holding that California Civil Code 2923.5 declarations do not need to be signed under penalty of perjury and rejecting arguments based on California Civil Procedure Code § 2015.5 to the contrarySummary of this case from Miller v. Wholesale Am. Mortg., Inc.
June 2, 2010.
Appeal from the Superior Court of Orange County, No. 30-2009-003090696, David C. Velazquez, Judge.
Law Offices of Moses S. Hall and Moses S. Hall for Petitioners.
No appearance for Respondent.
Akerman Senterfitt, Justin D. Balser and Donald M. Scotten for Real Party in Interest Aurora Loan Services.
McCarthy Holthus, Matthew Podmenik, Charles E. Bell and Melissa Robbins Coutts for Real Party in Interest Quality Loan Service Corporation.
Bryan Cave, Douglas E. Winter, Christopher L. Dueringer, Sean D. Muntz and Kamao C. Shaw for Bank of America and BAC Home Loans Servicing as Amici Curiae on behalf of Real Parties in Interest.
Wright, Finlay Zak, Thomas Robert Finlay and Jennifer A. Johnson for United Trustee's Association and California Mortgage Association as Amici Curiae on behalf of Real Parties in Interest.
Leland Chan for California Bankers Association as Amicus Curiae on behalf of Real Parties in Interest.