Free Affidavit of Service - District Court of California - California

Case 3:08-cv-01134-L-LSP

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

) ) Plaintiff ) ) v. ) ) ) HOME LOAN CORP. dba EXPANDED ) MORTGAGE CREDIT, a Texas Corp. ) MORTGAGE ELECTRONIC ) REGISTRATION SYSTEMS (MERS) a ) Delaware Corp., U.S. BANK NATIONAL ) ASSOCIATION as trustee for CREDIT ) SUISSE FIRST BOSTON HEAT-2005-2 ) AMERICA'S SERVICING COMPANY ) CAL WESTERN RECONVEYANCE ) CORP., a California Corp. ) ) Defendants ) ___________________________________

RICHARD A. CONNORS, an individual

Case No 08 CV 1134 L LSP

Date: Time: Judge: Dept:

July 18, 2008 2 PM Honorable M. James Lorenz 14

DECLARATION OF JANIS L TURNER RE SERVICE OF MOTION FOR PRELIMINARY INJUNCTION AND SUPPORTING DOCUMENTS JANIS L. TURNER (Cal Bar No. 079217) JANIS L TURNER ALC 2515 Camino Del Rio South Ste. 242B San Diego CA 92108 (619)718-4800 (voice) (619)718-4815 (fax) [email protected] Attorney for Plaintiff RICHARD A. CONNORS

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Janis L. Turner of full age upon his oath and under penalty of perjury deposes and says: 1. I am attorney for the Plaintiff in the above entitled matter. I make this declaration under penalty of perjury and as to facts within my own personal knowledge and as to matters to which I could competently testify were I called upon to do so. 2. On July 2, 2008 I duly appeared before this Court at which time the court entered a Temporary Restraining Order as to foreclosure of the property of Plaintiff RICHARD CONNORS. At the time the court entered the TRO, it strongly recommended to me that at that time I served my notice of motion, motion, supporting papers, and the order granting the Temporary Restraining Order on all other Defendants, that in addition to serving them through a registered agent for service of process, I duly contact them and attempt to speak with their respective attorneys. 3. On July 3, 2008, I duly commenced attempting to make contact with representatives for the various Defendants. 4. I first contacted U.S. BANK at their headquarters in Saint Paul Minnesota and spoke with representatives in their Corporate Trust Legal Department asking for their attorney contact for local counsel in California. 5. As a part of that conversation I made it clear that a TRO had been granted and that a Motion for Preliminary Injunction was set for July 15, 2007. I spoke with a paralegal who informed me that she had spoken with one of the attorneys and that I should direct copies of the documents via overnight mail to their attention.

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6.

Based upon that agreement I duly served the documents upon them via DHL on July 8, 2008, as set forth in the appended DHL receipt record.(Exb 1)

7.

I next contacted HOME LOAN CORPORATION at their address in Texas. I spoke with a person who would not give me their name but said she was a paralegal and directed me to send copies of the documents to their offices, based upon that conversation I duly served the documents on them via DHL on July 8, 2008 as set forth in the appended DHL record.(Exb2) In addition, I also served the documents via Knox Attorney Service on their registered agent for service of process.

8.

I next contacted MORTGAGE ELECTRONIC REGISTRATION SYSTEMS (MERS). I received no answer at their location in Sacramento and served the papers by means of DHL as well as on their registered agent for service of process. Their registered agent is located in Sacramento, California. I also served the same documents on July 8, 2008 to their corporate headquarters in Reston, Virginia as set forth in the attached DHL record.(Exb 3)

9.

On July 15, 2008 when I left court I once again attempted to call each of these entities to check on objections or other responses and other than an e-mail from the paralegal for US BANK NATIONAL ASSOCIATION which is appended hereto, I received no response.

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10.

I filed this declaration as part of my proof of service notices, orders, points and authorities or supporting documents in the within matter.(Exb 4)

Executed under penalty of perjury this 17th Day of July 2008 at San Diego, County of San Diego, State of California under the laws of the State of California

s/ Janis L. Turner_____ Attorney for Plaintiff Richard A. Connors E-mail: [email protected]

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CERTIFICATE OF SERVICE IT IS HEREBY CERTIFIED that on July 18, 2008 the Order Granting TRO, Application for Preliminary Injunction together with Declaration of Plaintiff RICHARD CONNORS with exhibits, Points and Authorities and and Certificate of Service was filed electronically with the clerk of the court using the CM/ECF system which will automatically send e-mail notice of filing to the following counsel of record. Counsel additonally served a courtesy copy of the within document on the Hon M. James Lorenz via Knox Attorney Service. Additionally Defendants were served as follows: Via US Mail: Thomas N. Abbott Esq. Pite Duncan LLP 535 E. Main Street El Cajon CA 92020 Attorneys for Defendants AMERICA'S SERVICING COMPANY and CAL WESTERN RECONVEYANCE CORP. Home Loan Corp C/O CT Corporation System 818 West 7 th Street Los Angeles CA 90017 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS C/O Registered Agent 2216 16 th St Sacramento CA 95818

US BANK NATIONAL ASSOC, as Trustee Trust Legal Department 60 Livingston Ave St Paul MN 55107

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MORTGAGE ELECTRONIC REGISTRATION SYSTEMS C/O Corporate Counsel MERS 1818 Library Street Ste 300 Reston VA 20190

Dated: July 18, 2008

s/ Janis L. Turner_____ Attorney for Plaintiff Richard A. Connors E-mail: [email protected]