0069/2997454.2 15 NOTICE OF MOTION AND MOTION TO DISMISS SECOND AMENDED COMPLAINT MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF Melendrez v. D&I Investment, Inc., 127 Cal.App.4th 1238, 1258 (2005); see also Cal. Evid. Code §600, §601. Where the presumption of validity is rebuttable, the “presumption may only be rebutted by substantial evidence of prejudicial procedural irregularity…It is the burden of the party challenging the trustee's sale to prove such irregularity and thereby overcome the presumption of the sale's regularity.”

Moreover, under California evidencerules, an inference is not reasonably drawn from factif it is based only on speculation. (See Cal. Evidence Code § 600(b); and People v. Raley (1992) 2 Cal.4th 870, 891). Respondent next argues that the mannerofkilling - twenty-eight (28) stab wounds - demonstrates “willful premeditation.”