 2013, Instrument No. 20131535057 (the “Assignment of Deed of Trust”), purporting to assign to Defendant Nationstar “all beneficial interest” under a deed of trust recorded against the Property on September 1, 2005 as Instrument No. 05 2185511 (the “Deed Of Trust”); (b) a Notice of Trustee's Sale recorded December 11, 2013, Instrument No0.20131749371 (the “Notice of Trustee's Sale”); (c) a Corporate Assignment Of Deed Of Trust recorded December 8, 2014, Instrument No. 2014136497; (d) a Notice of Rescission of Notice of Default and Election To Sell Under Deed of Trust recorded June 2, 2015, Instrument No. 20150644728 (“Notice Of Rescission”) (all four, the “Recorded Documents”). F. On or about June 17, 2016, defendant National Default filed a Declaration of Non-Monetary Status under Civil Code §2924l, agreeing to be bound by any non-monetary judgment to be entered by the Court with respect to the Property. GC. By entering into this Stipulation, the Parties desire to have Judgment entered on the Complaint in Plaintiff's favor, as detailed in the concurrently submitted [Proposed] Judgment, and in order to avoid those additional fees and costs that would be incurred by each side in this matter if it were to be litigated through trial. H. By this Stipulation and the [Proposed] Judgment, Nationstar intends to release any and all clouds, claims, interests, rights or title of any kind whatsoever in or to the 3 STIPULATION FOR JUDGMENT ON THE COMPLAINT Ww N N OO U r h w N = AN N R DN N N N N N em em em e m e d e l m d em e d e d Co NN O Y U T A W O N = Q W N Y T R Ww NN = O Property resulting from the Recorded Documents, or any other document, fact, or circumstance. I. The Parties have the authority to enter into this Stipulation, and none of them previously transferred its rights or interests in or to the Property, if any, to any other entity or person, including, without limitation, any of the Unknown Persons named as defendants in the Complaint pursuant to Cal. Code of Civil Procedure § 762.060(a). I. The Parties do not know of the existence of any claims or interests held by any Unknown Persons in or to the Property, or of the identities of any Unknown Persons claiming any rights or interests in or to the Property. STIPULATION FOR JUDGMENT NOW THEREFORE, in accordance with the above Recitals, the Parties hereby further agree and stipulate as follows: 1. Judgment shall be entered on the Complaint in Plaintiff's favor to quiet title to the Property in Plaintiff, among other things, as detailed in the [Proposed] Judgment concurrently submitted by the Parties to the Court. 2: After the Judgment is entered on the Complaint in favor of Plaintiff, Plaintiff has the right as the prevailing party to file the following with the Court: (a) a memorandum of costs (“Plaintiff's Costs Memo”) and, (b) a motion for an award to Plaintiff of it's attorney's fees and costs pursuant to, without limitation, Cal. Civil Code § 798.85 (“Plaintiff's Fee Motion”). 3. Nationstar reserves its rights to oppose Plaintiff's Costs Memo and Plaintiff's Fee Motion. 4. The Parties acknowledge that nothing in this Stipulation, the [Proposed] Judgment, or in the resolution of this matter without trial, deprives Plaintiff of its right to seek to recover its reasonable attorney's fees and costs after the Judgment is entered, or Nationstar’s right to oppose Plaintiff's recovery of its attorney's fees and costs. 5 The Court shall retain jurisdiction over this matter to enforce the terms of the Judgment to be entered in accordance with the parties’ Stipulation. -4- STIPULATION FOR JUDGMENT ON THE COMPLAINT © 2 N o n d e N = R O N O N O R N N N N N S e e a s e e d e d e d e d © N O W T A W N = O O Ww N o y W N = O 6. in the event of any litigation or proceeding arising under, or to enforce any term of, the parties’ Stipulation or the Judgment on the Complaint to be entered in accordance with the parties’ Stipulation, the prevailing party or parties shall be entitled to recover an award of its reasonable attorney's fees and costs. DATED: July 2017 NORMINTON, WIITA & FUSTER A Professional Corporation By: Kathleen Dority Fuster Attorneys for Plaintiff Canyon View Limited dba Canyon View Estates , 2017 McGLINCHEY STAFFORD DATED: July By: Sanford Shatz Attorneys for Defendant Nationstar Mortgage, LLC 229.042/114873 -5- STIPULATION FOR JUDGMENT ON THE COMPLAINT EXHIBIT “2” QO Ww oo N o nn A N = N O O N O N O R N O N N N N 2 2 ma ed e d e a a ed e d BG N O O O n x W N 2, O w N Y U T W N NORMINTON, WHTA & FUSTER A Professional Corporation THOMAS M. NORMINTON, SBN 57910 KATHLEEN DORITY FUSTER, SBN 119685 433 No. Camden Drive, Suite 770 Beverly Hills, California 90210-4416 Telephone: (310) 288-5900 Facsimile: (310) 288-5901 office@normintonlaw.com Attorneys for Plaintiff Canyon View Limited, dba Canyon View Estates McGLINCHEY STAFFORD SANFORD SHATZ, SBN 127229 KEVIN S. KIM, SBN 275200 18201 Von Karman Avenue, Suite 350 Irvine, California 92612 Telephone: (949) 381-5900 Facsimile: (949) 271-4040 sshatz@mcglinchey.com Attorneys for Defendant Nationstar Mortgage, LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES, NORTH VALLEY DISTRICT CANYON VIEW LIMITED, doing business as | CASE NO. PC057040 CANYON VIEW ESTATES, a limited partnership, [PROPOSED] JUDGMENT ON COMPLAINT PURSUANT TO STIPULATION Plaintiff, v. Dept. F-47 - Chatsworth Courthouse The Hon. Melvin D. Sandvig, presiding NATIONAL DEFAULT SERVICING Action Filed: May 3, 2016 CORPORATION, a corporation; NATIONSTAR MORTGAGE, LLC, a limited liability; and DOES 1 through 20, inclusive, Trial Date: ~~ September 5, 2017 Defendants. TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD IN THIS ACTION: It appearing to the Court that Plaintiff Canyon View Limited, dba Canyon View Estates, (“Plaintiff”) and defendant Nationstar Mortgage, LLC (“Nationstar”), having entered into a Stipulation For Judgment on the Verified Complaint alleging claims for (1) quiet title under Cal. Civil Procedure Code § 760.010, (2) declaratory relief under Cal. Civil Procedure re [PROPOSED] JUDGMENT ON COMPLAINT PURSUANT TO STIPULATION o w MN 0 0 N o y Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Code § 1060 and Cal. Civil Code § 798.61 of the Mobilehome Residency Law, Cal. Civil Code §5§798.1 et seq. (“MRL”), (3) removal of cloud on title pursuant to Cal. Civil Code § 3412, and (4) unfair business practices under Cal. Business & Professions Code §§ 17200, et. seq. (“Complaint”), And defendant National Default Servicing Corporation having filed a Declaration of Non-Monetary Interest under Civil Code §29241 agreeing to be bound by any non-monetary judgment to be entered by the Court, And good cause appearing therefore, the Court now enters the following Judgment for Plaintiff in this matter: NOW, THEREFORE, IT IS ADJUDGED, ORDERED AND DECREED by the Court that: 1 Since the date Plaintiff purchased the manufactured home permanently- installed on Lot 187 in Canyon View Estates bearing Serial No. CA-HK-01-27-1799A-00- 7968-A/B (the “Home”) on May 7, 2009, at the court-ordered sale in accordance with Cal. Civil Code §798.61(e)(4) of the MRL, Plaintiff has held, and continues to hold, title to the Home in fee, free of any prior interest. 2. The defendants have no right, title, estate, lien or any interest whatsoever in, to or concerning the Home or the lease (“Lease”) for Lot 187 in Canyon View Estates, commonly described as 19983 Northcliff Drive, Santa Clarita, California 91351 (both, the Home and Lease together, the “Property”). 3. Title in fee to the Property, free of any prior interest by defendants, is hereby quieted in Plaintiff. The description of the Property, the title to which is being quieted in Plaintiff by this Judgment, is Lot 187, APN No. 8951-927-187, 19983 Northcliff Drive, Santa Clarita, CA 91351, and the Home affixed to it, bearing Serial No. CA-HK-01-27-1799A-00- 7968-A/B, and further legally described in the Complaint as follows: “THAT PORTION OF SECTIONS 17 AND 18, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SANTA CLARITA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, MARCH 28, 1877, AND SHOWN AS LOT 187 ON THE MAP FILED IN THE DEPARTMENT OF HOUSING AND COMMUNITY 5. [PROPOSED] JUDGMENT ON COMPLAINT PURSUANT TO STIPULATION O w O e N N o t A w NN 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEVELOPMENT OF THE STATE OF CALIFORNIA, A COPY OF SAID BEING ATTACHED AS EXHIBITS “A” AND “B” TO DOCUMENT RECORDED JANUARY 29, 1991 AS INSTRUMENT NO. 91-128789. EXCEPT THEREFROM PORTIONS OF SAID LAND, ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN AND UNDER SAID PROPERTY, TOGETHER WITH THE SOLE AND EXCLUSIVE EASEMENTS, AND RIGHTS OF WAY THROUGH THAT PART OF THE SUBSURFACE OF SAID LAND WHICH IS 500 FEET BELOW THE SURFACE THEREOF, FOR THE PURPOSE OF PRODUCING, TAKING, REMOVING AND DISPOSING SAID SUBSTANCES FROM SAID LAND WITH ALL OTHER RIGHTS NECESSARY OR CONVENIENT FOR OBTAINING ALL OF SUCH SUBSTANCES, EXCLUDING, HOWEVER, ANY RIGHT OF SURFACE ENTRY, AS RESERVED BY C.J. LYONS AND BELM LYONS, HUSBAND AND WIFE, IN DEED RECORDED DECEMBER 8, 1959, IN BOOK D686, PAGE 944, OFFICIAL RECORDS. ALSO EXCEPT THEREFROM, ALL OIL, GAS AND OTHER MINERAL RIGHTS, IN OR UNDER SAID PROPERTY AS RESERVED IN DEED RECORDED APRIL 22, 1955 AS LT ald NO. 2455, IN BOOK 47567 PAGE 62, OFFICIAL RECORDS. ALSO EXCEPT THEREFROM, ALL EXISTING AND FUTURE IMPROVEMENTS LOCATED THEREON.” ~~ 4. The following documents recorded against the Property in the public title records in the Los Angeles County Recorder's Office are hereby ordered cancelled and withdrawn from Plaintiffs title to the Property: a) the Assignment of Deed of Trust recorded October 28, 2013, Instrument No. 20131535057 under a deed of trust recorded against the Property on September 1, 2005 as Instrument No. 05 2185511 (the “Deed of Trust”), along with that Deed of Trust; (b) the Notice of Trustee's Sale recorded December 11, 2013, Instrument No.20131749371; (c) the Corporate Assignment Of Deed Of Trust recorded December 8, 2014, Instrument No. 2014136497; and (d) the Notice of Rescission of Notice of Default and Election To Sell Under Deed of Trust recorded June 2, 2015, Instrument No. 20150644728 (all, the “Cancelled Documents”). 5. The Parties have the right to cause to be recorded in the public title records in the Los Angeles County Recorder's Office, a certified copy of this Judgment cancelling and E: [PROPOSED] JUDGMENT ON COMPLAINT PURSUANT TO STIPULATION © & N o y 1 hk W N = eo N O O O A W N =, o Y N Y Dd W N (> ) withdrawing the Cancelled Documents, removing the clouds on Plaintiff's fee title to the Property, and quieting title in Plaintiff's favor in and to the Property. 6. After the Judgment is entered on the Complaint in favor of Plaintiff, Plaintiff as prevailing party has the right to seek to recover its reasonable attorney's fees and costs by filing the following with the Court: (a) a memorandum of costs (“Plaintiff's Costs Memo”), and (b) a motion for an award to Plaintiff of it's attorney's fees and costs pursuant to, without limitation, Cal. Civil Code § 798.85 against Nationstar (“Plaintiff's Fee Motion”). 7: Nationstar expressly reserves its right to oppose Plaintiff's Costs Memo and Plaintiff's Fee Motion. 8. Nothing in the Stipulation For Judgment, the Judgment, or in the resolution of this matter without trial, deprives Plaintiff of its right to seek to recover its reasonable attorney's fees and costs after the Judgment is entered, or Nationstar's right to oppose Plaintiff's recovery of its attorney's fees and costs. 9 IT IS FURTHER ADJUDGED, ORDERED AND DECREED that the Court retains jurisdiction of this cause until the terms of this judgment have been fully complied with or until further order of the Court. DATED: , 2017 HONORABLE MELVIN D. SANDVIG 229,042/114874 alls [PROPOSED] JUDGMENT ON COMPLAINT PURSUANT TO STIPULATION c r ss W N ® N O 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE BY UNITED STATES MAIL AND E-MAIL [, the undersigned, now declare: | am employed in the County of Los Angeles, State of California. [ am over the age of 18 and not a party to the within action. My business address is: 433 North Camden Drive, Suite 770, Beverly Hills, California 90210. On the date of my signing this declaration, | served the foregoing document titled on its first page as: PLAINTIFF'S STATUTORY OFFER TO COMPROMISE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE §998 the party(ies) in this action by placing for each party served a true copy of it by e-mail and first class mail enclosed in sealed envelopes addressed as follows: Sanford P. Shatz, Esq. McGlinchey Stafford. 18201 Von Karman Ave., Suite 350 Irvine, CA 92612 Tel. No. (949) 381-5911 Fax (949) 271-5763 E-mail: sshatz@mcglinchey.com (Attorney for Nationstar Mortgage, LLC) I caused such envelopé(s) to be deposited in the mail at Beverly Hills, California. The envelope for each person was mailed with postage thereon it fully prepaid. [ am readily familiar with this firm's practice of collection and processing correspondence for mailing. Under this practice, it would be deposited with the U.S. Postal Service on that same date with postage on it fully prepaid at Beverly Hills, California in the ordinary course of business. | am aware that on motion of any party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after the date of deposit for mailing in affidavit. Executed on July 19, 2017, at Beverly Hills, California. | declare under penalty of perjury under the laws of the State of California that the above is true and correct. to Ly Maks Y, Cindoy(Rodriguez / / PROOF OF SERVICE BY UNITED STATES MAIL AND E-MAIL EXHIBIT “D” Ne 2 N t RA W N B O B O R N O R k m et he d mm de d ed ew fe d fe m je McGLINCHEY STAFFORD Sanford Shatz (SBN 127229) Kevin S. Kim (SBN 275200) 18201 Von Karman Avenue, Suite 350 Irvine, California 92612 Telephone: (949) 381-5900 Facsimile: (949) 271-4040 Email: sshatz@mcglinchey.com kkim@mcglinchey.com Attorneys for Defendant NATIONSTAR MORTGAGE LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES CANYON VIEW LIMITED, doing business as Case No.: PC057040 CANYON VIEW ESTATES, a limited partnership, Assigned to the Hon. Melvin D. Sandvig Plaintiff, Dept: F47 Vi [Unlimited Jurisdiction] NATIONAL DEFAULT SERVICING DEFENDANT NATIONSTAR CORPORATION, a corporation; NATIONSTAR MORTGAGE LLC’S STATUTORY OFFER MORTGAGE, LLC, a limited liability; and DOES | TO COMPROMISE PURSUANT TO 1 through 20, inclusive, CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 998 Defendants. Action Filed: May 03, 2016 Trial Date: ~~ November 13, 2018 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD IN THIS ACTION: Pursuant to California Code of Civil Procedure section 998, Defendant Nationstar Mortgage LLC ("Defendant") hereby offers to compromise the above-captioned matter now pending in the Los Angeles Superior Court, Case No PC057040 (the "Case"), on the following terms: 1 Plaintiff Canyon View Limited dba Canyon View Estates ("Plaintiff") shall stipulate to the entry of a judgment in Plaintiff's favor on the Complaint (the "Judgment"). A copy of the proposed Stipulation for Judgment is attached as Exhibit 1. 1 DEFENDANT NATION STAR MORTGAGE, LLC’S STATUTORY OFFER TO COMPROMISE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 998 1181604.1 eo ee J S N U n la W N »~ » ~ Jk Pt Jt po i Ju d J pk J fd J 2 N R B E E R EB R R E 8 8 2 0 5 2 5 5 0 EB = 2. Pursuant to the stipulated judgment to be submitted to the Court in compromise, Plaintiff will forego the award of the compensatory damages it seeks against Nationstar, but shall be awarded all of the other relief Plaintiff seeks by the Complaint. A copy of the Proposed Judgment is attached as Exhibit 2. 3. Therefore, Nationstar offers that by the judgment, title to the real property ("Property") located at Lot 187 in Canyon View Estates, including the manufactured home affixed to that lot (the "Home"), shall be quieted in Plaintiff. The judgment shall declare that (1) Nationstar has no right, title, or interest in or to the Property, and (b) Plaintiff obtained title in fee to the Home, free and clear of any prior interests, as of the date Plaintiff purchased the Home in accordance with the abandonment judgment and court ordered sale under Civil Code section 798.61. In addition, the judgment shall declare that the documents identified as the "Documents Clouding Title" in the Verified Complaint are cancelled and removed from the documents recorded with the Los Angeles Recorder's Office against the Property. 4. After the judgment is entered in Plaintiff's favor on the Complaint, in lieu of filing with the court a Memorandum of Costs ("Plaintiff's Costs Memo") or filing a motion for the award of Plaintiff’s attorneys’ fees and costs against Nationstar, and upon receipt by Nationstar of a valid IRS Form W-9 from Plaintiff, Nationstar shall pay Plaintiff $50,000.00 in satisfaction of all claims for damages, costs and expenses, attorneys’ fees and interest in this action, each party to otherwise bear its own costs and attorneys’ fees. (See Proposed Judgment attached as Exhibit 2.) 5. Plaintiff shall indicate its acceptance of this offer by signing the statement to that effect set forth below, and by timely returning its signed acceptance to Nationstar’s counse! of record in this action. If Plaintiff accepts this offer, Plaintiff will execute and return to Nationstar’s counsel for filing with the Court the attached Stipulation for Judgment and Proposed Judgment, Exhibits 1 and 2 attached. 6. This offer shall remain open for the period provided in Cal. Code Civ. Proc. § 998, unless it is earlier revoked in writing. 7. If not accepted, and Plaintiff fails to obtain a more favorable judgment, Nationstar 2 DEFENDANT NATION STAR MORTGAGE, LLC’S STATUTORY OFFER TO COMPROMISE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 998 1181604.1 Y O N S rR A W N C O N O N O R Ee m h em e l je wd sl fe d f k pe i B Y R E R U B R B R E E B Z E R E S I E O E = will seek all remedies permitted under Cal. Code Civ. Proc. § 998, including, without limitation, the recovery of Nationstar’s post-offer costs of the services of its expert witnesses. DATED: October 31, 2018 McGLIN Y STAFFORD Oy a Attorneys for I - wmode MORTGAGE LLC 3 DEFENDANT NATION STAR MORTGAGE, LLC’S STATUTORY OFFER TO COMPROMISE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 998 1181604.1 EXHIBIT “1” 2 -- ] ~1 a Un LN W N - p= j d p k f d fe d fe d fe m fe d ek je k B 3 3 B E R R E R B R R E B G E 2 3 23 o r o bb BB 3 NORMINTON, WIITA & FUSTER A Profession Corporation THOMAS M. NORMINTON, SBN 57910 KATHLEEN DORITY FUSTER, SBN 119685 433 No. Camden Drive, Suite 770 Beverly Hills, California 90210-4416 Telephone: (310) 288-5900 Facsimile: (310) 288-5901 office@normintonlaw.com Attorneys for Plaintiff Canyon View Limited, dba Canyon View Estates McGLINCHEY STAFFORD Sanford Shatz (SBN 127229) Kevin S. Kim (SBN 275200) 18201 Von Karman Avenue, Suite 350 Irvine, California 92612 Telephone: (949) 381-5900 Facsimile: (949) 271-4040 Email; sshatz@mcglinchey.com kkim@mecglinchey.com Attorneys for Defendant NATIONSTAR MORTGAGE LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES CANYON VIEW LIMITED, doing business as Case No.: PC057040 CANYON VIEW ESTATES, a limited partnership, Assigned to the Hon. Melvin D. Sandvig Plaintiff, Dept: F47 Vv. [Unlimited Jurisdiction] NATIONAL DEFAULT SERVICING STIPULATION FOR JUDGMENT ON THE CORPORATION, a corporation; NATIONSTAR | COMPLAINT MORTGAGE, LLC, a limited liability; and DOES 1 through 20, inclusive, Dept. F-47 - Chatsworth Courthouse Defendants. Action Filed: May 03, 2016 Trial Date: ~~ November 13, 2018 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD IN THIS ACTION: IT IS HEREBY STIPULATED AND AGREED by plaintiff Canyon View Limited (“Plaintiff or “Canyon View”) and defendant Nationstar Mortgage LLC (“Nationstar”), by and through their respective counsel of record, that judgment may be entered on the Complaint in this 1 STIPULATION FOR JUDGMENT ON THE COMPLAINT 1239663.1 e e 3 S R W N B O bh pm he em e k ee d ee k ed ed e l ed 8 83 B B R B R B R 2 8 2 8 3 8 45 2 2 a g =m = action in Plaintiffs favor to, among other things, quiet title in and to the real property that is the subject of the Complaint, as set forth in more detail in the concurrently submitted [Proposed] Judgment on the following facts and terms. Canyon View and Nationstar will hereinafter be referred to collectively as the “Parties” or each as “Party”. RECITALS The Parties make this Stipulation for Judgment on the Complaint (“Stipulation™) with respect to the following; A. On May 3, 2016, Plaintiff filed its verified Complaint in this matter in the Los Angeles Superior Court, Case No. PC057040 (the “Complaint”). B. The Complaint alleges against defendants Nationstar, National Default Servicing, Corporation (“National Default”), and defendants named as “all persons unknown claiming any legal or equitable right, title, estate, lien or interest in the property adverse to Plaintiff's title, or any cloud on Plaintiff's title to such Property” (the “Unknown Persons”) (all sometimes collectively “Defendants™) claims for (1) quiet title under Cal. Civil Procedure Code section 760.010, (2) declaratory relief under Cal. Civil Procedure Code section 1060 and Cal. Civil Code 798.61 of the Mobilehome Residency Law, Cal. Civil Code section 798.1 et seq. (“MRL”), (3) removal of cloud on title pursuant to Cal. Civil Code section 3412, and (4) unfair business practices under Cal. Business & Professions Code section 17200, ef seq. C. Plaintiff owns and operates Canyon View Estates, a mobilehome park in Santa Clarita (the “Park™). The Complaint alleges that in September 2005, Canyon View, as lessor, entered into a lease (the “Lease™) for Lot 187 in the Park commonly described as 19983 Northcliff Drive, Santa Clarita, with tenants named Victor A, Benvenuto and Jodie L. Benvenuto (the “Benvenutos™), and in return, the Benvenutos agreed to pay Canon View rent, utilities, and other charges all as set forth in the lease. The Home installed on Lot 187 bears Serial No. CA-HK-01-27-1799A-00-7968-A/B. The Lease and Home are referred to collectively herein as the “Property”. D. After the Benvenutos breached the Lease by failing to pay the charges due, and nobody cured the defaults, Canyon View filed an abandonment proceeding in the Los Angeles Superior Court, docketed as Case No. 08303080. The superior court entered an abandonment 2 STIPULATION FOR JUDGMENT ON THE COMPLAINT 1239663.1 M O Na A N n t Es W N N O O N O N ee mk em ml e m je m pe p d pe d judgment in Canyon View’s favor in April 2009. Plaintiff purchased the Home at a court-ordered public sale on May 7, 2009, extinguishing prior liens and interests pursuant to MRL section 798.61. A grant deed conveying the Home to Canyon View dated June 17, 2009 was recorded in the Los Angeles County Recorder’s Office on February 23, 2010 as Instrument No. 20100243476. E. Defendants recorded in the Los Angeles County Recorder’s Office against the Property the following documents: (2) an Assignment of Deed of Trust recorded October 28, 2013, Instrument No. 20131535057 (the “Assignment of Deed of Trust”), purporting to assign to Defendant Nationstar “all beneficial interest” under a deed of trust recorded against the Property on September 1, 2005 as Instrument No. 05 2185511 (the “Deed of Trust”); (b) a Notice of Trustee’s Sale recorded December 11, 2013, Instrument No. 20131749371 (ihe “Notice of Trustee’s Sale”); (¢) aCorporate Assignment of Deed of Trust recorded December 8, 2014, Instrument No. 2014136497; (d aNotice of Rescission of Notice of Default and Election to Sell Under Deed of Trust recorded June 2, 2015, Instrument No. 20150644728 (“Notice of Rescission™) (all four, the “Recorded Documents™). F. On or about June 17, 2016, defendant National Default filed a Declaration of Non- Monetary Status under Civil Code section 29241, agreeing to be bound by any non-monetary judgment to be entered by the Court with respect to the Property. G. By entering into this Stipulation, the Parties desire to have Judgment entered on the Complaint in Plaintiff’s favor, as detailed in the concurrently submitted [Proposed] Judgment, and in order to avoid those additional fees and costs that would be incurred by each side in this matter if it were to be litigated through trial. H. By this Stipulation and the [Proposed] Judgment, Nationstar intends to release any and all clouds, claims, interests, rights or title of any kind whatsoever in or to the Property resulting from the Recorded Documents, or any other document, fact, or circumstance. 3 STIPULATION FOR JUDGMENT ON THE COMPLAINT 1239663.1 O e N a S nn ER W N = BN O M O N OB R me mm fe be m h fe b e k fe d mk ed I, The Parties have the authority to enter into this Stipulation, and none of them previously transferred its rights or interests in or to the Property, if any, to any other entity or person, including, without limitation, any of the Unknown Persons named as defendants in the Complaint pursuant to Cal. Code of Civil Procedure section 762.060(a). i The Parties do not know of the existence of any claims or interests held by any Unknown Persons in or to the Property, or of the identities of any Unknown Persons claiming any rights or interests in or to the Property. STIPULATION FOR JUDGMENT NOW THEREFORE, in accordance with the above Recitals, the Parties hereby further agree and stipulate as follows: 1. Judgment shall be entered on the Complaint in Plaintiff’s favor to quiet title to the Property in Plaintiff, among other things, as detailed in the [Proposed] Judgment concurrently submitted by the Parties to the Court. 2. After the Judgment is entered on the Complaint in favor of Plaintiff, and in lieu of Plaintiff filing a memorandum of costs or a motion for attorneys’ fees, and upon receipt of a valid IRS Form W-9 from Plaintiff, Nationstar shall pay Plaintiff $50,000 in satisfaction of all claims for damages, costs and expenses, attorneys’ fees and interest in this action, each side to otherwise bear their own costs and attorneys’ fees. 3. The Court shall retain jurisdiction over this matter to enforce the terms of the Judgment to be entered in accordance with the parties’ Stipulation. 4, In the event of any litigation or proceeding arising under, or to enforce any term of, the parties’ Stipulation or the Judgment on the Complaint to be entered in accordance with the parties’ Stipulation, the prevailing party or parties shall be entitled to recover an award ofits reasonable attorney’s fees and costs. 4 STIPULATION FOR JUDGMENT ON THE COMPLAINT 1239663.1 No 0 1 a N hh A W N N O R RS b m mk be de d bem bem e d fe d ed fe d IT IS SO STIPULATED. DATED: November 2018 DATED: November 2018 a) McGLINCHEY STAFFORD By: SANFORD SHATZ KEVIN S. KIM Attorneys for Defendant NATIONSTAR MORTGAGE LLC NORMINTON, WIITA & FUSTER A Professional Corporation By: "KATHLEEN DORITY FUSTER Attorneys for Plaintiff CANYON VIEW LIMITED dba CANYON VIEW ESTATES 5 STIPULATION FOR JUDGMENT ON THE COMPLAINT 1239663.1 EXHIBIT “2” Jb p t mk ma d fm t fe jem fe d ed e d fe d B N R R R P H E B E R E B S Z S E S E G R E G E R S oo G 0 3 NN Un am W e NORMINTON, WIITA & FUSTER A Profession Corporation THOMAS M. NORMINTON, SBN 57910 KATHLEEN DORITY FUSTER, SBN 119685 433 No. Camden Drive, Suite 770 Beverly Ilills, California 90210-4416 Telephone: (310) 288-5900 Facsimile: (310) 288-5901 office@normintonlaw.com Attorneys for Plaintiff Canyon View Limited, dba Canyon View Estates McGLINCHEY STAFFORD Sanford Shatz (SBN 127229) Kevin 8. Kim (SBN 275200) 18201 Von Karman Avenue, Suite 350 Irvine, California 92612 Telephone: (949) 381-5900 Facsimile: (949) 271-4040 Email: sshatz@mcglinchey.com kkim@mcglinchey.com Attorneys for Defendant NATIONSTAR MORTGAGE LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES CANYON VIEW LIMITED, doing business as CANYON VIEW ESTATES, a limited partnership, Case No.: PC057040 Assigned to the Hon. Melvin D. Sandvig Plaintiff, Dept: F47 v. [Unlimited Jurisdiction] NATIONAL DEFAULT SERVICING [PROPOSED] JUDGMENT ON CORPORATION, a corporation; NATIONSTAR | COMPLAINT PURSUANT TO MORTGAGE, LLC, a limited liability; and DOES | STIPULATION 1 through 20, inclusive, Action Filed: May 03, 2016 Defendants. Trial Date: ~~ November 13, 2018 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: It appearing to the Court that Plaintiff Canyon View Limited, dba Canyon View Estates, (“Plaintiff”) and defendant Nationstar Mortgage LLC (“Nationstar”), having entered into a Stipulation For Judgment on the Verified Complaint alleging claims for (1) quiet title under Cal. Civil Procedure Code section 760.010, (2) declaratory relief under Cal. Civil Procedure Code section 1 [PROPOSED] JUDGMENT ON COMPLAINT PURSUANT TO STIPULATION 1239324.1 oo N S N Wn B W W N e DO D J e d md e d je m es d ed de d fe d je k e d B N E H R E R E E B R R R E E B R Z E R E S SE E S R R B 1060 and Cal. Civil Code section 798.61 of the Mobilehome Residency Law, Cal, Civil Code sections 798.1 ef seq. (“MRL"), (3) removal of cloud on title pursuant to Cal. Civil Code section 3412, and (4) unfair business practices under Cal, Business & Professions Code sections 17200, ef seq. (“Complaint™), And Defendant National Default Servicing Corporation having filed a Declaration of Non- Monetary Interest under Civil Code section 2924/ agreeing to be bound by any non-monetary judgment to be entered by the Court, And good cause appearing therefore, the Court now enters the following Judgment for Plaintiff in this matter: NOW, THEREFORE, IT IS ADJUDGED, ORDERED AND DECREED by the Court that: lL. Since the date plaintiff purchased the manufactured home permanently-installed on Lot 187 in Canyon View Estates bearing Serial No. CA-HKR-01-27-1799A-00-7968-A/B (the “Home”) on May 7, 2009, at the court-ordered sale in accordance with Cal. Civil Code section 798.61(e)(4) of the MRL, Plaintiff has held, and continues to hold, title to the Home in fee, free of any prior interest. 2, The defendants have no right, title, estate, lien or any interest whatsoever in, to or concerning the Home or the lease (“Lease”) for Lot 187 in Canyon View Estates, commonly described as 19983 Northcliff Drive, Santa Clarita, California 91351 (both, the Home and Lease together, the “Property”. 3. Title in fee to the Property, free of any prior interest by defendants, is hereby quieted in Plaintiff. The description of the Property, the title to which is being quieted in Plaintiff by this Judgment, is Lot 187, APN No. 8951-927-187, 19983 Northcliff Drive, Santa Clarita, CA 91351, and the Home affixed to it, bearing Serial No. CA-HK-01-27-1799A-00-7968-A/B, and further legally described in the Complaint as follows: “THAT PORTION OF SECTIONS 17 AND 18, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SANTA CLARITY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, MARCH 28, 1877, AND SHOWN AS LOT 187 ON THE MAP 2 [PROPOSED] JUDGMENT ON COMPLAINT PURSUANT TO STIPULATION 1239324.1 oo 2 a nt RA W N |] no ~ l p fh Ld Jd Jk Jo yi po d Jos h 8 3 & > 2 0 ~ Id = Oo oo ~J ¥ a wn PN Ww = i = FILED IN THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT OF THE STATE OF CALIFORNIA, A COPY OF SAID BEING ATTACHED AS EXHIBITS “A” AND “B” TO DOCUMENT RECORDED JANUARY 29, 1991 AS INSTRUMENT NO. 91-128789. EXCEPT THEREFROM PORTIONS OF SAID LAND, ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN AND UNDER SAID PROPERTY, TOGETHER WITH THE SOLE AND EXCLUSIVE EASEMENTS, AND RIGHTS OF WAY THROUGH THAT PART OF THE SUBSURFACE OF SAID LAND WHICH IS 500 FEET BELOW THE SURFACE THEREOF, FOR THE PURPOSE OF PRODUCING, TAKING, REMOVING, AND DISPOSING SAID SUBSTANCES FROM SAID LAND WITH ALL OTHER RIGHTS NECESSARY OR CONVENIENT FOR OBTAINING ALL OF SUCH SUBSTANCES, EXCLUDING, HOWEVER, ANY RIGHT OF SURFACE ENTRY , AS RESERVED BY C.J. LYONS AND BELM LYONS, HUSBAND AND WIFE, IN DEED RECORDED DECEMBER 8, 2959, IN BOOK D686, PAGE 944, OFFICIAL RECORDS. ALSO EXCEPT THEREFROM, ALL OIL, GAS AND OTHER MINERAL RIGHTS, IN OR UNDER SAID PROPERTY AS RESERVED IN DEED RECORDED APRIL 22, 1955 AS INSTRUMENT NO. 2455, IN BOOK 47567 PAGE 62, OFFICIAL RECORDS. ALSO EXCEPT THEREFROM, ALL EXISTING AND FUTURE IMPROVEMENTS LOCATED THEREON.” 4, The following documents recorded against the Property in the public title records in the Los Angeles county Recorder’s Office are hereby ordered cancelled and withdrawn from Plaintiff's title to the Property: (a) the Assignment of Deed of Trust recorded October 28, 2013, Instrument No, 20131535057 under a deed of trust recorded against the Property on September 1, 2005 as Instrument No. 05 2185511 (the “Deed of Trust”), along with that Deed of Trust; (b) the Notice of Trustee's Sale recorded December 11, 2013, Instrument No. 20131749371; (c) the Corporate Assignment of Deed of Trust recorded December 8, 2014, Instrument No. 2014136497; and (d) the Notice of Rescission of Notice of Default and Election to Sell Under Deed of Trust recorded June 2, 2015, Instrument No. 20150644728 (all, the “Cancelled Documents™). 5 The Parties have the right to cause to be recorded in the public title records in the Los Angeles County Recorder’s Office, a certified copy of this Judgment cancelling and withdrawing the 3 [PROPOSED] JUDGMENT ON COMPLAINT PURSUANT TO STIPULATION 1239324.1 oo 0 Na a nt A W N w Ja d pd md Je d ed pe d a - Cancelled Documents, removing the clouds on Plaintiff’s fee title to the Property, and quieting title in Plaintiff’s favor in and to the Property. 6. After the Judgment is entered on the Complaint in favor of Plaintiff, and in lieu of Plaintiff filing a memorandum of costs or a motion for attorneys’ fees, and upon receipt of a valid IRS Form W-9 from Plaintiff, Nationstar shall pay Plaintiff $50,000 in satisfaction of all claims for damages, costs and expenses, attorneys’ fees and interest in this action, each side to otherwise bear their own costs and attorneys’ fees. 7. IT IS FURTHER ADJUDGED, ORDERED AND DECREED that the Court retains jurisdiction of this cause until the terms of this Judgment have been fully complied with or until further order of the Count, DATED: By: “HON. MELVIN D. SANDVIG JUDGE OF THE SUPERIOR COURT 4 [PROPOSED] JUDGMENT ON COMPLAINT PURSUANT TO STIPULATION 1239324.1 N O N O R N O N m d m e d je ed ed e d Je d L e Na SN Wl R W NN - PROOF OF SERVICE STATE OF CALIFORNIA ) Sr ? S8, COUNTY OF ORANGE ) 1, Carol Rico, declare: I'am employed in the County of Orange, State of California. Tam over the age of 18 and not a party to the within action. My business address is 18201 Von Karman Avenue, Suite 350, Irvine, California 92612. On October 31, 2018, 1 served the docurnent(s) described as DEFENDANT NATIONSTAR MORTGAGE LLCS STATUTORY OFFER TO COMPROMISE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 998 on all interested parties in said action by placing a true copy thereof in a sealed envelope addressed as stated on the ATTACHED SERVICE LIST. 1] BY MAIL: as follows: 1 STATE - | am “readily familiar” with McGlinchey Stafford’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Irvine, California, in the ordinary course of business. Iam aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit, [1 BY CERTIFIED MAIL as follows: I am “readily familiar” with McGlinchey Stafford’s practice for the collection and processing of correspondence for mailing with the United States Postal Service; such envelope will be deposited with the United States Postal Service on the above date in the ordinary course of business at the business address shown above; and such envelope was placed for collection and mailing, by Certified United States Mail, Return Receipt Requested, on the above date according to McGlinchey Stafford’s ordinary business practice. | BY EMAIL SERVICE as follows: By email or electronic transmission; Based on any agreement between the parties and/or as a courtesy, I sent the document(s) to the person(s) at the email address(es) listed on the service list. 1 did ot receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful, 1 BY PERSONAL SERVICE as follows: I caused a copy of such document(s) to be delivered by hand to the offices of the addressee between the hours of 9:00 A.M. and 5:00 P.M. P< BY OVERNIGHT COURIER SERVICE as follows: I caused such envelope to be delivered by overnight courier service to the offices of the addressee. The envelope was deposited in or with a facility regularly maintained by the overnight courier service with delivery fees paid or provided for. d BY FACSIMILE as follows: I caused such documents to be transmitted to the telephone number of the addressee listed on the attached service list, by use of facsimile machine telephone number. The facsimile machine used complied with California Rules of Court, Rule 2004 and no error was reported by the machine. Pursuant to California Rules of Court, Rule 2006(d), a transmission record of the transmission was printed. X] STATE I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on October 31, 2018, at Irvine, California. . Carol Rico 1 PROOF OF SERVICE TARASN 1 w e e 3 a hh A W N N O N O N em jm f m em t mt mk mk md pe ed Thomas M. Norminton, Esq. Kathleen Dority Fuster, Esq. NORMINTON, WHTA & FUSTER A Professional Corp. 433 No. Camden Drive, Suite 770 Beverly Hills, CA 90210-4416 TARAS | SERVICE LIST Los Angeles County Superior Court Case No. PC057040 CANYON VIEW LIMITED, et al. v. NATIONAL DEFAULT SERVICING CORP., et al. File # 105479.0023 2 Attorneys for Plaintiff CANYON VIEW LIMITED, dba CANYON VIEW ESTATES Tel: (310) 288-5900 Fax: (310) 288-5901 Email: office@normintonlaw.com PROOF OF SERVICE EXHIBIT “E” W O I S N t t RR W N nN D o e k fe d p k ml pe d e d p m je k je k e d N R R R R H R E B R E B E S E S a a kr o b = oo McGLINCHEY STAFFORD Sanford Shatz (SBN 127229) Kevin S. Kim (SBN 275200) 18201 Von Karman Avenue, Suite 350 Irvine, California 92612 Telephone: (949) 381-5900 Facsimile: (949) 271-4040 Email: sshatz@mcglinchey.com kkim@mcglinchey.com Attorneys for Defendant NATIONSTAR MORTGAGE LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES CANYON VIEW LIMITED, doing business as Case No.: PC057040 CANYON VIEW ESTATES, a limited partnership, “| Assigned to the Hon. Melvin D. Sandvig Plaintiff, Dept: F47 V. [Unlimited Jurisdiction] NATIONAL DEFAULT SERVICING NOTICE OF ACCEPTANCE OF OFFER CORPORATION, a corporation; NATIONSTAR TO COMPROMISE UNDER CODE OF MORTGAGE, LLC, a limited liability; and DOES | CIVIL PROCEDURE SECTION 998 1 through 20, inclusive, Action Filed: May 03,2016 Defendants. Trial Date: November 13,2018 TO DEFENDANT NATIONSTAR MORTGAGE LLC AND TO ITS ATTORNEYS OF RECORD: Pursuant to Code of Civil Procedure section 998, Plaintiff CANYON VIEW LIMITED, doing business as CANYON VIEW ESTATES, a limited partnership (“Plaintiff”) accepts Defendant Nationstar Mortgage LLC’s (“Nationstar”) offer to have a judgment entered in Plaintiff's favor in this action as set forth it the stipulation attached to the offer to compromise as Exhibit 1 and the i" 1 NOTICE OF ACCEPTANCE OF OFFER TO COMPROMISE UNDER CODE OF CIVIL PROCEDURE SECTION 998 1239693.1 O O Ng a tt BE W N N O O N N R E e ed ed ee d pe d pe l ed ed el e d 2 3 B o BR B8 8 R B R R B 8 8 2 9 3 on 2 a 0 = = [Proposed] Judgment attached to the offer to compromise as Exhibit 2, in satisfaction of all claims for damages, costs and expenses, attorney fees and interest in this action.] DATED: November _, 2018 NORMINTON, WIITA & FUSTER A Professional Corporation By: "KATHLEEN DORITY FUSTER Attorneys for Plaintiff CANYON VIEW LIMITED dba CANYON VIEW ESTATES 2 NOTICE OF ACCEPTANCE OF OFFER TO COMPROMISE UNDER CODE OF CIVIL PROCEDURE SECTION 998 1239693.1 e e 3 a Wn RA W N = R O N B O D Y e m e d e k je mk fe d fe ed fe m e d pe d 2 8 BB 8 BE 8 B R 8 8 2 9 a @& a @ BB = PROOF OF SERVICE STATE OF CALIFORNIA ) ) COUNTY OF ORANGE ) 88. 1, Carol Rico, declare: 1am employed in the County of Orange, State of California. 1am over the age of 18 and not a party to the within action. My business address is 18201 Von Karman Avenue, Suite 350, Irvine, California 92612, On October 31, 2018, I served the document(s) described as NOTICE OF ACCEPTANCE OF OFFER TO COMPROMISE UNDER CODE OF CIVIL PROCEDURE SECTION 998 on all interested parties in said action by placing a true copy thereof in a sealed envelope addressed as stated on the ATTACHED SERVICE LIST. O [1 BY MAIL: as follows: STATE - I am “readily familiar” with McGlinchey Stafford’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Irvine, California, in the ordinary course of business. Iam aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. BY CERTIFIED MAIL as follows: Iam “readily familiar” with McGlinchey Stafford’s practice for the collection and processing of correspondence for mailing with the United States Postal Service; such envelope will be deposited with the United States Postal Service on the above date in the ordinary course of business at the business address shiown above; and such envelope was placed for collection and mailing, by Certified United States Mail, Return Receipt Requested, on the above date according to McGlinchey Stafford’s ordinary business practice. BY EMAIL SERVICE as follows: By email or electronic transmission: Based on any agreement between the parties and/or as a courtesy, I sent the document(s) to the person(s) at the email address(es) listed on the service list. 1did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful, BY PERSONAL SERVICE as follows: 1 caused a copy of such document(s) to be delivered by hand to the offices of the addressee between the hours of 9:00 A.M. and 5:00 P.M. BY OVERNIGHT COURIER SERVICE as follows: | caused such envelope to be delivered by overnight courier service to the offices of the addressee. The envelope was deposited in or with a facility regularly maintained by the overnight courier service with delivery fees paid or provided for. BY FACSIMILE as follows: 1 caused such documents to be transmitted to the telephone number of the addressee listed on the attached setvice list, by use of facsimile machine telephone number, The facsimile machine used complied with California Rules of Court, Rule 2004 and no error was reported by the machine. Pursuant to California Rules of Court, Rule 2006(d), a transmission record of the transmission was printed. STATE I declare under penalty of petjury under the laws of the State of California that the above is true and cotrect. Executed on October 31,2018, at Irvine, California. Loss BL Carol Rico 1 TQRASN 1 PROOF OF SERVICE w o e N a S U r Bm W N ee N O N O N BR j m em je k em em md mt e l ml ed D H E HS B B R N E E S E T © 9 a nn s w N = OS Thomas M. Norminton, Esq. Kathleen Dority Fuster, Esq. NORMINTON, WIITA & FUSTER A Professional Corp. 433 No. Camden Drive, Suite 770 Beverly Hills, CA 90210-4416 79%450 1 SERVICE LIST Los Angeles County Superior Court Case No, PC057040 CANYON VIEW LIMITED, et al. v. NATIONAL DEFAULT SERVICING CORP., et al, File # 105479.0023 2 Attorneys for Plaintiff CANYON VIEW LIMITED, dba CANYON VIEW ESTATES Tel: (310) 288-5900 Fax: (310) 288-5901 Email: office@normintonlaw.com PROOF OF SERVICE EXHIBIT “F” eo 0 J Sa nn RA W N N O N O N em em pe E s e d e k Ee e k e d e d S N 8B 06 E U R R R 2 TC ® 3 a @ ba 8 RR m= McGLINCHEY STAFFORD Sanford Shatz (SBN 127229) Kevin S. Kim (SBN 275200) 18201 Von Karman Avenue, Suite 350 Irvine, California 92612 Telephone: (949) 381-5900 Facsimile: (949) 271-4040 Email: sshatz@mecglinchey.com kkim@mcglinchey.com Attorneys for Defendant NATIONSTAR MORTGAGE LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF 1L.OS ANGELES CANYON VIEW LIMITED, doing business as Case No.: PC057040 CANYON VIEW ESTATES, a limited partnership, Assigned to the Hon. Melvin D. Sandvig Plaintiff, Dept: F47 Vv. [Unlimited Jurisdiction] NATIONAL DEFAULT SERVICING DEFENDANT NATIONSTAR CORPORATION, a corporation; NATIONSTAR MORTGAGE LLC’S STATUTORY OFFER MORTGAGE, LLC, a limited liability; and DOES | TO COMPROMISE PURSUANT TO 1 through 20, inclusive, CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 998 Defendants. Action Filed: May 03, 2016 Trial Date: January 22, 2019 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD IN THIS ACTION: Pursuant to California Code of Civil Procedure section 998, Defendant Nationstar Mortgage LLC ("Defendant") hereby offers to compromise the above-captioned matter now pending in the Los Angeles Superior Court, Case No PC057040 (the "Case"), on the following terms: 1. Plaintiff Canyon View Limited dba Canyon View Estates ("Plaintiff") shall stipulate to the entry of a judgment in Plaintiff's favor on the Complaint (the "Judgment”). A copy of the proposed Stipulation for Judgment is attached as Exhibit 1. 1 DEFENDANT NATION STAR MORTGAGE, LLCS STATUTORY OFFER TO COMPROMISE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 958 1181604.2 S8 0 3 & Un A W N = BD be em pe d ee d je k mb fe d fe d pe d ed 2 83 8 8 R U B R B R R E L E E I A O R G R R 2, Pursuant to the stipulated judgment to be submitted to the Court in compromise, Plaintiff will forego the award of the compensatory damages it seeks against Nationstar, but shall be awarded all of the other relief Plaintiff seeks by the Complaint. A copy of the Proposed Judgment is attached as Exhibit 2. 3 Therefore, Nationstar offers that by the judgment, title to the real property ("Property") located at Lot 187 in Canyon View Estates, including the manufactured home affixed to that lot (the "Home"), shall be quieted in Plaintiff. The judgment shall declare that (1) Nationstar has no right, title, or interest in or to the Property, and (b) Plaintiff obtained title in fee to the Home, free and clear of any prior interests, as of the date Plaintiff purchased the Home in accordance with the abandonment judgment and court ordered sale under Civil Code section 798.61. In addition, the judgment shall declare that the documents identified as the "Documents Clouding Title" in the Verified Complaint are cancelled and removed from the documents recorded with the Los Angeles Recorder's Office against the Property. 4. After the judgment is entered in Plaintiff's favor on the Complaint, in lieu of filing with the court a Memorandum of Costs ("Plaintiff's Costs Memo") or filing a motion for the award of Plaintiff's attorneys’ fees and costs against Nationstar, and upon receipt by Nationstar of a valid IRS Form W-9 from Plaintiff, Nationstar shall pay Plaintiff $70,000.00 in satisfaction of all claims for damages, costs and expenses, attorneys’ fees and interest in this action, each party to otherwise bear its own costs and attorneys’ fees. (See Proposed Judgment attached as Exhibit 2.) 5: Plaintiff shall indicate its acceptance of this offer by signing the statement to that effect set forth below, and by timely returning its signed acceptance to Nationstar’s counsel of record in this action. If Plaintiff accepts this offer, Plaintiff will execute and return to Nationstar’s counsel for filing with the Court the attached Stipulation for Judgment and Proposed Judgment, Exhibits 1 and 2 attached. 6. This offer shall remain open for the period provided in Cal. Code Civ. Proc. § 998, unless it is earlier revoked in writing. 7. If not accepted, and Plaintiff fails to obtain a more favorable judgment, Nationstar will 2 DEFENDANT NATION STAR MORTGAGE, LLC’S STATUTORY OFFER TO COMPROMISE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 998 1181604.2 Bo 8 A S N im hh W N BN O N mm j m em je m je k md e k pe ed ed B E E R R E B R N R B E B E ® E I SE E H B R S seek all remedies permitted under Cal. Code Civ. Proc. § 998, including, without limitation, the recovery of Nationstar’s post-offer costs of the services of its expert witnesses. DATED: January 9, 2019 McGLINCHEY STAFFORD Ving i - s for-Defendant rea MORTGAGE LLC 3 DEFENDANT NATION STAR MORTGAGE, LLC'S STATUTORY OFFER TO COMPROMISE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 998 1181604.2 EXHIBIT 1 O e N S rr Rh W N RY mm pm et je m f m e d md fe d m d Je 2 9 8 8 R R 8 N H B ZS &® 3 a a R & R R B NORMINTON, WIITA & FUSTER A Profession Corporation THOMAS M. NORMINTON, SBN 57910 KATHLEEN DORITY FUSTER, SBN 119685 433 No. Camden Drive, Suite 770 Beverly Hills, California 90210-4416 Telephone: (310) 288-5900 Facsimile: (310) 288-5901 office@normintonlaw.com Attorneys for Plaintiff Canyon View Limited, dba Canyon View Estates McGLINCHEY STAFFORD Sanford Shatz (SBN 127229) Kevin S. Kim (SBN 275200) 18201 Von Karman Avenue, Suite 350 Irvine, California 92612 Telephone: (949) 381-5900 Facsimile: (949) 271-4040 Email: sshatz{@mcglinchey.com Kkim@mcglinchey.com Attomeys for Defendant NATIONSTAR MORTGAGE LLC SUPERIOR COURT-OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES CANYON VIEW LIMITED, doing business as Case No.: PC057040 CANYON VIEW ESTATES, a limited partnership, Assigned to the Hon. Melvin D. Sandvig Plaintiff, Dept: F47 v. [Unlimited Jurisdiction] NATIONAL DEFAULT SERVICING STIPULATION FOR JUDGMENT ON THE CORPORATION, a corporation; NATIONSTAR | COMPLAINT MORTGAGE, LLC, a limited liability; and DOES 1 through 20, inclusive, Dept. F-47 - Chatsworth Courthouse Defendants. Action Filed: May 03, 2016 Trial Date: January 22, 2019 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD IN THIS ACTION: IT IS HEREBY STIPULATED AND AGREED by plaintiff Canyon View Limited (“Plaintiff” or “Canyon View”) and defendant Nationstar Mortgage LLC (“Nationstar™), by and through their respective counsel of record, that judgment may be entered on the Complaint in this 1 STIPULATION FOR JUDGMENT ON THE COMPLAINT 1239663.2 oo 90 N S nn A W N = B Y OD N mk mt je k pe d f d Je d je md pe fe d fe d 2 N E R R E B O R N R E L E I F 0 A E R o m action in Plaintiff’s favor to, among other things, quiet title in and to the real property that is the subject of the Complaint, as set forth in more detail in the concurrently submitted [Proposed] Judgment on the following facts and terms. Canyon View and Nationstar will hereinafter be referred to collectively as the “Parties” or each as “Party”. RECITALS The Parties make this Stipulation for Judgment on the Complaint (“Stipulation”) with respect to the following: A. On May 3, 2016, Plaintiff filed its verified Complaint in this matter in the Los Angeles Superior Court, Case No. PC057040 (the “Complaint™). B. The Complaint alleges against defendants Nationstar, National Default Servicing, Corporation (“National Default”), and defendants named as “all persons unknown claiming any legal or equitable right, title, estate, lien-or-interest in-the property adverse to Plaintiff's title, or any cloud on Plaintiffs title to such Property” (the “Unknown Persons”) (all sometimes collectively “Defendants™) claims for (1) quiet title under Cal. Civil Procedure Code section 760.010, (2) declaratory relief under Cal. Civil Procedure Code section 1060 and Cal. Civil Code 798.61 of the Mobilehome Residency Law, Cal. Civil Code section 798.1 et seq. (“MRL”), (3) removal of cloud on title pursuant to Cal. Civil Code section 3412, and (4) unfair business practices under Cal. Business & Professions Code section 17200, et seq. C. Plaintiff owns and operates Canyon View Estates, a mobilehome park in Santa Clarita (the “Park™). The Complaint alleges that in September 2005, Canyon View, as lessor, entered into a lease (the “Lease™) for Lot 187 in the Park commonly described as 19983 Northcliff Drive, Santa Clarita, with tenants named Victor A. Benvenuto and Jodie L. Benvenuto (the “Benvenutos™), and in return, the Benvenutos agreed to pay Canon View rent, utilities, and other charges all as set forth in the lease. The Home installed on Lot 187 bears Serial No. CA-HK-01-27-1799A-00-7968-A/B. The Lease and Home are referred to collectively herein as the “Property”. D. After the Benvenutos breached the Lease by failing to pay the charges due, and nobody cured the defaults, Canyon View filed an abandonment proceeding in the Los Angeles Superior Court, docketed as Case No. 08303080. The superior court entered an abandonment 2 STIPULATION FOR JUDGMENT ON THE COMPLAINT 1239663.2 Oo 0 N S A i bh W N es p k p m em mh fe d je m pe ek fe d ed pe judgment in Canyon View’s favor in April 2009. Plaintiff purchased the Home at a court-ordered public sale on May 7, 2009, extinguishing prior liens and interests pursuant to MRL section 798.61. A grant deed conveying the Home to Canyon View dated June 17, 2009 was recorded in the Los Angeles County Recorder’s Office on February 23, 2010 as Instrument No. 20100243476. E. Defendants recorded in the Los Angeles County Recorder’s Office against the Property the following documents: (a) an Assignment of Deed of Trust recorded October 28, 2013, Instrument No. 20131535057 (the “Assignment of Deed of Trust”), purporting to assign to Defendant Nationstar “all beneficial interest” under a deed of trust recorded against the Property on September 1, 2005 as Instrument No. 05 2185511 (the “Deed of Trust”); ®) a Notice of Trustees Sale recorded December 11, 2013, Instrument No. 20131749371 (the “Netice-of Trustee’s Sale™); (c) aCorporate Assignment-of Deed of Trust recorded December 8, 2014, Instrument No. 2014136497; (d) aNotice of Rescission of Notice of Default and Election to Sell Under Deed of Trust recorded June 2, 2015, Instrument No. 20150644728 (“Notice of Rescission™) (all four, the “Recorded Documents™). F. On or about June 17, 2016, defendant National Default filed a Declaration of Non- Monetary Status under Civil Code section 29241, agreeing to be bound by any non-monetary judgment to be entered by the Court with respect to the Property. G. By entering into this Stipulation, the Parties desire to have Judgment entered on the Complaint in Plaintiff’s favor, as detailed in the concurrently submitted [Proposed] Judgment, and in order to avoid those additional fees and costs that would be incurred by each side in this matter if it were to be litigated through trial. H. By this Stipulation and the [Proposed] Judgment, Nationstar intends to release any and all clouds, claims, interests, rights or title of any kind whatsoever in or to the Property resulting from the Recorded Documents, or any other document, fact, or circumstance. 3 STIPULATION FOR JUDGMENT ON THE COMPLAINT 1239663.2 Eo 8 I SN U h A W N e - 2 XI B R R E R R R E L E S S89 5&8 a r B R B R = I. The Parties have the authority to enter into this Stipulation, and none of them previously transferred its rights or interests in or to the Property, if any, to any other entity or person, including, without limitation, any of the Unknown Persons named as defendants in the Complaint pursuant to Cal. Code of Civil Procedure section 762.060(a). J. The Parties do not know of the existence of any claims or interests held by any Unknown Persons in or to the Property, or of the identities of any Unknown Persons claiming any rights or interests in or to the Property. STIPULATION FOR JUDGMENT NOW THEREFORE, in accordance with the above Recitals, the Parties hereby further agree and stipulate as follows: 1. Judgment shall be entered on the Complaint in Plaintiff’s favor to quiet title to the Property in Plaintiff, among other things, as detailed in the [Proposed] Judgment concurrently submitted by the Parties to the-Court. 2 After the Judgment is entered on the Complaint in favor of Plaintiff, and in lieu of Plaintiff filing a memorandum of costs or a motion for attorneys’ fees, and upon receipt of a valid IRS Form W-9 from Plaintiff, Nationstar shall pay Plaintiff $50,000 in satisfaction of all claims for damages, costs and expenses, attorneys’ fees and interest in this action, each side to otherwise bear their own costs and attorneys’ fees. 3. The Court shall retain jurisdiction over this matter to enforce the terms of the Judgment to be entered in accordance with the parties’ Stipulation. 4, In the event of any litigation or proceeding arising under, or to enforce any term of, the parties’ Stipulation or the Judgment on the Complaint to be entered in accordance with the parties’ Stipulation, the prevailing party or parties shall be entitled to recover an award of its reasonable attorney’s fees and costs. 4 STIPULATION FOR JUDGMENT ON THE COMPLAINT 1239663.2 OS 0 Na S N h t Ra W N N O N b y em e d e k em e d em p d e l = R N R H E B E R R S E ® 9 8 a r w N = IT IS SO STIPULATED. DATED: January _ , 2019 DATED: January _ , 2019 McGLINCHEY STAFFORD By: SANFORD SHATZ KEVIN S. KIM Attorneys for Defendant NATIONSTAR MORTGAGE LLC NORMINTON, WIITA & FUSTER A Professional Corporation By: “KATHLEEN DORITY FUSTER Attorneys for Plaintiff CANYON VIEW LIMITED dba CANYON VIEW ESTATES 5 STIPULATION FOR JUDGMENT ON THE COMPLAINT 1239663.2 EXHIBIT 2 vo 0 0 a9 SN n t Aa W b N O D em mk pm f m e t mk em e d e k e d 2 8 R 5 8 R R B R B R E B L E ® 3 a E w R = NORMINTON, WIITA & FUSTER A Profession Corporation THOMAS M. NORMINTON, SBN 57910 KATHLEEN DORITY FUSTER, SBN 119685 433 No. Camden Drive, Suite 770 Beverly Hills, California 90210-4416 Telephone: (310) 288-5900 Facsimile: (310) 288-5901 office@norminfoniaw.com Attorneys for Plaintiff Canyon View Limited, dba Canyon View Estates McGLINCHEY STAFFORD Sanford Shatz (SBN 127229) Kevin S. Kim (SBN 275200) 18201 Von Karman Avenue, Suite 350 Irvine, California 92612 Telephone: (949) 381-5900 Facsimile: (949) 271-4040 Email: sshatz@mcglinchey.com kkim@mecglinchey.com Attorneys for Defendant NAFIONSTARMORTGAGE LLC SUPERIOR COURT-OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES CANYON VIEW LIMITED, doing business as Case No.: PC057040 CANYON VIEW ESTATES, a limited partnership, Assigned to the Hon. Melvin D. Sandvig Plaintiff, Dept: F47 Vv. [Unlimited Jurisdiction] NATIONAL DEFAULT SERVICING [PROPOSED] JUDGMENT ON CORPORATION, a corporation; NATIONSTAR COMPLAINT PURSUANT TO MORTGAGE, LLC, a limited liability; and DOES | STIPULATION 1 through 20, inclusive, Action Filed: May 03, 2016 Defendants. Trial Date: January 22, 2019 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: It appearing to the Court that Plaintiff Canyon View Limited, dba Canyon View Estates, (“Plaintiff”) and defendant Nationstar Mortgage LLC (“Nationstar’), having entered into a Stipulation For Judgment on the Verified Complaint alleging claims for (1) quiet title under Cal. Civil Procedure Code section 760.010, (2) declaratory relief under Cal. Civil Procedure Code section 1 [PROPOSED] JUDGMENT ON COMPLAINT PURSUANT TO STIPULATION 1239324.2 O 0 0 N N ie Ra WW N e N O R ew hm hw md md je mi pe d mk em pe d 2 8 2 R E R E E I a a m B = 2 1060 and Cal. Civil Code section 798.61 of the Mobilehome Residency Law, Cal. Civil Code sections 798.1 ef seq. (“MRL”), (3) removal of cloud on title pursuant to Cal. Civil Code section 3412, and (4) unfair business practices under Cal. Business & Professions Code sections 17200, ef seq. (“Complaint”), And Defendant National Default Servicing Corporation having filed a Declaration of Non- Monetary Interest under Civil Code section 2924 agreeing to be bound by any non-monetary judgment to be entered by the Court, And good cause appearing therefore, the Court now enters the following Judgment for Plaintiff in this matter: NOW, THEREFORE, IT IS ADJUDGED, ORDERED AND DECREED by the Court that: 1 Since the date plaintiff purchased the manufactured home permanently-installed on Lot 187 in Canyon View Estates bearing Serial No. CA-HK-01-27-1799A-00-7968-A/B (the “Home™) on May 7, 2009, at the court-ordered sale in accordance with Cal. Civil Code section 798.61(e)(4) of the MRL, Plaintiff has held, and continues to hold, title to the Home in fee, free of any prior interest. 2. The defendants have no right, title, estate, lien or any interest whatsoever in, to or concerning the Home or the lease (“Lease”) for Lot 187 in Canyon View Estates, commonly described as 19983 Northcliff Drive, Santa Clarita, California 91351 (both, the Home and Lease together, the “Property™). 3 Title in fee to the Property, free of any prior interest by defendants, is hereby quieted in Plaintiff. The description of the Property, the title to which is being quieted in Plaintiff by this Judgment, is Lot 187, APN No. 8951-927-187, 19983 Northcliff Drive, Santa Clarita, CA 91351, and the Home affixed to it, bearing Serial No. CA-HK-01-27-1799A-00-7968-A/B, and further legally described in the Complaint as follows: “THAT PORTION OF SECTIONS 17 AND 18, TOWNSHIP 4 NORTH, RANGE 15 WEST, SAN BERNARDINO MERIDIAN, IN THE CITY OF SANTA CLARITY, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, ACCORDING TO THE OFFICIAL PLAT OF SAID LAND FILED IN THE DISTRICT LAND OFFICE, MARCH 28, 1877, AND SHOWN AS LOT 187 ON THE MAP 2 [PROPOSED] JUDGMENT ON COMPLAINT PURSUANT TO STIPULATION 1239324.2 No 00 N N n t A W R N DN O B Em pm pm je m f k ed fe d e k R R R E R B R I N R E R S Z I R E E E R E A E S FILED IN THE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT OF THE STATE OF CALIFORNIA, A COPY OF SAID BEING ATTACHED AS EXHIBITS “A” AND “B” TO DOCUMENT RECORDED JANUARY 29, 1991 AS INSTRUMENT NO. 91-128789. EXCEPT THEREFROM PORTIONS OF SAID LAND, ALL OIL, GAS AND OTHER HYDROCARBON SUBSTANCES AND MINERALS IN AND UNDER SAID PROPERTY, TOGETHER WITH THE SOLE AND EXCLUSIVE EASEMENTS, AND RIGHTS OF WAY THROUGH THAT PART OF THE SUBSURFACE OF SAID LAND WHICH IS 500 FEET BELOW THE SURFACE THEREOF, FOR THE PURPOSE OF PRODUCING, TAKING, REMOVING, AND DISPOSING SAID SUBSTANCES FROM SAID LAND WITH ALL OTHER RIGHTS NECESSARY OR CONVENIENT FOR OBTAINING ALL OF SUCH SUBSTANCES, EXCLUDING, HOWEVER, ANY RIGHT OF SURFACE ENTRY, AS RESERVED BY C.J. LYONS AND BELM LYONS, HUSBAND AND WIFE, IN DEED RECORDED DECEMBER 8, 2959, IN BOOK D686, PAGE 944, OFFICIAL RECORDS. ALSO EXCEPT THEREFROM, ALL OIL, GAS AND OTHER MINERAL RIGHTS, IN OR UNDER SAID PROPERTY AS RESERVED IN DEED RECORDED APRIL 22, 1955 AS INSTRUMENT NO. 2455, IN BOOK 47567 PAGE 62, OFFICIAL RECORDS. ALSO EXCEPT THEREFROM, ALL EXISTING AND FUTURE IMPROVEMENTS LOCATED THEREON.” 4. The following documents recorded against the Property in the public title records in the Los Angeles county Recorder’s Office are hereby ordered cancelled and withdrawn from Plaintiff's title to the Property: (2) the Assignment of Deed of Trust recorded October 28, 2013, Instrument No. 20131535057 under a deed of trust recorded against the Property on September 1, 2005 as Instrument No. 05 2185511 (the “Deed of Trust”), along with that Deed of Trust; (b) the Notice of Trustee’s Sale recorded December 11, 2013, Instrument No. 20131749371; (c) the Corporate Assignment of Deed of Trust recorded December 8, 2014, Instrument No. 2014136497, and (d) the Notice of Rescission of Notice of Default and Election to Sell Under Deed of Trust recorded June 2, 2015, Instrument No. 20150644728 (all, the “Cancelled Documents™). 5. The Parties have the right to cause to be recorded in the public title records in the Los Angeles County Recorder’s Office, a certified copy of this Judgment cancelling and withdrawing the 3 [PROPOSED] JUDGMENT ON COMPLAINT PURSUANT TO STIPULATION 12393242 O W N S bs WR DN b m pe d p k e s be d je m em fe m e k ek E R B E R R E B N B R E R E B E 2 S E G R L R E E S Cancelled Documents, removing the clouds on Plaintiff's fee title to the Property, and quieting title in Plaintiff's favor in and to the Property. 6. After the Judgment is entered on the Complaint in favor of Plaintiff, and in lieu of Plaintiff filing a memorandum of costs or a motion for attorneys’ fees, and upon receipt of a valid IRS Form W-9 from Plaintiff, Nationstar shall pay Plaintiff $50,000 in satisfaction of all claims for damages, costs and expenses, attorneys’ fees and interest in this action, each side to otherwise bear their own costs and attorneys’ fees. 7. IT IS FURTHER ADJUDGED, ORDERED AND DECREED that the Court retains jurisdiction of this cause until the terms of this Judgment have been fully cornplied with or until further order of the Court. DATED: Bf "TION, MELVIN D. SANDVIG JUDGE OF THE SUPERIOR COURT 4 [PROPOSED] JUDGMENT ON COMPLAINT PURSUANT TO STIPULATION 1239324. e ® S N n h RA W N B O M BY em Em em mk ml pe be d em pe pe PROOF OF SERVICE STATE OF CALIFORNIA ) COUNTY OF ORANGE §8. u r ? 1, Carol Rico, declare: I'am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action. My business address is 18201 Von Karman Avenue, Suite 350, Irvine, California 92612. On January 9, 2019, I served the document(s) described as DEFENDANT NATIONSTAR MORTGAGE LLC’S STATUTORY OFFER TO COMPROMISE PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 998 on all interested parties in said action by placing a true copy thereof in a sealed envelope addressed as stated on the ATTACHED SERVICE LIST. O Od TARARN 1 BY MAIL: as follows: STATE - ] am “readily familiar” with McGlinchey Stafford’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid at Irvine, California, in the ordinary course of business. [am aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day after date of deposit for mailing in affidavit. BY CERTIFIED MAIL as follows: 1 am “readily familiar” with McGlinchey Stafford’s practice for the collection and processing of correspondence for mailing with the United States Postal Service; such envelope will be deposited with the United States Postal Service on the above date in the ordinary course of business at the business address shown above; and such envelope was placed for collection and mailing, by Certified United States Mail, Return Receipt Requested, on the above date according to McGlinchey Stafford’s ordinary business practice. BY EMAIL SERVICE as follows: By email or electronic transmission: Based on any agreement between the parties and/or as a courtesy, I sent the document(s) to the person(s) at the email address(es) listed on the service list. Idid not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. BY PERSONAL SERVICE as follows: I caused a copy of such document(s) to be delivered by hand to the offices of the addressee between the hours of 9:00 A.M. and 5:00 P.M. BY OVERNIGHT COURIER SERVICE as follows: I caused such envelope to be delivered by overnight courier service to the offices of the addressee. The envelope was deposited in or with a facility regularly maintained by the overnight courier service with delivery fees paid or provided for. BY FACSIMILE as follows: I caused such documents to be transmitted to the telephone number of the addressee listed on the attached service list, by use of facsimile machine telephone number. The facsimile machine used complied with California Rules of Court, Rule 2004 and no error was reported by the machine. Pursuant to California Rules of Court, Rule 2006(d), a transmission record of the transmission was printed. STATE I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on January 9, 2019, at Irvine, California. FT] Carol Rico 1 PROOF OF SERVICE eo 00 1 A r h W N me d md md ed ed fe d fe d ed 2 N N BR R B R R R E B Z IFT a a ir 2 a b B 3 2 Thomas M. Norminton, Esq. Kathleen Dority Fuster, Esq. NORMINTON, WIITA & FUSTER A Professional Corp. 433 No. Camden Drive, Suite 770 Beverly Hills, CA 90210-4416 TARAS 1 SERVICE LIST Los Angeles County Superior Court Case No. PC057040 CANYON VIEW LIMITED, et al. v. NATIONAL DEFAULT SERVICING CORP. et al. File # 105479.0023 2 Attorneys for Plaintiff CANYON VIEW LIMITED, dba CANYON VIEW ESTATES Tel: (310) 288-5900 Fax: (310) 288-5901 Email: office@normintonlaw.com PROOF OF SERVICE EXHIBIT “G” v O J S N nt Rh W N BN be d ee k jm je m mk ed f d f m md McGLINCHEY STAFFORD Sanford Shatz (SBN 127229) Kevin S. Kim (SBN 275200) 18201 Von Karman Avenue, Suite 350 Irvine, California 92612 Telephone: (949) 381-5900 Facsimile: (949) 271-4040 Email: sshatz@mcglinchey.com kkim@mecglinchey.com Attorneys for Defendant NATIONSTAR MORTGAGE LLC SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES CANYON VIEW LIMITED, doing business as Case No.: PC057040 CANYON VIEW ESTATES, a limited partnership, -Assigned to the Hon. Melvin D. Sandvig Plaintiff, V. NATIONAL DEFAULT SERVICING CORPORATION, a corporation; NATIONSTAR. MORTGAGE, LLC, a limited liability; and DOES Dept: F47 {Unlimited Jurisdiction] NOTICE OF ACCEPTANCE OF OFFER TO COMPROMISE UNDER CODE OF CIVIL PROCEDURE SECTION 998 1 through 20, inclusive, Action Filed: May 03, 2016 Defendants, Trial Date: ~~ January 22, 2019 TO DEFENDANT NATIONSTAR MORTGAGE LLC AND TO ITS ATTORNEYS OF RECORD: Pursuant to Code of Civil Procedure section 998, Plaintiff CANYON VIEW LIMITED, doing business as CANYON VIEW ESTATES, a limited partnership (“Plaintiff”) accepts Defendant Nationstar Mortgage LLC’s (“Nationstar”) offer to have a judgment entered in Plaintiff's favor in this action as set forth it the stipulation attached to the offer to compromise as Exhibit 1 and the 1 1 NOTICE OF ACCEPTANCE OF OFFER TO COMPROMISE UNDER CODE OF CIVIL PROCEDURE SECTION 998 12396932 B W N e oe 0 a3 S N Wn 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 [Proposed] Judgment attached to the offer to compromise as Exhibit 2, in satisfaction of all claims for damages, costs and expenses, attorney fees and interest in this action.] DATED: January_ , 2019 NORMINTON, WIITA & FUSTER A Professional Corporation By: "KATHLEEN DORITY FUSTER Attorneys for Plaintiff CANYON VIEW LIMITED dba CANYON VIEW ESTATES 2 NOTICE OF ACCEPTANCE OF OFFER TO COMPROMISE UNDER CODE OF CIVIL PROCEDURE SECTION 998 1239693.2 a 0 3 A n n be W N DN p m p m me md e d pe d me h fe d ee d ed 8 9 B B 8 PE U8 B R E E E Z = 3 a Hh 2 a 8 m 83 STATE OF CALIFORNIA COUNTY OF ORANGE PROOF OF SERVICE Ss. wn t mv ’ 1, Carol Rico, declare: 1 am employed in the County of Orange, State of California. I am over the age of 18 and not a party to the within action. My business address is 18201 Von Karman Avenue, Suite 350, Irvine, California 92612, On January 9, 2019, I served the document(s) described as NOTICE OF ACCEPTANCE OF OFFER TO COMPROMISE UNDER CODE OF CIVIL PROCEDURE SECTION 998 on all interested parties in said action by placing a true copy thereof in a sealed envelope addressed as stated on the ATTACHED SERVICE LIST. O O TORASO BY MAIL: as follows: STATE -1 am “readily familiar” with McGlinchey Stafford’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the U.S, Postal Service on that same day with postage thereon fully prepaid at Irvine, California, in the ordinary course of business. Iam aware that on motion of party served, service is presumed invalid if postal cancellation date or postage meter date is more than one (1) day afer date of deposit for mailing in affidavit. BY CERTIFIED MAIL as follows: Iam “readily familiar” with McGlinchey Stafford’s practice for the collection and processing of correspondence for mailing with the United States Postal Service: such envelope will be deposited with the United States Postal Service on the above date in the ordinary course of business at the business address shown above; and such envelope was placed for collection and mailing, by Certified United States Mail, Return Receipt Requested, on the above date according to McGlinchey Stafford’s ordinary business practice. BY EMAIL SERVICE as follows: By email or electronic transmission: Based on any agreement between the parties and/or as a courtesy, I sent the document(s) to the person(s) at the email address(es) listed on the service list. I did not receive, within a reasonable time after the transmission, any electronic message or other indication that the transmission was unsuccessful. BY PERSONAL SERVICE as follows: 1 caused a copy of such document(s) to be delivered by hand to the offices of the addressee between the hours of 9:00 A.M. and 5:00 P.M. BY OVERNIGHT COURIER SERVICE as follows: I caused such envelope to be delivered by overnight courier service to the offices of the addressee. The envelope was deposited in or with a facility regularly maintained by the overnight courier service with delivery fees paid or provided for. BY FACSIMILE as follows: I caused such documents to be transmitted to the telephone number of the addressee listed on the attached service list, by use of facsimile machine telephone number. The facsimile machine used complied with California Rules of Court, Rule 2004 and no error was reported by the machine. Pursuant to California Rules of Court, Rule 2006(d), a transmission record of the transmission was printed. STATE 1 declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on January 9, 2019, at Irvine, California. Ae JY Carol Rico 1 PROOF OF SERVICE V O R a a A W N MN RN Fm Em Em pe d em p k je | S 3 B H R B R R R E E B E Z Z R E S L R E B Thomas M. Norminton, Esq. Kathleen Dority Fuster, Esq. NORMINTON, WIITA & FUSTER A Professional Corp. 433 No. Camden Drive, Suite 770 Beverly Hills, CA 90210-4416 TARASN 1 SERVICE LIST Los Angeles County Superior Court Case No. PC057040 CANYON VIEW LIMITED, et al, v. NATIONAL DEFAULT SERVICING CORP., et al. File # 105479.0023 2 Attorneys for Plaintiff CANYON VIEW LIMITED, dba CANYON VIEW ESTATES Tel: (310) 288-5900 Fax: (310) 288-5901 Email: office@normintonlaw.com PROOF OF SERVICE
