Free Renotice motion hearing - District Court of California - California

Case 4:08-cv-02898-CW

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Filed 07/02/2008

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MICHAEL J. VEILUVA (SBN 100419) DARRELL C. MARTIN (SBN 191773) ALBORG, VEILUVA & EPSTEIN LLP 200 Pringle Avenue, Suite 410 Walnut Creek, CA 94596 Tel: 925-939-9880 Fax: 925-939-9915 Attorneys for Defendants MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ALBORG, VEILUVA & EPSTEIN, LLP and GENPACT MORTGAGE SERVICES

UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 KENNETH BARKER and LOIS ANNE BARKER, Plaintiffs, Case No. 4:08-cv-02898-CW

MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ALBORG, VEILUVA & EPSTEIN, LLP, vs. AND GENPACT MORTGAGE SERVICES' AMENDED NOTICE OF DEFAULT RESOLUTION NETWORK; MOTION TO DISMISS KENNETH FIDELITY NATIONAL TITLE; MORTGAGE BARKER AND LOIS ANNE BARKER'S ELECTRONIC REGISTRATION SYSTEMS, COMPLAINT INC.; ALBORG, VEILUVA & EPSTEIN; [Fed. R. Civ. P. 12(b)(6)] TITLE COURT SERVICES, INC.; GENPACT MORTGAGE SERVICES; and DOES 1 Date: August 7, 2008 through 50, inclusive, Time: 2:00 p.m. Dept.: 2 Defendants. Judge: The Hon. Judge Claudia Wilken Complaint Filed: June 10, 2008 TO ALL PARTIES AND TO THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on August 7, 2008 at 2:00 p.m. or as soon thereafter as the matter may be heard in Courtroom 2 of the above-captioned Court, located at 1301 Clay Street, Oakland, California 94612-5212, before the Honorable Judge Claudia Wilken, defendants ALBORG, VEILUVA & EPSTEIN, LLP ("AVE"), MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ("MERS"), and GENPACT MORTGAGE SERVICES ("Genpact") (collectively the "Alborg Defendants") will move, and hereby do move, this Court for an order dismissing plaintiffs KENNETH BARKER and LOIS ANNE BARKER's
1 192200.pldg.Amended Ntc of Motion to Dismiss.dcm.doc AMENDED NOTICE OF MOTION TO DISMISS COMPLAINT

Case 4:08-cv-02898-CW

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(collectively the "Plaintiffs'") complaint against the Alborg Defendants on the grounds that the complaint fails to allege facts sufficient to state any cognizable claim upon which relief can be granted (Fed. R. Civ. P. 12(b)(6)). Dated: July 2, 2008 ALBORG, VEILUVA & EPSTEIN /s/ Michael J. Veiluva By: ______________________________________ MICHAEL J. VEILUVA DARRELL C. MARTIN Attorneys for Defendants MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ALBORG, VEILUVA & EPSTEIN, LLP and GENPACT MORTGAGE SERVICES

2 192200.pldg.Amended Ntc of Motion to Dismiss.dcm.doc AMENDED NOTICE OF MOTION TO DISMISS COMPLAINT

Case 4:08-cv-02898-CW

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Plaintiffs in Pro Per

PROOF OF SERVICE I declare that I am employed in the County of Contra Costa, State of California. I am over the age of eighteen (18) years and not a party to the within entitled case, and my business address is Alborg, Veiluva & Epstein LLP, 200 Pringle Avenue, Suite 410, Walnut Creek, California 94596. On the date set forth below I served the foregoing document described as MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., ALBORG, VEILUVA & EPSTEIN, LLP, AND GENPACT MORTGAGE SERVICES' AMENDED NOTICE OF MOTION TO DISMISS KENNETH BARKER AND LOIS ANNE BARKER'S COMPLAINT [Fed. R. Civ. P. 12(b)(6)] on interested parties in this action in the manner(s) indicated below: [x] (OFFICE MAIL) placing true and correct copies thereof enclosed in a sealed envelope(s), with first class postage fully prepaid, for collection and mailing at 200 Pringle Avenue, Suite 410, Walnut Creek, California 94596 addressed as set forth below. I am readily familiar with the business' practice for collection and processing of correspondence for mailing with the United States Postal Service. Correspondence so placed would be deposited with the United States Postal Service that same day in the ordinary course of business. [ ] (FACSIMILE) transmission to a facsimile machine maintained by the person(s) on whom it is served at the facsimile machine telephone number as last given by that person(s) on any document filed in the case and served on the party making service. [ ] (OVERNIGHT DELIVERY) placing true and correct copies thereof enclosed in a sealed envelope(s), for overnight delivery, in a box or other facility regularly maintained by an express service carrier, or delivered to an authorized courier or driver authorized by that express service carrier with delivery fees paid or provided for, addressed to the person(s) on whom it is to be served, at the office address as last given by that person(s) on any document filed in the case and served on the party making service or at that party's place of residence. Kenneth Barker Lois Anne Barker 2349 Royal Oaks Drive Alamo, CA 94507 Tel: (925) 820-0198 Fax: (925) 820-0198

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I declare that the foregoing is true and correct and that this declaration was executed in Walnut Creek, California on July 2, 2008.

/s/ Jan Baerwald
Jan Baerwald

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3 192200.pldg.Amended Ntc of Motion to Dismiss.dcm.doc AMENDED NOTICE OF MOTION TO DISMISS COMPLAINT