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TIMOTHY L. MCCANDLESS, ESQ. SBN 147715 LAW OFFICES OF TIMOTHY L. MCCANDLESS 1881 Business Center Drive, Ste 9A San Bernardino, California 92408 (909) 890-9192 Telephone (909) 382-9956 Facsimile Attorney for DefendantJoe Frank Funches SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES PASADENA BRANCH DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE FOR THE REGISTERED HOLDERS OF GSAMP TRUST 2006-NC2, MORTGAGE PASSTHROUGH CERTIFICATES, SERIES 2006-NC2 Plaintiff, v. JOE FRANK FUNCHES and Does 1 Through 10, Inclusive Defendants, Case No.: 11U00087 DEFENDANTS EVIDENTIARY OBJECTIONS DATE: May 26, 2011 Time: 8:30 a.m. Dept.: A [Filed concurrently with Evidentiary Objection to the Declaration of Jana Wilhelmi in Support of Opposition to Motion For Summary Judgment and Opposition to Motion for Summary Judgment]

Defendant Joe Frank Funches respectfully submits his Evidentiary Objection to the Declaration of Jana Wilhelmi filed in support of Plaintiffs Motion for Summary Judgment as follows:

DECLARATION OF JANA WILHELMI 1. I am a Trustee Sale Offices at Fidelity

EVIDENTIARY OBJECTIONS 1. Objection. Affiant makes statements

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National Title Company, the trustee of real property located at 2790 Lincoln Avenue, Altadena, CA 91101.

regarding documents and events for which that affiant in fact has personal knowledge as alleged. Hearsay. Lack of proper foundation. The fact that an affiant is the custodian of records does confer personal knowledge of the specific knowledge of the specific documents in issue. 2. Objection. Lack of proper foundation.

record that conducted the foreclosure of the no evidentiary foundation has been laid

2. .I have access to and personal file related to the premises I have personally reviewed the foreclosure records as they relate to the real property. 3. Fidelity was retained to commence foreclosure proceedings concerning a Deed of Trust executed by Joe Frank Funches.

knowledge of the computerized foreclosure Hearsay.

3. Objection. Hearsay. Lack of proper foundation. Plaintiff cannot establish ownership of this property because at the time the Notice of Default was filed, the assignment of Deed of Trust to Deutsche was not recorded yet. Plaintiff never had the power of sale to proceed under Civil Code Section 2924. 4. Objection. Hearsay. Lack of proper foundation. States an improper legal conclusion as to the status of defendants loan. 5. Objection. Because Plaintiff was not the lawful owner of the property pursuant to Civil Code Section 2923.5. Plaintiff did not have the power of sale and therefore could not proceed under Civil Code section

4. Fidelitys record reflect that on July 9, 2008, a Notice of Defaultwas executed by Fidelity.The Notice of Default states that, as of July 7, 2008, the defendant default totaled $30,804.59. 5. Fidelitys records reflect that on August 18, 2010, a Notice of Trustee Sale was executed by Fidelity.

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6. Fidelitys records reflect that the trustees sale was postponed two times between the initial sale date of September 13, 2010 and the date the sale was completed on November 15, 2010.

2924. 6. Objection. Because Plaintiff was not the lawful owner of the property pursuant to Civil Code Section 2923.5. Plaintiff did not have the power of sale and therefore could not proceed under Civil Code section

2924. 7. Fidelitys record reflect that all statutory 7. Objection. Hearsay. Lack of mailing, posting and publishing requirements were completed prior to the date of the scheduled sale in compliance with California Civil Code Section 2924.
Dated: May 23, 2011

Foundation. Deutsche Bank was not the owner of record prior to the foreclosure, as such the action to proceed pursuant to Civil Code Section 1161a, was not lawful.

LAW OFFICES OF TIMOTHY MCCANDLESS ESQ.

_____________________________________ Timothy L. McCandless, Esq., Attorney for Defendant JOE FUNCHES

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Proof of Service I, Diane Von Tassel, declare: I am a citizen of the United States and I am employed in the County of San Bernardino, State of California; I am over the age of 18 years and not a party to this action; my business address is 1881 Business Center Drive, Ste. 9A, San Bernardino, CA 92408. On May 25, 2011 I served the foregoing document(s) described: EVIDENTIARY OBJECTIONS Which were served upon: Attorney for Plaintiff: Chris C. Chapman Houser & Allison, APC 9970 Research Drive Irvine, CA 92618 Tel: 949/679-1111 Fax: 949/679-1112 ccchapman@house-law.com [ ] BY PERSONAL SERVICE. I personally delivered the documents to the persons at the address(s) listed above. (1) For a party represented by an attorney, delivery was made to the attorney or at the attorney's office by leaving the documents, in an envelope or package clearly labeled to identify the attorney being served, with a receptionist or an individual in charge of the office, between the hours of nine in the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving the documents at the party's residence with some person not younger than 18 years of age between the hours of eight in the morning and six in the evening. [ ] BY UNITED STATES MAIL. I enclosed the documents in a sealed envelope or package addressed to the person(s) above. [ ] deposited the sealed envelope with the United States Postal Service, with the postage fully prepaid. [ ] placed the envelope for collection and mailing, following our ordinary business practices. I am readily familiar with this business's practice for collecting and processing correspondence for

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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. [ ] BY CERTIFIED MAIL, RETURN RECEIPT REQUESTED. I enclosed the documents in a sealed envelope or package addressed to the person(s) above. I deposited these papers with the United States Postal Service, in a sealed envelope with postage fully prepaid. I am a resident of or employed in the county where the notice was mailed. I used certified mail and requested a return receipt. [ xx ] BY FAX TRANSMISSION. Based on an agreement of the parties to accept service by fax transmission, I faxed the documents to the person(s) at the fax numbers listed above. 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. [ ] BY OVERNIGHT DELIVERY. I deposited such envelope for collection and delivery by ____ FEDERAL EXPRESS ___ ON TRAC ____ UPS with delivery fees paid or provided for in accordance with ordinary ____ UPS . business practices. I am readily familiar with the firms practice of collection and processing packages for overnight delivery by ____ FEDERAL EXPRESS ___ ON TRAC ___ ON TRAC They are deposited with a facility regularly maintained by ____ FEDERAL EXPRESS ____ UPS for receipt on the same day in the ordinary course of business.

I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on May 25, 2011 at San Bernardino, California.

Diane Von Tassel

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