Kevin Sheehan APPEAL NOTICE 3 FEB 12 With Trial Court Orders, NH Supreme Court 2012-81
Notice to Appear for Trial 8-5-10
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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TIMOTHY L. MCCANDLESS, ESQ. SBN 147715 LAW OFFICES OF TIMOTHY L. MCCANDLESS 1881 Business Center Drive San Bernardino, CA (909) 890-9192 Telephone (909) 382-9956 Facsimile Attorney for Defendant ANTHONY J. MARTIN SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF STANISLAUS U.S. BANK NATIONAL ASSOCIATION, as successor in interest to the Federal Deposit Insurance Corporation Including Any Assignors or Successors In Interest, Plaintiff, vs. ANTHONY J. MARTIN and DOES 1 through 50 inclusive, Defendants. Case No.: 645068 DEFENDANT’S NOTICE TO PLAINTIFF TO APPEAR AT TRIAL [CCP §1987(b)] DATE: August 5, 2010 TIME: 8:30 a.m. DEPT: 22 1 _____________________________________________________________________________________ NOTICE TO APPEAR
Transcript of Notice to Appear for Trial 8-5-10
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TIMOTHY L. MCCANDLESS, ESQ. SBN 147715LAW OFFICES OF TIMOTHY L. MCCANDLESS1881 Business Center DriveSan Bernardino, CA
(909) 890-9192 Telephone(909) 382-9956 Facsimile
Attorney for Defendant ANTHONY J. MARTIN
SUPERIOR COURT OF THE STATE OF CALIFORNIA
IN AND FOR THE COUNTY OF STANISLAUS
U.S. BANK NATIONAL ASSOCIATION, as successor in interest to the Federal Deposit Insurance Corporation Including Any Assignors or Successors In Interest,
Plaintiff,
vs.
ANTHONY J. MARTIN and DOES 1 through 50 inclusive,
Defendants.
Case No.: 645068
DEFENDANT’S NOTICE TO PLAINTIFF TO APPEAR AT TRIAL [CCP §1987(b)]
DATE: August 5, 2010TIME: 8:30 a.m.DEPT: 22
TO THE COURT, ALL PARTIES HEREIN, AND THEIR
ATTORNEYS OF RECORD:
Defendant ANTHONY J. MARTIN hereby request that Plaintiff U.S. BANK
NATIONAL ASSOCIATION etc. produce its agent or person most knowledgeable, or
Custodian of Records, as a witness to the trial in the above-captioned court in
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NOTICE TO APPEAR
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Department 22 of on August 5, 2010, at 8:30 AM. The court is located at 80110th
Street, 4th Floor, Modesto, California.
The request is made pursuant to California Code of Civil Procedure,
subsection 1987(b).
Respectfully submitted,
DATED: July 26, 2010 __________________________
THE LAW OFFICES OF TIMOTHY MCCANDLESS
By: Timothy McCandless, Attorney for DefendantsANTHONY J. MARTIN
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NOTICE TO APPEAR
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DOCUMENTS REQUESTED TO BE PRODUCED AT TRIAL
REQUEST FOR PRODUCTION NO. 1:
All documents which establish that YOU were the legal, beneficial or equitable owner,
and/or mortgagee, trustee, beneficiary or authorized agent of the promissory note and/or Deed of
Trust as mandated that is the subject of this action at the time of the non-judicial foreclosure of
the Subject Property on February 23, 2006.
REQUEST FOR PRODUCTION NO. 2:
All documents that establish YOUR standing to foreclose on the Subject Property,
including but not limited to:
A. Copies of all contracts, documents, agreements and other disclosure forms,
written communications, notes, memoranda and records concerning the note and mortgage that
are the subject of this action, including attorney fee contracts.
B. Copies of all receipts for payments made by or to and/or received by YOU
concerning the note and mortgage that are the subject of this action.
REQUEST FOR PRODUCTION NO. 3:All assignments, transfers, allonge, or other documents evidencing a transfer, sale or
assignment of Defendant’s note, deed of trust, monetary instrument or other document that
secured payment by Defendant of the loan at issue in this matter from the inception of the
mortgage loan to the present date.
REQUEST FOR PRODUCTION NO. 4:
All electronic transfers, assignments and sales of Defendant’s note/asset, mortgage, deed
of trust or other security instrument.
REQUEST FOR PRODUCTION NO. 5:
All original and intervening Assignments showing a complete chain of assignments from
the originator to the person assigning the deed of trust and note to YOU.
REQUEST FOR PRODUCTION NO. 6:
All original and intervening receipts of delivery and acceptance of each note showing a
complete chain of such receipts from the originator to the person accepting the document for
YOU.
//
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NOTICE TO APPEAR
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REQUEST FOR PRODUCTION NO. 7:
All original and intervening endorsements showing a complete chain of endorsements
from the originator to the person endorsing Defendant’ note to YOU.
REQUEST FOR PRODUCTION NO. 8:
All documents which relate to, refer to or evidence any and all electronic transfers, assignments
and sales of the note or asset, mortgage, deed of trust or other security instrument. If none, state
“none”.
REQUEST FOR PRODUCTION NO. 9:
All documents (including all computer or digital media-stored data) relating to Defendant, the
Subject Property, and the subject transaction and/or account, or which are indexed, filed or
retrievable under his name or any number, symbol, designation or code (such as a transaction
number or Social Security number) assigned to him or to the subject transaction(s), including but
not limited to all documents relating to the origination, approval, disbursement, assignment and
administration of the loan(s), all agreements, and all correspondence related to the subject
transaction.
REQUEST FOR PRODUCTION NO. 10:
All documents relating or referring to YOUR policy and practice relating to the origination,
approval or underwriting, preparation, disbursement and acceptance of assignment of a
residential mortgage loan such as the subject transaction(s), including but not limited to all
agreements with brokers, lenders, title companies, assignors, etc.; all documents relating to or
reflecting such policy, practices and agreements, including all documentation required to be in
assigned account files; and all instructions, policy and procedure manuals, memoranda and
guidelines given to brokers, title companies, lenders, closing agents, and/or any persons who
review account files for approval and/or acceptance of assignment.
REQUEST FOR PRODUCTION NO. 11:
All correspondence by and between YOU and any Defendants to this action with regard
to the subject mortgage loan.
REQUEST FOR PRODUCTION NO. 12:
All sales contracts, servicing agreements, assignments, allonges, transfers,
indemnification agreements, recourse agreements and any agreement related to this account from
the inception of this account to the present date.
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NOTICE TO APPEAR
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REQUEST FOR PRODUCTION NO. 13:
The outside and inside front and back of the file folder for Defendant’s loan account.
REQUEST FOR PRODUCTION NO. 14:
The entire loan file related to Defendant’s loan for the Subject Property.
REQUEST FOR PRODUCTION NO. 15:
All account servicing transaction records, ledgers, registers and similar items detailing
how Defendant’s account has been serviced from the inception of the account to the present date.
If none, state “none”.
REQUEST FOR PRODUCTION NO. 16:
Each and every canceled check, money order, draft, debit or credit notice issued to any
servicers of Defendant’s account for payment of any monthly payment, other payment, escrow
charge, fee or expense on the account. If none, state “none”.
REQUEST FOR PRODUCTION NO. 17:
All account servicing records, payment payoffs, payoff calculations, ARM audits, interest
rate adjustments, payments records, transaction histories, account histories, accounting records,
ledgers, and documents that relate to the accounting of Defendants’ account from the inception
of the account to the present date. If none, state “none”.
REQUEST FOR PRODUCTION NO. 18:
All descriptions and legends of all Codes used in YOUR mortgage servicing and
accounting system so as to enable the examiners and auditors and experts retained to audit and
review this mortgage account to properly carry on their work. If none, state “none”.
Dated: July 26, 2010 LAW OFFICES OF TIMOTHY MCCANDLESS ESQ.
_____________________________________Timothy L. McCandless, Esq.,
Attorney for DefendantsANTHONY J. MARTIN
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NOTICE TO APPEAR
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PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF RIVERSIDE
I am over the age of 18 and not a party to this action. My business address is 1881 Business Center Drive, Ste 9A, San Bernardino, CA 92408, which is located in the county where the mailing described took place.
On April 11, 2023, I served the foregoing document(s) described: DEFENDANT’S NOTICE TO APPEAR AT TRIAL which were served upon:
ATTORNEYS FOR U.S. BANK
John E. Bouzane, Esq.Law Offices of John E. Bouzane634 Oak CourtSan Bernardino, CA 92410
In the following manner of service:
[ xx ] 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.
(State) XXXX I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
(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.
__xxxx BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to the addressee(s) above.
________________________________TIMOTHY L. MCCANDLESS
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NOTICE TO APPEAR
