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Human Rights Alert (NGO) (NGO)

Joseph Zernik, PhD "


PO Box 334!, "e# $%i%, &sr'e# "( 334! )"(* +,333,
,-34.+x/0123'i#45o3
-,4676-8 Richard Shelley v Quality Loan Service Corp, et al (09-
56133) in the S Court o! "ppeal#, 9th Circuit - !al#e and
deli$erately %i#leadin& '(" in a ca#e involvin& a !inancial
in#titution
$ppe##'n9 :he##e/ re5ei%e; ' <'#se 'n; 3is#e';in2 O59o=er --, -8 >D$ <or
9he Or;er Den/in2 :9'/ ?Dk9 @! in his 5'seA4 "he or;er #inke; 9o i9 B's no9 'n
or;er in his 5'se, =C9 in 'n Cnre#'9e; prisonerDs pe9i9ion William Meador v J
Alvidrez, et al ?86,+.7A ?Dk9 @. in 9h'9 5'seA4 Ehen :he##e/ 'ske; 9he F:
GoCr9 o< $ppe'#s, 89h Gir5Ci9, 9o 5orre59 9he in%'#i; >D$, his reHCes9 B's no9
';;resse;4
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"he 5on;C59 o< 9he F: GoCr9 o< $ppe'#s, 89h Gir5Ci9, 5'n =e ;ee3e; 's 3ore
o< 9he s'3e4
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#ikeBise, 9he >IJ in 9he ;is9ri59 5oCr9sA, Bhere 9he KC;i5i'# re5or;s 're no9
ser%e; '9 '##, on#/ ' #ink is pro%i;e;4 "he pr'59i5e o< pro%i;in2 #inks ins9e'; o<
re5or;s is inse5Cre, 'n; shoC#; =e prohi=i9e; in 5oCr9 pro5ess4
) Record *a&e
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Den/in2 :9'/ in his $ppe'#L Shelley v Quality Loan Service Corp, et al
?86.+,33A in 9he F: GoCr9 o< $ppe'#s, 89h Gir5Ci9
-
- -86,6-- Or;er Den/in2 :9'/L Shelley v Quality Loan Service Corp, et
al ?86.+,33A in 9he F: GoCr9 o< $ppe'#s, 89h Gir5Ci9, Bhi5h B's
pCrpor9e;#/ ser%e; 9hroC2h 9he <'#se >D$
4
3 -,636-+ I3'i# <ro3 :he##e/ 9o Zernik, exp#'inin2 9he <'#se >D$
4 -,636-+ Do5ke9L Shelley v Quality Loan Service Corp, et al ?86.+,33A
in 9he F: GoCr9 o< $ppe'#s, 89h Gir5Ci9
. -,636-+ Do5ke9L William Meador v J Alvidrez, et al ?86,+.7A in 9he
F: GoCr9 o< $ppe'#s, 89h Gir5Ci9, ' prisonerDs pe9i9ion, or;er <ro3 Bhi5h
B's #inke; 9o 9he :he##e/Ds <'#se 'n; 3is#e';in2 >D$
+ -,6-63 $ppe##'n9 :he##e/Ds &n<or3'# $ppe'# Brie<L Shelley v Quality
Loan Service Corp, et al ?86.+,33A in 9he F: GoCr9 o< $ppe'#s, 89h
Gir5Ci9
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?7L8M5%M-8,A in 9he F: Dis9ri59 GoCr9, Gen9r'# Dis9ri59 o< G'#i<orni'
1/1


Dr Z Dr Z Dr Z Dr Z
Joseph Zernik, PhD
PO Box 526, La Verne, CA 91750;
Fax: 323.488.9697; Email: jz12345@earthlink.net
Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Free_the_Rampart_FIPs
10-03-26 NDA (Notice of Docket Activity) from the US Court of Appeals, 9
th
Circuit, in Shelly v
Quality Loan Service, Inc.

X-MSK: CML=0.001000
From: "Philip J. Shelley" <philipjs@verizon.net>
To: "joseph zernik" <jz12345@earthlink.net>
Subject: Fw: 09-56133 Richard Shelley v. Quality Loan Service Corp.,
et al "Order Filed" Here's one you might not have been able to open that I
thought was FISHY
Date: Fri, 26 Mar 2010 11:19:20 -0700
X-Mailer: Microsoft Windows Mail 6.0.6002.18005
X-ELNK-AV: 0
X-ELNK-Info: sbv=0; sbrc=.0; sbf=00; sbw=000;



----- Original Message -----
From: ca9_ecfnoticing@ca9.uscourts.gov
To: pippy52@verizon.net
Sent: Thursday, October 22, 2009 12:51 PM
Subject: 09-56133 Richard Shelley v. Quality Loan Service Corp., et al "Order Filed"

***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy
permits attorneys of record and parties in a case (including pro se litigants) to receive one free
electronic copy of all documents filed electronically, if receipt is required by law or directed by
the filer. PACER access fees apply to all other users. To avoid later charges, download a copy
of each document during this first viewing.
United States Court of Appeals for the Ninth Circuit

Notice of Docket Activity

The following transaction was entered on 10/22/2009 at 12:51:29 PM PDT and filed on 10/22/2009
Case Name: Richard Shelley v. Quality Loan Service Corp., et al
Case Number: 09-56133
Document(s): Document(s)

Docket Text:
Filed order (STEPHEN S. TROTT and JOHNNIE B. RAWLINSON) Appellants emergency motion
for stay pending appeal is denied. The briefing schedule previously established shall remain in
effect.[7104315] (KD)

The following document(s) are associated with this transaction:
Document Description:Main Document
Original Filename:09-16508.pdf
Electronic Document Stamp:
[STAMP acecfStamp_ID=1106763461 [Date=10/22/2009] [FileNumber=7104315-0]
[44f5dfe29c6bb6a5f60484cf7e90148975bab9b25d1765202c56e66166b84144c26f92479dfc08a67a4a
4d5506ff90d6ebde58d5dea90e66ed2a2efc50b55e81]]

Page 2/2 March 26, 2010
Notice will be electronically mailed to:

Mr. Bivin, Chaise R.
Honorable Carney, Cormac J., U.S. District Judge
Mr. Shelley, Richard, pro se
USDC, Santa Ana

Notice will be mailed to:

Scott, David C.
MCCARTHY & HOLTHUS
1770 Fourth Ave.
San Diego, CA 92101

The following information is for the use of court personnel:

DOCKET ENTRY ID: 7104315
RELIEF(S) DOCKETED:
to stay further action
DOCKET PART(S) ADDED: 6597966, 6570242, 6570243, 6597967

ec/MOATT
UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RICHARD SHELLEY,
Plaintiff - Appellant,
v.
QUALITY LOAN SERVICE CORP.; et
al.,
Defendants - Appellees,
and
FREMONT INVESTMENT & LOAN,
Defendant.
No. 09-56133
D.C. No. 8:09-cv-00291-CJC
Central District of California,
Santa Ana
ORDER
Before: TROTT and RAWLINSON, Circuit Judges.
Appellants emergency motion for stay pending appeal is denied.
The briefing schedule previously established shall remain in effect.
FILED
OCT 22 2009
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
Case: 09-56133 10/22/2009 Page: 1 of 1 ID: 7104315 DktEntry: 7


Dr Z Dr Z Dr Z Dr Z
Joseph Zernik, PhD
PO Box 526, La Verne, CA 91750;
Fax: 323.488.9697; Email: jz12345@earthlink.net
Blog: http://inproperinla.blogspot.com/ Scribd: http://www.scribd.com/Free_the_Rampart_FIPs
10-03-26 Richard Shelley Email Note Regarding Dubious October 22, 2009 Order & NDA
(Notice of Docket Activity)

NDA was originally possibly linked to order in case of William Meador v. J. Alvidrez, et al
(09-16508)

On March 26, 2010 18:58 Joseph Zernik wrote:
Date: Fri, 26 Mar 2010 18:58:28 -0700
To: "Philip J. Shelley" <philipjs@verizon.net>
From: joseph zernik <jz12345@earthlink.net>
Subject: Re: here's the document that comes up now when you click the document link

When you first opened it, was it by chance the following?

Filed order (STEPHEN S. TROTT and JOHNNIE B. RAWLINSON) Appellants motion to proceed in
forma pauperis is denied because appellant has had three or more prior actions or appeals dismissed
as frivolous or for failure to state a claim and because appellant has not alleged any imminent danger of
serious injury in this appeal. See 28 U.S.C. 1915(g). Docket fee due..Summary affirmance order to
show cause..If appellant fails to comply with this order, the Clerk shall dismiss this appeal for failure to
prosecute..Briefing is suspended pending further order of this court. (see order for full text) [7104338]
(KD)

On March 26, 2010 11:47 Richard Shelley wrote:
X-MSK: CML=1.001000
From: "Philip J. Shelley" <philipjs@verizon.net>
To: "joseph zernik" <jz12345@earthlink.net>
Subject: here's the document that comes up now when you click the document link
Date: Fri, 26 Mar 2010 11:47:51 -0700
X-Mailer: Microsoft Windows Mail 6.0.6002.18005
X-ELNK-AV: 0
X-ELNK-Info: sbv=0; sbrc=.0; sbf=00; sbw=000;

but when I first got it and clicked on the free look link, it showed me a denial of motion to stay in a
criminal case. check the date of docket activity and see if matches any dates with richard fine's case.

oh and here's a little tip if you want to cut back on pacer fees download firefox, install it, open it up and
do a search for "recap turning pacer around". after you find it read about it's cool it allows all recap
users to automatically upload the files they view on pacer to the recap server, making it free for anyone
else with a pacer account to view it for free. download and install restart browser.
Emergency Motion Denied.pdf

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General Docket
United States Court of Appeals for the inth Circuit
Court of Appeals Docket #: 09-56133 Docketed: 07/21/2009
ature of Suit: 3480 Consumer Credit
Richard Shelley v. Quality Loan Service Corp., et al
Appeal From: U.S. District Court for Central California, Santa Ana
Fee Status: Paid
Case Type Information:
1) civil
2) private
3) null
Originating Court Information:
District: 0973-8 : 8:09-cv-00291-CJC-MLG
Court Reporter: Blanca Aguilar, Official Court Reporter
Trial Judge: Cormac J. Carney, U.S. District Judge
Date Filed: 03/09/2009
Date Order/Judgment: Date Order/Judgment EOD: Date OA Filed: Date Rec'd COA:
06/17/2009 06/18/2009 07/16/2009 07/21/2009
Prior Cases:
None
Current Cases:
None
RICHARD SHELLEY, pro se
Terminated: 08/11/2009
Plaintiff - Appellant,
RICHARD SHELLEY, pro se
Plaintiff - Appellant,
Richard Shelley, pro se
Direct: 714-379-4876
[NTC Pro Se]
6721 Tillamook
Westminster, CA 92683
v.
QUALITY LOAN SERVICE CORP.
Defendant - Appellee,
David C. Scott
Direct: 619-685-4800
3/26/2010 09-56133 Docket
ecf.ca9.uscourts.gov//TransportRoom 1/6
[COR LD NTC Retained]
MCCARTHY & HOLTHUS
1770 Fourth Ave.
San Diego, CA 92101
LITTON LOAN SERVICING, LLP
Defendant - Appellee,
Chaise R. Bivin, Esquire
Direct: 949-442-7110
[COR LD NTC Retained]
SEVERSON & WERSON
Atrium Building
700
19100 Von Karman Avenue
Irvine, CA 92612
FREMONT INVESTMENT & LOAN
Defendant,
3/26/2010 09-56133 Docket
ecf.ca9.uscourts.gov//TransportRoom 2/6
RICHARD SHELLEY, pro se,
Plaintiff - Appellant,
v.
QUALITY LOAN SERVICE CORP.; LITTON LOAN SERVICING, LLP,
Defendants - Appellees,
and
FREMONT INVESTMENT & LOAN,
Defendant.
3/26/2010 09-56133 Docket
ecf.ca9.uscourts.gov//TransportRoom 3/6
07/21/2009 1
14 pg, 386.79 KB
DOCKETED CAUSE AND ENTERED APPEARANCES OF APPELLANT
IN PRO SE AND COUNSEL FOR APPELLEES SEND CADS: No. The
schedule is set as follows: Fee due from Appellant Richard Shelley on
07/16/2009. Transcript order for Appellant Richard Shelley due 08/17/2009.
Transcript due for Orig Clerk USDC, Santa Ana on 11/16/2009. Certificate of
record due 11/23/2009. Appellant Richard Shelley opening brief due
01/04/2010. Appellee Litton Loan Servicing, LLP and Appellee Quality Loan
Service Corp. answering brief due 02/03/2010. Appellant's optional reply brief is
due 14 days after service of the answering brief. [6999040] (BG)
07/27/2009 2
1 pg, 61.29 KB
Received notification from District Court re: payment of docket fee. Amount Paid:
USD 455.00 Date paid: 07/23/2009. [7006625] (CW)
10/07/2009 3
1 pg, 25.88 KB
Received Appellant Mr. Richard Shelley emergency motion for stay pending
appeal. served on - no svc. [7087939] (CW)
10/13/2009 4
11 pg, 296.68 KB
Filed (ECF) Appellee Litton Loan Servicing, LLP response opposing motion
(Emergency Motion , to stay further action). Date of service: 10/13/2009.
[7093347] (CRB)
10/21/2009 5 COURT DELETED ENTRY (duplicate of [6]. Original text: Filed (ECF)
Appellant Mr. Richard Shelley reply to response (Response to Motion (ECF
Filing) ). Date of service: 10/21/2009. [7103520] (RS)
10/22/2009 6
43 pg, 2.43 MB
Filed (ECF) Appellant Mr. Richard Shelley response to motion (Response to
Motion (ECF Filing) , Reply to Response to Motion (ECF Filing) ). Date of
service: 10/21/2009. [7104243] (RS)
10/22/2009 7
1 pg, 25.79 KB
Filed order (STEPHEN S. TROTT and JOHNNIE B. RAWLINSON)
Appellants emergency motion for stay pending appeal is denied. The briefing
schedule previously established shall remain in effect.[7104315]--[COURT
UPDATE: Attached correct file. 10/22/2009 by MA] (KD)
02/03/2010 8
86 pg, 3.23 MB
Submitted (ECF) Opening brief for review. Submitted by Appellant Mr. Richard
Shelley. Date of service: 02/03/2010. [7219387]--[COURT UPDATE: Added
certificate of service, 02/11/2010 by AWM] (RS)
02/10/2010 9
3 pg, 247.46 KB
Filed (ECF) Appellant Mr. Richard Shelley Motion to file a late brief. Date of
service: 02/10/2010. [7226506]--[COURT UPDATE: Replaced PDF of motion
with complete version, added certificate of service, resent NDA, 02/11/2010 by
AWM] (RS)
02/11/2010 10 COURT DELETED ENTRY. Duplicate filing, filed in [9]. Original text: Filed
(ECF) Appellant Mr. Richard Shelley Motion to file a late brief. Date of service:
02/11/2010. [7228079] (RS)
02/23/2010 11
2 pg, 25.09 KB
Filed clerk order (Deputy Clerk:LKK`): Appellant's motion for leave to file a late
opening brief is granted. The Clerk shall file the opening brief received February
2, 2010. The answering brief is now due 30 days after the date of this order.
3/26/2010 09-56133 Docket
ecf.ca9.uscourts.gov//TransportRoom 4/6
[7240638] (SC)
02/23/2010 12
2 pg, 82.85 KB
Filed clerk order: The opening brief [8] submitted by Mr. Richard Shelley is filed.
Within 7 days of the filing of this order, filer is ordered to file 7 copies of the brief
in paper format, with a blue cover, accompanied by certification, attached to the
end of each copy of the brief, that the brief is identical to the version submitted
electronically. [7241071] (PK)
03/02/2010 13 Received 7 paper copies of Opening brief [8] filed by Mr. Richard Shelley.
[7250984] (SD)
03/23/2010 14 14 day oral extension by phone of time to file Appellees Litton Loan Servicing,
LLP and Quality Loan Service Corp. brief. Appellee Litton Loan Servicing, LLP
and Appellee Quality Loan Service Corp. answering brief due 04/08/2010. The
optional reply brief is due 14 days after service of the appellee brief. [7275723]
(LN)
3/26/2010 09-56133 Docket
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General Docket
United States Court of Appeals for the inth Circuit
Court of Appeals Docket #: 09-16508 Docketed: 07/20/2009
Termed: 01/08/2010 ature of Suit: 2550 Prisoner-Civil Rights
William Meador v. J. Alvidrez, et al
Appeal From: U.S. District Court for Eastern California, Fresno
Fee Status: IFP Pending In COA
Case Type Information:
1) prisoner
2) federal
3) civil rights
Originating Court Information:
District: 0972-1 : 1:09-cv-01058-LJO-GSA
Trial Judge: Lawrence J. O'Neill, U.S. District Judge
Date Filed: 06/16/2009
Date Order/Judgment: Date Order/Judgment EOD: Date OA Filed: Date Rec'd COA:
07/02/2009 07/02/2009 07/16/2009 07/17/2009
3/26/2010 09-16508 Summary
ecf.ca9.uscourts.gov//TransportRoom? 1/3
07/20/2009 1 DOCKETED CAUSE AND ENTERED APPEARANCE OF PRO SE APPELLANT
(no appearance for appellees). SEND CADS: No. The schedule is set as follows:
Appellant William Langston Meador opening brief due 11/02/2009. [6996618] (HC)
07/27/2009 2 Filed Appellant William Langston Meador motion for extensions of time. Served on
07/23/2009. [7004884] (EL)
07/31/2009 3 Filed clerk order (Deputy Clerk:CKP): A review of the district court docket reflects that
appellant has not paid the docketing and filing fees for this appeal. Within 21 days from the
date of entry of this order, appellant shall: (1) file a motion with this court to proceed in
forma pauperis; (2) pay $455.00 to the district court as the docketing and filing fees for this
appeal and provide proof of payment to this court; or (3) otherwise show cause why the
appeal should not be dismissed for failure to prosecute. If appellant fails to comply with this
order, the appeal will be dismissed automatically by the Clerk under Ninth Circuit Rule 42-
1. [7011484] (CKP)
08/04/2009 4 Filed Appellant William Langston Meador's form 4 affidavit accompanying motion for
permission to appeal in Forma Pauperis. Served on 08/02/2009. [7015648] (EL)
10/22/2009 5 Filed order (STEPHEN S. TROTT and JOHNNIE B. RAWLINSON) Appellants
motion to proceed in forma pauperis is denied because appellant has had three or more
prior actions or appeals dismissed as frivolous or for failure to state a claim and because
appellant has not alleged any imminent danger of serious injury in this appeal. See 28
U.S.C. 1915(g). Docket fee due..Summary affirmance order to show cause..If appellant
fails to comply with this order, the Clerk shall dismiss this appeal for failure to
prosecute..Briefing is suspended pending further order of this court. (see order for full text)
[7104338] (KD)
11/10/2009 6 Filed Appellant William Langston Meador response to order to show cause. Served on
11/08/2009. [7126472] (JFF)
01/08/2010 7 Order filed (Deputy Clerk: EC): On October 22, 2009, this court ordered appellant, within
21 days, to pay the filing fees and show cause why the judgment in this appeal should not
be summarily affirmed. The order warned appellant that failure to pay the fees and to show
cause would result in the automatic dismissal of the appeal by the Clerk of the Court. To
date, appellant has not paid the filing fees for this appeal. Accordingly, this appeal is
dismissed for failure to prosecute. This order served on the district court shall act as and for
the mandate of this court. [7187999] (AF)
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UNITED STATES COURT OF APPEALS
FOR THE NINTH CIRCUIT
RICHARD SHELLEY 9th Cir. Case No. 09-56133
Plaintiff-Appellant
District Court Case No. 8:09-cv-00291-CJC-MLG
vs.
QUALITY LOAN SERVICE CORP.; LITTON
LOAN SERVICING, LLP, Defendants-
Appellees
and
FREMONT INVESTMENT & LOAN
Defendant
APPELLANTS INFORMAL BRIEF
1. Jurisdiction
a. Timeliness of Appeal:
(I) Date of entry of judgment or order
of lower court: 6/18/2009
(ii) Date of service of any motion made after judgment
(other than for fees and costs):__________________________
(iii)Date of entry of order deciding motion ____________________
(iv) Date notice of appeal filed 7/16/2009
(v) For prisoners, date you gave notice of appeal
to prison authorities ______________________________
b. IF POSSIBLE, PLEASE ATTACH ONE COPY OF EACH OF THE
FOLLOWING:
1. The order fromwhich you are appealing
2. The district courts entry of judgment
3. The district court docket sheet

Case No. 09-56133
2.What are the facts of your case?
PARTIES
Plaintiff/Appellant Richard Shelley(hereinafter Appellant) is a natural person whomat all relevant times
referred to resided at and held all Legal Title to a parcel of Single Family Residential Real Property
located in the City of Westminster, County of Orange, CA commonly known as 6721 Tillamook Ave.
ZipCode 92683
Defendant/Appellee Quality Loan Service, Corp.(hereinafter Quality) license ID 01244892 which
expired 10/22/02 whos mailing address as of record is 1650 E. 4
th
St., Santa Ana, CA 92701 allegedly
doing business out of San Diego County address 2141 5
th
Ave., San Diego, CA 92101
Defendant/Appellee Litton Loan Servicing LP(hereafter Litton) a Delaware Corporation license
#4130234 actively licensed with the California Department of Corporations as a Mortgage Banker
engaging in Interstate Commerce with no branches in the state of California with its main office address
of record 4828 Loop Central Drive; P.O. Box 570848, Houston, TX 77257
Defendant FGC Commercial Mortgage Finance, dba Fremont Investment & Loan FDIC
insured(hereinafter Fremont) license #6032063 no longer licensed after finally consenting to an FDIC
Cease and Desist order in 2007(see FDIC-07-035b ) after multiple warnings to stop its unsatisfactory
lending practices last known address of record 2727 E. Imperial Highway, Brea, CA 92821
3.On May 17, 2006, Appellant entered into a consumer credit transaction (hereinafter "the transaction")
with Fremont in which the extended consumer credit was subject to a finance charge and which was
initially payable to Fremont secured by the Principal Dwelling at 6721 Tillamook Ave. Westminster CA
92683 (hereinafter the Property) of Appellant. During the course of the transaction Fremont failed to
provide Appellant two clear and conspicuous Notices of his Right to Rescind as well as failed to
properly include in the finance charge the Brokers fee of $5,460,
The application fee of $500 which was not a "bona fide and reasonable" fee and the Processing fee
$525 within the tolerance limits as specified by the Truth In Lending Act(hereinafter TILA). Sometime
in May or June 2008 the loan was allegedly assigned to Defendant Litton Loan Servicing,
L.L.P.(hereinafter Litton), actual date of Assignment being uncertain due to Defendants failing to file
Notice of Assignment with the Orange County Recorders Office. A new loan was obtained on June
4,2008 in the amount of $271,587.04 and applied toward the principle amount due(as can be
referenced by copies of both Fremonts and Littons transaction history that was provided to
Mr.Shelley). Apparently unsatisfied with the tender received Litton informed Mr.Shelley of their intention
to Substitute Defendant Quality Loan Service, Corporation(hereinafter Quality) as Trustee, actual date
of Substitution being uncertain due to Defendants failing to file Substitution of Trustee with the Orange
County Recorders Office. Quality declared Default November 6, 2008 then recorded November 7,
2008. Confused and displeased with the allegations made by the Defendants concerning the underlying
Deed of Trust recorded 5/26/2006, as Instrument No. 2006000359250, in Book xxx, Page xxx of
Official Records in the Office of the Recorder of Orange County, CaliforniaMr.Shelley gave Notice of
Rescission received by the assumed Trustee on December 23, 2008 as evidenced as Exhibit E of
Plaintiffs Discovery Motion, suggesting Judicial mediation as an appropriate resolve to determine the
rights, obligations and authorities of all parties involved in the dispute. Defendants refused and
proceeded to record on February 19, 2009 a Notice of Trustees Sale forcing Mr.Shelley to file the
instant action in the District Court on March 9, 2009 shortly after discovery of the TILA violations giving
rise to the cause of action contained in the complaint and then served summons on Litton and Quality.
The pending sale was either postponed or cancelled for possible irregularities perhaps, in any case the
Defendants made their own decision not to go forward with the sale that was scheduled March 10,
2009.
3
Case No. 09-56133
3. What did you ask the district court to do (for example, award damages, give injunctive
relief, etc.)?Applied for a Temporary Restraining Order, asked the District Court to issue a
Preliminary Injunction enjoining Defendants fromcommencing the Trustees Sale, sought
enforcement of the declaratory right of rescission under TILA return of all profits and payments
received and given to anyone in connection with or arising fromthe transaction including but not
limited to third parties that was owed to Appellant, fulfillment of the steps required to be taken
to reflect that the security interest in Appellants home has been terminated regardless of status
as statutorily required by TILA, damages for noncompliance and a determination of any
amounts due to Defendants after the TILAs statutory provisions have been complied with by
Defendants.
State the claimor claims you raised at the district court. A statutorily entitled claimfor Extended
Rescission contained in 15 U.S.C. 1635 for violations relating to Defendants failure to properly
disclose material disclosures that extends the right of rescission to 3 years, claimfor additional
Rescission rights pursuant to 15 U.S.C. 1635(i)(1)(A). A claimfor damages for noncompliance with
the statutorily required procedures provided for in 15 U.S.C. 1635(b). Then the District Court
suggested a possible requisite of showing that Appellant can or will fulfill his obligation of tender of
money or property following rescission, Appellant gave notice to Defendants and to the District
Court(filed and entered on the docket 5/15/2009 Docket Entry #22 Attachment #1) declaring an offer
of return or surrender of the property secured in exchange for all tender payments received and profits
gained in connection with the transaction. The property has been in my family since it was built in the
50's then purchased by me frommy mother in 1985 on a VA loan, the market value fromthe appraisal
that was done in 2006 was more than twice the amount of the credit that was extended and additional
improvements had been made since then. Surely it was more than an adequate offer seen as the
Defendants and the District Court would not state the amount needed to satisfy whatever tender
obligation which may arise fromthe Rescission. The judge fromthe District Court never specifically
ordered anything to the contrary so the procedures set forth in 15 U.S.C. 1635(b) should govern
having not accepted the offer it would appear that interest(if any) was waived.
4. What issues are you raising on appeal?

Before beginning even though it may not be necessary please do accept Appellants humble
apologies for prior counsels long delay in filing of the action. Attorney Stephan F. Dial was hired around
sometime in July of 2008 to file the action, was provided with everything needed to file and was well
informed of all the intended claims to be filed and how to proceed with the case. Then after the action
was finally filled the Attorney refused to cooperate with how to proceed with the case as directed,
attempted to force Appellant to dismiss the action, sign a general release of all claims under duress and
undue influence, refused to accept Appellants revocation of power of attorney and then purported to
file a motion of non-opposition on behalf of Appellant after being discharged as counsel. So please be
assured that had Appellant been granted Pro Se access to the CM/ECF registration systemfor the
California Central District Court much of this could have been avoided. That being said Great
Appreciation goes to this Honorable Court for allowing Pro Se/Appellant the privilege.
The judge fromthe District Court made inaccurate responsive statements regarding the facts
leaving unresolved issues and mistakes of fact in denying the requested preliminary injunctive relief. First
is the fact that the transaction in question(involving the real property Appellant held all legal title to) was
an extension of consumer credit entered into May 17, 2006 and not a loan entered into on May 26,
2006 of funds as the judge for the judge fromthe District Court mistakenly understood. See Rudisell v
Fifth Third Bank 622 F.2d 243 (6th Cir 1980) 38. The Defendants had no part in the extension of
any amounts for the Purchase Money used to pay off the original Installment Sale Contract Appellant
entered into in 1985. Thus Fremont was not secured and did not acquire an interest in the whole
property. Besides tender of consideration received is an equitable prerequisite to rescission, the
requirement was abolished by the Truth in Lending Act...Only 'upon the performance of the creditor's
obligations under (section 1635),' must the obligor tender the property to the creditor. Section 1635(b)
expressly provides that prior to performance of the required actions by the creditor, 'if the creditor has
delivered any property to the obligor, the obligor may retain possession of it. 5 Palmer v Wilson 502
F.2d 860 (9th Cir 1974) 6 In the absence of any clear congressional statement.See 114 Cong. Rec.
14398 (1968) (statement of Rep. Sullivan) If the seller does not come back to pick up (his property)
after a 10-day period (following the notice of rescission), the buyer can keep this itemand he does not
even have to pay for it . . quoted by Sosa v Fite 498 F.2d 114(5th Cir 1974) 10.
Second is a mistake of fact made by Appellants former counsel(Comp. 14) but no valid
assignment has been recorded in the local county Recorders Office where the property is located, as
well as no Substitution of Trustee by Quality, something Quality has in fact been known to neglect doing
as required See Pro Value Properties, Inc. v. Quality Loan Service Corp., 170 Cal. App. 4th 579
See also Exhibit A 24, and seen as they do not hold valid California License or qualify for a Trustees
Exemption that makes their attempt to non-judicially foreclose illegal and a fraud. To add to that seen as
Litton was created in a foreign state and Quality claims their granted power of Trustee fromLitton,
under the US Const Art III 2 California non-judicial would not be available. The issue also had not
5
been resolved as to the incorrect amount($440,000 later corrected) of the credit extended, also how
and where fromthe District Court and Appellants former counsel determined the incorrect amount
when all the evidence that were provided in discovery stated the correct amount($273,000) and while
Appellant has made a good faith attempt in the Prayer For Relief for the Court to determine as to what
amount might be due(Compl. VI 9) if equitable modification had been requested by the Defendants,
this good faith effort fell on deaf ears and the District Court allowed the Defendants to prejudice
Appellants rights by letting themallude discovery, delay proceedings and even grant their motion after
the Court ordered deadline had passed. While it maybe true that Appellant had not provided any
evidence of equitable tolling the limitations for the overcharges, likewise can be said for Defendants lack
of evidence of equitable tolling the limitations of the 20 days outlined in 15 U.S.C. 1635(b) that they
had two opportunities fromrelief fromthe forfeiture but consequently waived them. See Hritz v Woma
Corporation 732 F.2d 1178 (3rd Cir 1984) 17 "failure to answer the complaint must be viewed in the
context of its failure over an extended period of time to answer any claimor correspondence fromthe
plaintiffs. It is true that, as of the day after filing, the claimhad been presented to [Defendants]
considerably...before the suit was initiated...Given [Defendant's] conduct, it would have mattered little
whether plaintiff filed suit one day or six months prior...[Defendant's] failure to answer any
communication would have created a time bar to proceeding against other parties, regardless of the filing
date. Viewed in this light, the failure to answer the complaint is part of a pattern that threatens
[Appellant] with the gravest prejudice: having their claimbarred completely.."
Third is the fact that there was no mortgage but a Deed of Trust where the only expressed power
of sale was granted to Fremont which made no objection, counterclaims, raised no defenses and made
no representation that any interest, principle, balance, or consideration was unsatisfied, unpaid,
uncollected due, owed or outstanding nor did Fremont claimthe promissory note along with the Deed of
Trust to be valid or legally enforceable by themlet alone to the other Defendants/Appellees because it
has been rescinded. Equitable Rescission which seeks to restore both parties to a contract to the status
quo ante, when actually Plaintiffs claimwas seeking statutory enforcement of his right of Rescission
arising under the TILA. Just as the 6
th
Circuit held in Rudisell v Fifth Third Bank, 622 F.2d 243, 40
(6
th
Cir. 1980) the appellants still have a right to rescind the transaction. Congress intended the
rescission to absolutely void the transaction and return the debtor to the status quo existing before he
started the transaction, even against third party purchasers. See 114 Cong. Rec. 14388 (1968)
(statement of Rep. Sullivan). Furthermore if there is or was to be any conditioning of repayment of
consideration then Defendants/Appellees need to prove the amount, that the consideration was in fact
theirs to give, that Appellant knowingly received a benefit fromthat consideration and how Appellant did
in fact benefit fromthis consideration. All this could have been accomplished by complying with
Discovery something Appellees have absolutely refused to do.
Forth is the District Courts error of law as to the substantive formof the Rescission claim, See
Griggs v E.I. DuPont de Nemours & Co. 385 F.3d 440 (4
th
Cir 2004) 22, 23 Broadly speaking,
rescission at law occurs when the plaintiff has a right to unilaterally avoid a contract. The rescission itself
is effected when the plaintiff gives notice to the defendant that the transaction has been avoided and
6
tenders to the defendant the benefits received by the plaintiff under the contract. See Handbook on
Remedies, 4.3 at 255. (23)Once the plaintiff has rescinded, he is entitled to recover back what he
gave under the contract. If the defendant does not give it back voluntarily, the plaintiff may sue for it....
Thus the court in cases of rescission "at law" does not effect the rescission and the court's only role is to
get back the plaintiff's property or its value.Appellant has the substantive right to tender the property in
exchange for all the tender received arising out of the transaction. See Gerasta v Hibernia National
Bank 575 F.2d 580 (5th Cir 1978) 15 the forfeiture provision contained in Section 1635(b) is still a
part of the statute; it should be enforced as written in an appropriate case; but, in the absence of the
tender by the obligor that the Section specifically requires, it is not applicable.In the complaint Appellant
sought Declaratory Relief and the Defendants had a time limit prescribed by statute and a claimfor
declaratory relief could have been resolved through another formof action which has a specific
limitations period, the specific period of time will govern." Orangetown v. Gorsuch, 718 F.2d 29, 42
(2d Cir.1984).
. Fifth is the misguided reliance of the District Court in Yamamoto v. Rank of New York, 339 F.3d
1167 (9th Cir 2003) and Am. Mortgage Network v. Shelton, 486 F.3d 815,821 (4th Cir. 2007) as its
controlling authority to deny Appellant the statutory right of Rescission when none of the Defendants
filed a counterclaimas would be necessary under F.R.C.P. Rule 13 for what the judge fromthe District
Court was proposing before granting a Rule 12(b)(6), he also unfortunately failed to recognize the
material difference in those cases to this one. In Yamamoto the court held that when the Yamamotos
filed for Chapter 7 bankruptcy their standing to pursue the Rescission claimin the District Court
transferred to the bankruptcy trustee and they were not the proper plaintiffs. In this case Appellant has
not filed for bankruptcy nor does he intend to due to the fact he is not insolvent and the firmbelief in
paying his debts, more importantly the District Court seemto have overlooked the cautioning the 9
th
Circuit advised in its conclusion in Yamamoto that Whether the call is correct must be determined on a
case-by-case basis seen as the decision was founded mostly on case law as opposed to statutory
procedures specified in 15 U.S.C. 1635(b). In Am. Mortgage the District and Appellate both held
that Am. Mortgage Network had complied with TILA and acted in good faith when it promptly notified
the Sheltons of clerical errors and intention refund the overcharges immediately after discovery of the
unintentional non-disclosures, also the finding of fact that Mr.Shelton was not an average consumer being
employed in the real state business and apparent misrepresentation that the property in question in that
case was their primary residence which in fact it was not further supporting that absolute Rescission was
not appropriate due to Sheltons failure to satisfy the required criteria contained in 15 U.S.C. 1635(a)
and only applies to the consumers principal dwelling. Here the Appellees have taken advantage of
Appellants kind nature and good faith intentions to resolve the these issues reasonably and not have
everything worked a long hard 25 years earning and walk away with nothing.
Especially when the fact is that violations are apparent on the face of the documents attached to the
complaint Exhibit A and Exhibit B are both misrepresenting the date as 5/15/06 when the Notarys
Witness and seal date evidencing execution is 5/17/06 and because they have never attempted to
correct it despite being confronted with the facts and demand for rescission that is willful Fraud. Also
7
when calculating the monthly payment schedule that begins 7/01/08 with the amount fromthe promissory
note interest that was scheduled to be charged monthly would have been around 13% in clear violation
of CA Const art XV 1 making it Usurious. See Davis v. Werne. 673 F.2d 866, 14The statutory
damages are explicitly a bonus to the successful TILA plaintiff, designed to encourage private
enforcement of the Act, and a penalty against the defendant, designed to deter future violations. See
Williams v. Public Finance Corp., supra; Hinkle v. Rock Springs Nat. Bank, 538 F.2d 295 (10th Cir.
1976), recovery of statutory damages by a successful TILA plaintiff is not inconsistent with other
remedies the plaintiff may have in connection with the same transaction, such as rescission of the loan
contract, see Sellers v. Wollman, 510 F.2d 119 (5th Cir. 1975), or even forfeiture to the plaintiff, under
state usury laws, of the unpaid balance of the loan, see Williams v. Public Finance Corp., (598 F.2d 349
(5th Cir. 1979) ).
When imposing sanctions under its inherent power to promote the orderly and just administration
of its caseload, the district court must follow its own rules, see Peabody v Maud Van Cortland Hill
Schroll Trust 892 F.2d 772, 30 (9
th
Cir. 1990); In re Thalheim, 853 F.2d 383, 389 (5th Cir.1988);
make a finding of bad faith, Roadway Express, Inc. v. Piper, 447 U.S. 752, 766-67, 100 S.Ct. 2455,
2464-65, 65 L.Ed.2d 488 (1980); and afford due process, TeleVideo Sys., Inc. v. Heidenthal, 826
F.2d 915, 916 (9th Cir.1987). The judge fromthe District Court should have restrained fromexpressing
a judicial bias and the complete disregard in maintaining the appearance of impartiality when acting in a
judicial capacity, leaving doubt in the mind of the Plaintiff, wondering if he will have a fair and just trial
where the case is heard on the merits and none of his rights to due process will be prejudiced. How
exactly was Appellant supposed to file anything or participate in the case when the manual filing by
former counsel was rejected and Pro Ses are not eligible for CM/ECF registration? As for the motion
and proposed order that was granted that appeared to be nothing more than a repeat of what the judge
fromthe District Court said, it should not have been granted as it was filed passed the court ordered
deadline, tender had already been offered therefore Appellant obviously had the ability nowhere in the
TILA statute or case law has specifically requires a completely solvent consumer to produce some sort
of definite eligibility criteria before being granted the rights they are by law entitled to. There is no such
evidence of inability in Docket #7 as Litton as alleged, that entry was one of the judges responses and
Litton should be compelled to prove they have any standing by producing the alleged assignment from
Fremont and that Appellant consented to changing the terms of the status quo so they can be penalized
for usury as well as Quality after they provide the Substitution of Trustee fromLitton. An inquiry was
made into the reasonable value of the supposed consideration they gave to Appellant they never replied
with an amount, therefore it was concluded that the value was nothing. Granting it was unprofessional the
judge completely abused his discretion when he ignored the fact that there is two options to satisfying a
rescission tender claim, altering the substantive provisions of TILA like this is an assault individual civil
liberties and will cause damage to the integrity of The Judiciary for not enforcing its own rules as well as
destroy public confidence for holding a partial favoritismin potential campaign contributors as the
judge may see it which appears to be nothing more than Prepaid Bribes with a different name. The
Statutorily prescribed method of procedures outlined in 15 U.S.C. 1635(b) which is most likely what a
natural consumer should expect when seeking to have those rights enforced and what the judge fromthe
District Court unmistakably had a predisposition to claims of is discernable similar if not the very same
bait and switch tactics Congress intended to provide consumers relief with when creating the right of
8
Rescission, and because the 3 day right of rescission is absolute and does not require the determination
of a court to be effective and because the statute makes no distinction between the 3 days and 3 years
because the right is extended then such a determination is not required on the latter exercised right of
rescission. Furthermore because Appellants claimfor rescission went unopposed and undisputed and
the last sentence added by Congress was a grant of jurisdiction not a full range of discretion to do as it
pleases. Doing so would be in direct violation of the Separation of Powers provisions in The U.S.
Constitution. "The district court, however, engaged in its balancing of the equities on an inadequate
record and to that extent abused its discretion."Northern Cheyenne Tribe v Hodel 851 F.2d 1152 (9th
Cir 1988) 25. After this case was already sent to the 9th Circuit Appellant attempted to have an illegal
fraudulent unlawful detainer and eviction action used to harass and menace Appellant that was filed in the
West Justice Center, in the County of Orange removed to the California Central District Court without
prepayment of filing fees and was denied based on the recommendation froma Magistrate Judge Arthur
Nakazato. The same Magistrate Judge Arthur Nakazato that Recused himself on Docket Entry #8 of
this Case. A copy of the former Docket is also included as a separate attachment as well as a certified
copy of notice of rescission where the property was tendered which is referred to on Docket Entry
#21of this case Attachments: #1 Declaration of Stephen F. Dial as well as the document itself along with
other documents on the record of the Docket attached to the Appendix in chronological order with a
copy of the uniformresidential appraisal report evidencing the market value at the end and the Docket
Report for this case in the beginning.
All rights Reserved
9
Case No. ______________
5.Did you present all these issues to the district court?
_______________ If not,
why? Yes/No
6.What law supports these issues on appeal? (You may, but need not, refer to cases and
statutes.)
Code of Conduct for U.S. Judges Cannon 3 A(3)
Code of Conduct for U.S. Judges Cannon 3 A(4)
15 U.S.C. 1635
CA Const art XV 1, Cal Code Civ Proc 335-349.4,
Cal Civ Code 1473-1479, Cal Civ Code 1485-1505, Cal Civ Code 1511-1515,
Cal Civ Code 1688-1693, Cal Civ Code 1770, Cal Civ Code 3412-3415
2.
Horton v California Credit Corp. 2009 US Dist (S CA), Moore v Wells Fargo 2009
US Dist (E VA), Williams v. Public Finance Corp 598 F.2d 349 (5th Cir 1979), Davis v.
Werne. 673 F.2d 866, Sharpe v FDIC 126 F.3d 1147, Sheldon v Sill 49 U.S. 441 Hodges v.
Swafford, 2007 WL 968771 (Ind. App. Apr. 3, 2007) Escher v. Decision One Mortgage
Company, LLC, 2007 WL 1683563 (Bankr. E.D. Pa. June 12, 2007) Williamson v. Lafferty,
698 F.2d 767, 768-69 (5th Cir.1983), .Aquino v. Public Finance Consumer Discount Co.,
606 F.Supp. 504, 507 (E.D.Pa.1985), Johnson v. Chase Manhattan Bank, USA, NA, 15
U.S.C. 1640(a) (1994), 15 U.S.C. 1641 (1994), Ramadan v. Chase Manhattan Corp., 156
F.3d 499, 502 (3rd Cir. 1998), Shepeard, 730 F. Supp. at 1299, Gerasta v. Hibernia
National Bank, 575 F.2d 580, 584 (5th Cir. 1978), Sosa v. Fite, 498 F.2d 114, 118-119 (5th
Cir. 1974), Velazquez v. Home American Credit Inc., 2003 U.S. Dist. LEXIS 6417 (N.D.
Ill.) (April 14, 2003), Semar v. Platte Valley Fed. Sav. & Loan Ass'n., 791 F.2d 699, 702
(9th Cir. 1986); Reynolds v. D & N Bank, 792 F. Supp. 1035, 1038 (E.D. Mich. 1992);
Johnson v. Thomas, 794 N.E.2d 919, 931 (Ill. App. Ct. 2003), Blakemore v. Blakemore
(1983), 5 Ohio St.3d 217, 219, Rossman, 280 F.3d at 390 (quoting Ramadan v. Chase
09-56133
No
Denial of Court Access
Manhattan Corp., 156 F.3d 499, 502 (3d Cir.1998)). Begala v. PNC Bank, Ohio, N.A., 163
F.3d 948, 950 (6th Cir.1998) Pac. Shore Funding v. Lozo, 2006 Cal. LEXIS 8874 (Cal., July
19, 2006), Rudisell v. Fifth Third Bank, 622 F.2d 243, 254 (6th Cir. 1980); Ljepava v. M.
L. S. C. Properties, Inc., 511 F.2d 935, 944 (9th Cir. 1975); Palmer v. Wilson, 502 F.2d
860, 861 (9th Cir. 1974), Staley v. Americorp Credit Corp., 164 F. Supp. 2d 578, 584 (D.
MD. 2001), Gill v. Mid-Penn Consumer Disc. Co., 671 F. Supp. 1021(E.D. Pa. 1987),
Willis v. Friedman, Clearinghouse No. 54,564 (Md. Ct. Spec. App. May 2, 2002),
Robertson v. Strickland (In re Robertson), 333 B.R. 894, 898, 904 n. 14 (Bankr. M.D. Fla.
2005), FDIC v. Ablin, 532 N.E. 2d 379 (Ill. App. 1988); Community National Bank &
Trust v. McClammy, 525 N.Y.S. 2d 629 (App. Div. 1988); Yslas v. D.K. Guenther Builders,
Inc., 342 So. 2d 859 (Fla. Dist. Ct. App. 1977), Butler v. U.S. Dept. of Housing & Urban
Devt, 595 F. Supp. 1041, 1047 (E.D.Pa. 1984), Ruiz v. New Garder Tp., 232 F. Supp. 2d
418, 429 (E.D. Pa. 2002), Bizier v. Globe Financial Services, Inc., 654 F.2d 1, 3 (1st Cir.
1981), Jackson v Grant 876 F.2d 764 (9th Cir 1989)
11
Case No. ______________
8.Do you have any other cases pending in this court? If so, give the name and docket
number of each case. No
9. Have you filed any previous cases which have been decided by this court? If so, give
the name and docket number of each case. No
10. For prisoners, did you exhaust all administrative remedies for each claimprior to filling
your complaint in the district court?
_______________________
________ DATE
___________________________
_______ SIGNATURE
___________________________
_______ ADDRESS
CERTIFICATE OF SERVICE
Case Name: ____________________ v. __________________________
Case No.: _____________
IMPORTANT: You must send a copy of ALL documents filed with the court and
any attachments to counsel for ALL parties in this case. You must also file a
certificate of service with this court telling us that you have done so. You may use
this certificate of service as a master copy, fill in the title of the document you are
filing and attach it at the back of each filing with the court. Please list below the
names and addresses of the parties who were sent a copy of your document and the
09-56133
/s/ Richard Shelley 2/03/10
6721 Tillamook Ave., Westminster, CA
92683
SHELLEY
09-56133
dates on which they were served. Be sure to sign the statement below. You must
attach a copy of the certificate of service to each of the copies and the copy you file
with the court.
I certify that a copy of the
_____________________________ (Name of document you are
filing, i.e., opening brief, motion, etc.)
and any attachments was served, either in person or by mail, on the persons listed below.
_____________________
____ Signature
Notary NOT required
Name Address Date Served
13
Richard Shelley
/s/ Richard Shelley
McCarthy Holthus, LLP
1770 4th Avenue San Diego, CA 92101
02/04/10
APPENDIX
(MLGx), APPEAL, CLOSED, DISCOVERY
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
(Southern Division Santa Ana)
CIVIL DOCKET FOR CASE #: 8:09cv00291CJCMLG
Richard Shelley v. Quality Loan Service Corp et al
Assigned to: Judge Cormac J. Carney
Referred to: Magistrate Judge Marc L. Goldman
Case in other court: 9th CCA, 0956133
Cause: 15:1640 Truth in Lending
Date Filed: 03/09/2009
Date Terminated: 06/17/2009
Jury Demand: Plaintiff
Nature of Suit: 480 Consumer Credit
Jurisdiction: Federal Question
Plaintiff
Richard Shelley represented by Richard Shelley
6721 Tillamook Avenue
Westminster, CA 92683
PRO SE
Stephen F Dial
Dial &Associates
505 South Villa Real Drive Suite 205
Anaheim Hills , CA 928073442
7142798055
Fax: 7142798052
Email: dialaw@earthlink.net
TERMINATED: 06/15/2009
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
Quality Loan Service Corp represented by David C Scott
McCarthy and Holthus LLP
1770 Fourth Ave
San Diego , CA 92101
6196854800
Fax: 6196854811
Email: dscott@mccarthyholthus.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Fremont Investment &Loan
Defendant
Litton Loan Servicing LLP represented by Chaise R Bivin
Severson &Werson
19100 Von Karman
Suite 700
Irvine , CA 92612
9494227110
Fax: 9494427118
Email: crb@severson.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Date Filed # Docket Text
Case: 8:09-cv-291 As of: 02/03/2010 09:23 AM PST 1 of 5
03/09/2009 1 COMPLAINT against defendants Quality Loan Service Corp, Fremont
Investment &Loan, Litton Loan Servicing LLP.(Filing fee $ 350 paid)
jury demand., filed by plaintiff Richard Shelley.(twdb) (lwag). (Entered:
03/10/2009)
03/09/2009 20 DAY Summons Issued re Complaint (Discovery) 1 as to
defendants Quality Loan Service Corp, Fremont Investment &Loan,
Litton Loan Servicing LLP. (twdb) (Entered: 03/10/2009)
03/09/2009 2 NOTICE of Interested Parties filed by plaintiff Richard Shelley, (twdb)
(lwag). (Entered: 03/10/2009)
03/09/2009 4 DECLARATION of Richard L. Shelley in support of exparte
application to stop trustee's sale filed by Plaintiff Richard Shelley.
(twdb) (lwag). (Entered: 03/11/2009)
03/09/2009 5 DECLARATION of Stephen F. Dial re notice in compliance with local
rule 719.1 filed by Plaintiff Richard Shelley. (twdb) (lwag). (Entered:
03/11/2009)
03/09/2009 6 MEMORANDUM of Points and Authorities in Support of application to
stop sale filed by plaintiff Richard Shelley. (twdb) (lwag). (Entered:
03/11/2009)
03/10/2009 3 MINUTES OF IN CHAMBERS ORDER by Judge Cormac J. Carney:
DENYING PLAINTIFF'S EX PARTE APPLICATION FOR A
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW
CAUSE REGARDING A PRELIMINARY INJUNCTION [filed
03/09/09]: (See document for details.) For the foregoing reasons, Mr.
Shelleys ex parte application is DENIED. (rla) (Entered: 03/10/2009)
03/11/2009 7 MINUTES OF IN CHAMBERS AMENDED ORDER by Judge
Cormac J. Carney DENYING Plaintiff's Ex Parte Application for a
Temporary Restraining Order and Order to Show Cause Regarding a
Preliminary Injunction 3 . (nbo) (Entered: 03/11/2009)
03/12/2009 8 ORDER RETURNING CASE FOR REASSIGNMENT UPON
RECUSAL by Magistrate Judge Arthur Nakazato. ORDER case
returned to the Clerk for random reassignment re: Discovery pursuant to
General Order 0507 and General Order 0805. Case randomly
reassigned from Magistrate Judge Arthur Nakazato to Magistrate Judge
Marc L. Goldman for all further proceedings. The case number will now
reflect the initials of the transferee Judge SACV0900291 CJC
(MLGx). (ade) (Entered: 03/12/2009)
03/27/2009 9 FIRST STIPULATION Extending Time to Answer the complaint as to
Litton Loan Servicing LLP answer now due 4/10/2009, filed by
Defendants Litton Loan Servicing LLP.(Bivin, Chaise) (Entered:
03/27/2009)
04/01/2009 10 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed
Documents. The following error(s) was found: Proposed document was
not submitted as separate attachment. RE: First Stipulation Extending
Time to Answer (30 days or less) 9 . In response to this notice the court
may order (1) an amended or correct document to be filed (2) the
document stricken or (3) take other action as the court deems
appropriate. (nca) (Entered: 04/01/2009)
04/01/2009 11 FIRST STIPULATION Extending Time to Answer the complaint as to
filed by Defendant Litton Loan Servicing LLP. (Attachments: # 1
Proposed Order)(Bivin, Chaise) (Entered: 04/01/2009)
04/03/2009 12 ORDER granting Stipulation Extending Time to File a Responsive
Pleading 9 , by Judge Cormac J. Carney: Defendant Litton Loan
Servicing, LLP shall have until April 10, 2009, to file a motion to
dismiss or otherwise respond to the complaint in the abovecaptioned
case. IT IS SO ORDERED. (rla) (Entered: 04/07/2009)
Case: 8:09-cv-291 As of: 02/03/2010 09:23 AM PST 2 of 5
04/10/2009 13 FIRST STIPULATION Extending Time to Answer the complaint as to
Litton Loan Servicing LLP answer now due 4/29/2009, filed by
Defendant Litton Loan Servicing LLP.(Bivin, Chaise) (Entered:
04/10/2009)
04/10/2009 14 FIRST STIPULATION Extending Time to Answer the complaint as to
filed by Defendant Litton Loan Servicing LLP.(Bivin, Chaise) (Entered:
04/10/2009)
04/15/2009 15 STIPULATION for Extension of Time to File Response filed by
Defendant Quality Loan Service Corp.(Scott, David) (Entered:
04/15/2009)
04/15/2009 16 PROOF OF SERVICE filed by Defendant Quality Loan Service Corp,
re Stipulation for Extension of Time to File Response/Reply 15 served
on April 15, 2009. (Scott, David) (Entered: 04/15/2009)
04/15/2009 17 DECLARATION of Quality Loan Service Corp. Nonmonetary Status
[Civil Code 29241] filed by Defendant Quality Loan Service Corp.
(Attachments: # 1 Declaration of David Owen)(Scott, David) (Entered:
04/15/2009)
04/15/2009 18 PROOF OF SERVICE filed by Defendant Quality Loan Service Corp,
re Declaration (nonmotion) 17 served on April 15, 2009. (Scott, David)
(Entered: 04/15/2009)
04/29/2009 19 FIRST STIPULATION Extending Time to Answer the complaint as to
Litton Loan Servicing LLP answer now due 5/20/2009, filed by
Defendant Litton Loan Servicing LLP. (Attachments: # 1 Proposed
Order)(Bivin, Chaise) (Entered: 04/29/2009)
04/29/2009 20 ORDER RE STIPULATION EXTENDING LITTON LOAN
SERVICING, LP'S DEADLINE TO FILE A RESPONSIVE
PLEADING by Judge Cormac J. Carney 19 . Defendant Litton Loan
Servicing, LLP shall have until 04/10/2009 to file a motion to dismiss or
othewise respond to the complaint. (db) (Entered: 04/30/2009)
05/15/2009 21 NOTICE OF MOTION AND MOTION of Stephen F. Dial to Withdraw
as Attorney filed by plaintiff Richard Shelley. Motion set for hearing on
6/8/2009 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #
1 Declaration Declaration of Stephen F. Dial, # 2 Proposed Order
Allowing Stephen F. Dial to Withdraw As Counsel of Record)(Dial,
Stephen) (Entered: 05/15/2009)
05/15/2009 22 PROOF OF SERVICE Executed by Plaintiff Richard Shelley, upon
Quality Loan Service Corp served on 3/11/2009, answer due 3/31/2009.
Original Summons not returned. (Dial, Stephen) (Entered: 05/15/2009)
05/15/2009 23 PROOF OF SERVICE Executed by Plaintiff Richard Shelley, upon
Litton Loan Servicing LLP served on 3/11/2009, answer due 5/20/2009.
Original Summons not returned. (Dial, Stephen) (Entered: 05/15/2009)
05/19/2009 24 NOTICE OF DISCREPANCY AND ORDER: by Judge Cormac J.
Carney, ORDERING Notice of Motion and Motion to Withdraw as
Counsel, Proposed Order and Declaration of Stephen F. Dial submitted
by Plaintiff Richard Shelley received on 5/15/2009 is not to be filed but
instead rejected. Denial based on: Case is designated for efiling pursuant
to General Order 0802. (lwag) (Entered: 05/20/2009)
05/20/2009 25 NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to
State A Claim Upon Which Relief Can Be Granted [FRCP 12(B)(6)]
filed by Defendant Litton Loan Servicing LLP. Motion set for hearing
on 6/8/2009 at 01:30 PM before Judge Cormac J. Carney. (Attachments:
# 1 Memo of Points &Authorities, # 2 Declaration of Chaise Bivin, # 3
Request for Judicial Notice, # 4 Proposed Order)(Bivin, Chaise)
(Entered: 05/20/2009)
Case: 8:09-cv-291 As of: 02/03/2010 09:23 AM PST 3 of 5
05/20/2009 26 NOTICE of Change of Hearing Date of Litton Loan Servicing, LLP's
Motion to Dismiss filed by Defendant Litton Loan Servicing LLP. [Date
changed from 6/8/09 to 6/15/09] (Bivin, Chaise) (Entered: 05/20/2009)
06/01/2009 27 NOTICE OF NONOPPOSITION to MOTION to Dismiss Case for
Failure to State A Claim Upon Which Relief Can Be Granted [FRCP
12(B)(6)] MOTION to Dismiss Case for Failure to State A Claim Upon
Which Relief Can Be Granted [FRCP 12(B)(6)] 25 filed by Plaintiff
Richard Shelley. (Attachments: # 1 Declaration of Stephen F.
Dial)(Dial, Stephen) (Entered: 06/01/2009)
06/05/2009 28 STIPULATION to Continue Hearings on Motion to Withdrawn and
Litton's Motion to Dismiss from June 8, 2009 to June 15, 2009 filed by
Defendant Litton Loan Servicing LLP. (Attachments: # 1 Proposed
Order)(Bivin, Chaise) (Entered: 06/05/2009)
06/08/2009 29 ORDER by Judge Cormac J. Carney: Upon stipulation 28 , the Court
orders that hearing on Stephen F. Dial's Motion to Withdraw as Counsel
21 shall be continued to 6/15/2009 at 1:30 PM. The Court further orders
that the hearing on Litton Loan Servicing, LP's Motion to Dismiss 25
shall be continued to 6/15/2009 at 1:30 PM as well. IT IS SO
ORDERED. (mu) (Entered: 06/12/2009)
06/15/2009 30 MINUTES OF granting 21 Motion to Withdraw as Attorney ; granting
25 Motion to Dismiss Case without leave to amend; Motion Hearing
held before Judge Cormac J. CarneyCourt Reporter: Maria Dellaneve.
(ade) (Entered: 06/16/2009)
06/15/2009 31 ORDER Allowing Stephen F Dial to Withdraw as Counsel of Record by
Judge Cormac J. Carney. Upon motion of Stephen F Dial of this court
for permission to withdraw as counsel for plaintiff 21 , it is ORDERED
that Stephen F Dial be allowed to withdraw as counsel for plaintiff. (db)
(Entered: 06/16/2009)
06/16/2009 32 NOTICE OF LODGING filed [Lodging Order Granting Litton Loan
Servicing LLPs Motion to Dismiss] re MOTION to Dismiss Case for
Failure to State A Claim Upon Which Relief Can Be Granted [FRCP
12(B)(6)] MOTION to Dismiss Case for Failure to State A Claim Upon
Which Relief Can Be Granted [FRCP 12(B)(6)] 25 (Attachments: # 1
Proposed Order)(Bivin, Chaise) (Entered: 06/16/2009)
06/17/2009 33 ORDER DISMISSING CASE by Judge Cormac J. Carney. Littons
motion to dismiss is granted without leave to amend and this complaint
is dismissed with prejudice. See order for details. (Made JS6. Case
Terminated.) (smi) (Entered: 06/18/2009)
06/22/2009 34 PROOF OF SERVICE filed by Plaintiff Richard Shelley, re Order, 31
Allowing Stephen F. Dial to Withdraw as Counsel of Record served on
June 19, 2009. (Dial, Stephen) (Entered: 06/22/2009)
06/23/2009 35 Certificate of Service of Order Granting Litton Loan Servicing LP's
Motion to Dismiss filed by Defendant Litton Loan Servicing LLP
(Bivin, Chaise) (Entered: 06/23/2009)
06/26/2009 36 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed
Documents. The following error(s) was found: Incorrect event selected
RE: Miscellaneous Document 35 . In response to this notice the court
may order (1) an amended or correct document to be filed (2) the
document stricken or (3) take other action as the court deems
appropriate. (twdb) (Entered: 06/26/2009)
07/16/2009 37 NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Richard
Shelley. Appeal of Order Dismissing Case, Terminated Case 33 Filed
On: 6/17/09; Entered On: 6/18/09; Filing fee $ 455. Billed. (lr) (Entered:
07/21/2009)
07/21/2009 38 NOTIFICATION by Circuit Court of Appellate Docket Number
0956133, 9th CCA regarding Notice of Appeal to 9th Circuit Court of
Case: 8:09-cv-291 As of: 02/03/2010 09:23 AM PST 4 of 5
Appeals 37 as to Plaintiff Richard Shelley. (lr) (Entered: 07/22/2009)
07/23/2009 39 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of
Appeals 37 as to Plaintiff Richard Shelley; Receipt Number: 17971,
PAID in the amount of $455. (lr) (Entered: 07/27/2009)
Case: 8:09-cv-291 As of: 02/03/2010 09:23 AM PST 5 of 5
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES GENERAL

Case No. SACV 09-00291-CJ C(ANx) Date: March 10, 2009

Title: RICHARD SHELLEY v. QUALITY LOAN SERVICE CORP., FREMONT
INVESTMENT & LOAN, LITTON LOAN SERVICING LLP
PRESENT:

HONORABLE CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE

Michelle Urie N/A
Deputy Clerk Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT:

None Present None Present

PROCEEDINGS: (IN CHAMBERS) ORDER DENYING PLAINTIFFS EX
PARTE APPLICATION FOR A TEMPORARY RESTRAINING ORDER AND
ORDER TO SHOW CAUSE REGARDING A PRELIMINARY INJUNCTION
[filed 03/09/09]

This action arises from a dispute over the refinancing of and attempted foreclosure
upon the home of Plaintiff Richard Shelley by Defendants Quality Loan Service Corp.
(Quality), Fremont Investment & Loan (Fremont), and Litton Loan Servicing LLP
(Litton) (collectively Defendants). Mr. Shelley entered into a loan agreement with
Fremont on May 26, 2006, for a mortgage on his property at 6721 Tillamook Ave.,
Westminster, CA 92683 (the Property). (Compl. 9, 11.) In J uly of 2008, Fremont
assigned the loan to Litton. (Compl. 14.) On February 20, 2009 Quality posted a
notice of Trustees sale for the Property to be held on March 11, at noon. On March 9,
2009 Mr. Shelley filed a Complaint in this Court alleging that Defendants violated the
federal Truth in Lending Act, 15 U.S.C. 1601 et seq., by failing to deliver a proper
notice of Mr. Shelleys right of rescission, failing to include more than $6,000 of fees in
its disclosure statement, by improperly neglecting to include those fees when calculating
the annual percentage rate, and by failing to rescind the loan as requested by Mr. Shelley
in November, 2008. (Compl. 26.)

Mr. Shelley now moves the Court for a temporary restraining order and order to
show cause regarding a preliminary injunction to enjoin the trustees sale from going
forward on March 11, 2009. Mr. Shelley has not provided proof of service to Defendants
of his ex parte application, nor has he stated that Defendants have received any notice of
his application. Instead, Mr. Shelleys counsel states that he does not know who
Case 8:09-cv-00291-CJC-MLG Document 3 Filed 03/10/2009 Page 1 of 4
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES GENERAL

Case No. SACV 09-00291-CJ C(ANx) Date: March 10, 2009
Page 2

Defendants counsel are, and that he has sent Defendants a one-page letter via facsimile
machine informing them of his intent to file a lawsuit and an ex parte application for a
temporary restraining order. (Decl. of Steven Dial, March 6, 2009.)

LEGAL STANDARD

To obtain preliminary injunctive relief, the moving party must establish the
existence of serious questions going to the merits and that the balance of hardships tips
sharply in his favor. Brookfield Communications, Inc. v. West Coast Entmt Corp., 174
F.3d 1036, 1046 (9th Cir. 1999). The greater the balance of hardships tips in favor of the
moving party the less of a showing of serious questions the moving part must make.
Apple Computer, Inc. v. Formula Intl, Inc., 562 F. Supp. 775, 783 (C.D. Cal. 1983),
affd, 725 F.2d 521 (9th Cir. 1984) (citing Los Angeles Meml Coliseum Commn v. Natl
Football League, 634 F.2d 1197, 1201 (9th Cir. 1980). R. Shelley has failed to meet his
burden of showing serious questions going to the merits or that the balance of hardships
tip in his favor.

ANALYSIS

A. No Serious Questions Going to the Merits

Mr. Shelleys claim for damages under TILA is time barred. Actions by private
individuals to collect damages under TILA must be brought within a year of the lenders
alleged violation of the law. 15 U.S.C. 1640(e). Any action under this section may be
brought in any United States district court, or in any other court of competent jurisdiction,
within one year from the date of the occurrence of the violation. Id. Mr. Shelley has not
submitted any evidence of equitable tolling. Mr. Shelley entered into this mortage in
May, 2006. He filed suit in March, 2009, more than one year later. His claims for
damages under TILA that stem from his initial mortgage transaction are, therefore, time-
barred.

Additionally, Mr. Shelley also has not stated a claim for rescission under TILA
because he has failed to allege that he has tendered the borrowed funds back to
Defendants, and he has not provided any evidence that he has the means or intent to
tender the funds back to Defendants. Rescission is an equitable doctrine. A claim for
rescission requires a plaintiff to allege that the plaintiff can or will tender the borrowed
Case 8:09-cv-00291-CJC-MLG Document 3 Filed 03/10/2009 Page 2 of 4
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES GENERAL

Case No. SACV 09-00291-CJ C(ANx) Date: March 10, 2009
Page 3

funds back to the lender. See Yamamoto v. Bank of New York, 339 F.3d 1167 (9th Cir.
2003) (rescission should be conditioned on repayment of the amounts advanced by the
lender.) See also Am. Mortgage Network v. Shelton, 486 F.3d 815, 821 (4th Cir. 2007)
(The equitable goal of rescission under TILA is to restore the parties to the status quo
ante.) (citations omitted). Mr. Shelley has not alleged that he has made such an offer or
contemplates making such an offer.

Even if Mr. Shelley were able to state a valid claim under the Truth in Lending
Act for any violations not barred by the statute of limitations, the likely remedy for that
claim would be damages, not a bar on the foreclosure on the Property.

B. The Balance of the Hardships

Mr. Shelley has also failed to show that the balance of the hardships tips sharply in
his favor and that a temporary restraining order is warranted without giving Defendants
notice and an opportunity to be heard. Federal Rule of Civil Procedure 65(b) states that a
court may grant a temporary restraining order without notice to the adverse party only if:

(A) specific facts in an affidavit or a verified complaint clearly show that
immediate and irreparable injury, loss, or damage will result to the movant
before the adverse party can be heard in opposition; and

(B) the movant's attorney certifies in writing any efforts made to give notice
and the reasons why it should not be required.

Fed. R. Civ. P. 65(b)(1). Furthermore, when a party moves for emergency relief, Local
Rules require that before the filing of the motion, the movant shall make every
practicable effort to notify and serve, using the quickest method available, both the clerk
of the district court and opposing counsel. Local Rule 6.3.3.1. The moving party is also
required to state when and how counsel for the other parties were notified and whether
they have been served, or if not notified and served, why that was not done. Local Rule
6.3.3.3. Here, the sole explanation provided for Mr. Shelleys failure to serve opposing
counsel is that Mr. Shelley does not know the identities of Defendants counsel. Mr.
Shelley has not put forth any evidence of the efforts he made to determine the identities
of these individuals or the reason why he did not, at the very least, serve Defendants with
his application for emergency relief.
Case 8:09-cv-00291-CJC-MLG Document 3 Filed 03/10/2009 Page 3 of 4
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES GENERAL

Case No. SACV 09-00291-CJ C(ANx) Date: March 10, 2009
Page 4

Because Mr. Shelley has not provided a copy of the notice of default, it is unclear
how long ago Mr. Shelley received notice of his alleged default. In his memorandum of
points and authorities, however, Mr. Shelley argues that Defendants originally attempted
to foreclose in J une, 2008. That means that Mr. Shelley has been engaged in this dispute
for at least nine months. Yet Mr. Shelley waited until 4 p.m. on March 9, 2009, less than
48 hours before the scheduled trustees sale, to file this Complaint and ex parte
application, without the courtesy of proper notice to Defendants. Mr. Shelley has had
ample time to bring this suit, but chose to wait until the eve of foreclosure, when
Defendants could not practicably be noticed of this proceeding. Granting the ex parte
application in light of Mr. Shelleys dilatory behavior would be unjust and amount to a
denial of Defendants due process.

Delaying this process further will cause harm to Defendants. Defendants loaned
Mr. Shelley $440,000, performing their part of the lending agreement. Their loan was
guaranteed by a security interest on the Property. Mr. Shelley has presented no evidence
that Defendants do not have a right to foreclose on this property, nor has Mr. Shelley
provided evidence that he has complied with his end of the agreement by making timely
payments on the mortgage. The more time elapses in the current market, the more the
value of the Property, and the associated security interest, depreciate. At some point,
Defendants must be permitted to exercise their right to foreclose on the property.
Granting this temporary restraining order to Mr. Shelley would damage Defendants,
tipping the balance of hardships in Defendants favor, and not in favor of Mr. Shelley.

CONCLUSION

For the foregoing reasons, Mr. Shelleys ex parte application is DENIED.

jls

MINUTES FORM 11
CIVIL-GEN Initials of Deputy Clerk mu
Case 8:09-cv-00291-CJC-MLG Document 3 Filed 03/10/2009 Page 4 of 4
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES GENERAL

Case No. SACV 09-000291-CJ C(ANx) Date: March 11, 2009

Title: RICHARD SHELLEY v. QUALITY LOAN SERVICE CORP., FREMONT
INVESTMENT & LOAN, LITTON LOAN SERVICING LLP
PRESENT:

HONORABLE CORMAC J. CARNEY, UNITED STATES DISTRICT JUDGE

Michelle Urie N/A
Deputy Clerk Court Reporter

ATTORNEYS PRESENT FOR PLAINTIFF: ATTORNEYS PRESENT FOR DEFENDANT:

None Present None Present

PROCEEDINGS: (IN CHAMBERS) AMENDED ORDER DENYING
PLAINTIFFS EX PARTE APPLICATION FOR A TEMPORARY
RESTRAINING ORDER AND ORDER TO SHOW CAUSE REGARDING A
PRELIMINARY INJUNCTION [filed 03/09/09]

This action arises from a dispute over the refinancing of and attempted foreclosure
upon the home of Plaintiff Richard Shelley by Defendants Quality Loan Service Corp.
(Quality), Fremont Investment & Loan (Fremont), and Litton Loan Servicing LLP
(Litton) (collectively Defendants). Mr. Shelley entered into a loan agreement with
Fremont on May 26, 2006, for a mortgage on his property at 6721 Tillamook Ave.,
Westminster, CA 92683 (the Property). (Compl. 9, 11.) In J uly of 2008, Fremont
assigned the loan to Litton. (Compl. 14.) On February 20, 2009 Quality posted a
notice of Trustees sale for the Property to be held on March 11, at noon. On March 9,
2009 Mr. Shelley filed a Complaint in this Court alleging that Defendants violated the
federal Truth in Lending Act, 15 U.S.C. 1601 et seq., by failing to deliver a proper
notice of Mr. Shelleys right of rescission, failing to include more than $6,000 of fees in
its disclosure statement, by improperly neglecting to include those fees when calculating
the annual percentage rate, and by failing to rescind the loan as requested by Mr. Shelley
in November, 2008. (Compl. 26.)

Mr. Shelley now moves the Court for a temporary restraining order and order to
show cause regarding a preliminary injunction to enjoin the trustees sale from going
forward on March 11, 2009. Mr. Shelley has not provided proof of service to Defendants
of his ex parte application, nor has he stated that Defendants have received any notice of
his application. Instead, Mr. Shelleys counsel states that he does not know who
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES GENERAL

Case No. SACV 09-000291-CJ C(ANx) Date: March 11, 2009
Page 2

Defendants counsel are, and that he has sent Defendants a one-page letter via facsimile
machine informing them of his intent to file a lawsuit and an ex parte application for a
temporary restraining order. (Decl. of Steven Dial, March 6, 2009.)

LEGAL STANDARD

To obtain preliminary injunctive relief, the moving party must establish the
existence of serious questions going to the merits and that the balance of hardships tips
sharply in his favor. Brookfield Communications, Inc. v. West Coast Entmt Corp., 174
F.3d 1036, 1046 (9th Cir. 1999). The greater the balance of hardships tips in favor of the
moving party the less of a showing of serious questions the moving part must make.
Apple Computer, Inc. v. Formula Intl, Inc., 562 F. Supp. 775, 783 (C.D. Cal. 1983),
affd, 725 F.2d 521 (9th Cir. 1984) (citing Los Angeles Meml Coliseum Commn v. Natl
Football League, 634 F.2d 1197, 1201 (9th Cir. 1980). R. Shelley has failed to meet his
burden of showing serious questions going to the merits or that the balance of hardships
tip in his favor.

ANALYSIS

A. No Serious Questions Going to the Merits

Mr. Shelleys claim for damages under TILA is time barred. Actions by private
individuals to collect damages under TILA must be brought within a year of the lenders
alleged violation of the law. 15 U.S.C. 1640(e). Any action under this section may be
brought in any United States district court, or in any other court of competent jurisdiction,
within one year from the date of the occurrence of the violation. Id. Mr. Shelley has not
submitted any evidence of equitable tolling. Mr. Shelley entered into this mortage in
May, 2006. He filed suit in March, 2009, more than one year later. His claims for
damages under TILA that stem from his initial mortgage transaction are, therefore, time-
barred.

Additionally, Mr. Shelley also has not stated a claim for rescission under TILA
because he has failed to allege that he has tendered the borrowed funds back to
Defendants, and he has not provided any evidence that he has the means or intent to
tender the funds back to Defendants. Rescission is an equitable doctrine. A claim for
rescission requires a plaintiff to allege that the plaintiff can or will tender the borrowed
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES GENERAL

Case No. SACV 09-000291-CJ C(ANx) Date: March 11, 2009
Page 3

funds back to the lender. See Yamamoto v. Bank of New York, 339 F.3d 1167 (9th Cir.
2003) (rescission should be conditioned on repayment of the amounts advanced by the
lender.) See also Am. Mortgage Network v. Shelton, 486 F.3d 815, 821 (4th Cir. 2007)
(The equitable goal of rescission under TILA is to restore the parties to the status quo
ante.) (citations omitted). Mr. Shelley has not alleged that he has made such an offer or
contemplates making such an offer.

Even if Mr. Shelley were able to state a valid claim under the Truth in Lending
Act for any violations not barred by the statute of limitations, the likely remedy for that
claim would be damages, not a bar on the foreclosure on the Property.

B. The Balance of the Hardships

Mr. Shelley has also failed to show that the balance of the hardships tips sharply in
his favor and that a temporary restraining order is warranted without giving Defendants
notice and an opportunity to be heard. Federal Rule of Civil Procedure 65(b) states that a
court may grant a temporary restraining order without notice to the adverse party only if:

(A) specific facts in an affidavit or a verified complaint clearly show that
immediate and irreparable injury, loss, or damage will result to the movant
before the adverse party can be heard in opposition; and

(B) the movant's attorney certifies in writing any efforts made to give notice
and the reasons why it should not be required.

Fed. R. Civ. P. 65(b)(1). Furthermore, when a party moves for emergency relief, Local
Rules require that before the filing of the motion, the movant shall make every
practicable effort to notify and serve, using the quickest method available, both the clerk
of the district court and opposing counsel. Local Rule 6.3.3.1. The moving party is also
required to state when and how counsel for the other parties were notified and whether
they have been served, or if not notified and served, why that was not done. Local Rule
6.3.3.3. Here, the sole explanation provided for Mr. Shelleys failure to serve opposing
counsel is that Mr. Shelley does not know the identities of Defendants counsel. Mr.
Shelley has not put forth any evidence of the efforts he made to determine the identities
of these individuals or the reason why he did not, at the very least, serve Defendants with
his application for emergency relief.
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

CIVIL MINUTES GENERAL

Case No. SACV 09-000291-CJ C(ANx) Date: March 11, 2009
Page 4

Because Mr. Shelley has not provided a copy of the notice of default, it is unclear
how long ago Mr. Shelley received notice of his alleged default. In his memorandum of
points and authorities, however, Mr. Shelley argues that Defendants originally attempted
to foreclose in J une, 2008. That means that Mr. Shelley has been engaged in this dispute
for at least nine months. Yet Mr. Shelley waited until 4 p.m. on March 9, 2009, less than
48 hours before the scheduled trustees sale, to file this Complaint and ex parte
application, without the courtesy of proper notice to Defendants. Mr. Shelley has had
ample time to bring this suit, but chose to wait until the eve of foreclosure, when
Defendants could not practicably be noticed of this proceeding. Granting the ex parte
application in light of Mr. Shelleys dilatory behavior would be unjust and amount to a
denial of Defendants due process.

Delaying this process further will cause harm to Defendants. Defendants loaned
Mr. Shelley more than $264,000, performing their part of the lending agreement. Their
loan was guaranteed by a security interest on the Property. Mr. Shelley has presented no
evidence that Defendants do not have a right to foreclose on this property, nor has Mr.
Shelley provided evidence that he has complied with his end of the agreement by making
timely payments on the mortgage. The more time elapses in the current market, the more
the value of the Property, and the associated security interest, depreciate. At some point,
Defendants must be permitted to exercise their right to foreclose on the property.
Granting this temporary restraining order to Mr. Shelley would damage Defendants,
tipping the balance of hardships in Defendants favor, and not in favor of Mr. Shelley.

CONCLUSION

For the foregoing reasons, Mr. Shelleys ex parte application is DENIED.

jls

MINUTES FORM 11
CIVIL-GEN Initials of Deputy Clerk mu


15303/0025/721311.2
Order re Stipulation Extending Littons Deadline To File A Responsive Pleading
Case No.: SACV09-291 CJ C (ANx)

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UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA

RICHARD SHELLEY

Plaintiff,

vs.

QUALITY LOAN SERVICE CORP.,
FREMONT INVESTMENT & LOAN,
LITTON LOAN SERVICING,LLP,

Defendants.

Case No.: SACV09-291 CJ C (ANx)
Hon. Carmac J . Carney
Ctrm 9B- Santa Ana


[PROPOSED] ORDER RE
STIPULATION EXTENDING
LITTON LOAN SERVICING,
LPS DEADLINE TO FILE A
RESPONSIVE PLEADING

Complaint filed: March 9, 2009












- 2 -
15303/0025/721311.2
Order re Stipulation Extending Littons Deadline To File A Responsive Pleading
Case No.: SACV09-291 CJ C (ANx)

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Upon stipulation and good cause appearing, the Court orders that Defendant
Litton Loan Servicing, LLP shall have until April 10, 2009, to file a motion to dismiss
or otherwise respond to the complaint in the above-captioned case.
IT IS SO ORDERED.


Dated: April 3, 2009 By: __
THE HON. CARMAC J . CARNEY
District J udge
UNITED STATES DISTRICT COURT


Dear Trustee, Date April 1, 2009
Notice of Extended Rescission of the loan numbers
1000321997, 40191066, MERS MJ.N. 1001944-1000321997-4 and Deed of
Trust recorded 5/26/2006 as Instrument No. 2006000359250 of the Official
Records in the office of the Recorder of ORANGE County, California
We recently sent you a signed rescission form by way of fax and you did not
respond. This notice shall be used as an Official Notification of offer to tender
property known as 6721 Tillamook Westminster California 92683 A.P.N.203-491-20
provided that you return the original Note, Deed of Trust, applicable Riders, all
original documentation received from prior lender known as Frank Livacich in
connection with the loan closing and all proceeds from the loan consumption in
addition to interest and payments you've received under the note. By not including
an expiration date on the three day right of rescission form is a violation of The
Truth In Lending Act which extends our rescission right for up to three years this
shall be effective notice to all parties in interest effective as of the date of your
signatory receipt. In addition to the above requested before tender is made you must
record a release of mortgage in the local county records where the property is
located and tender must be made at the location of the property as we are choosing
to make that request. Please be advised that we also reserve the right to tender the
funds in exchange for release of the security interest on the property so please do the
proper accounting calculations so as we might be able to readily settle this
agreement in this case. enclosed are copies of our signed forms of rescission with no
expiration date, prompt response within twenty days of receipt of this notice is
demanded.
Respectfully Philip .1. Shelley & Richard L. Shelley
Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
A. Signature
x
FRANCIS BLACKSHEAR
Print your name and address on the reverse
so that we can return the card to you.
Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
B. Received by ( Printed Name)
L l LoCvA S,erVI (, p
CerJrr;.1 D("
tJQi/I. --\ ....>G

Postage $

Cer1lfiedFee $2.70

Return Receipt Fee
(Endorsement Required)
Restricted Delivery Fee 1------:- $.,::- ) .-::- Ol-=- ) -I
(Endorsement Required) 1--____ -1

Certified Mail
DR istered
o Insured Mail
4. Restricted Delivery? (Extra Fee)
Tot .. 1 Postage & Fee .. __ $_.5_. 3_2....1
o Yet'-
o

2. Article Number
f'-
(Transfer from-seNic
A
l
PS Form 3811, February 2004
. Domestic Return Receipt
102595-(
03
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15303/0025/738790.1
-1- [Proposed] Order Granting Littons Motion To Dismiss
Case No.: SACV09-291 CJ C (ANx

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J S-6











UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
RICHARD SHELLEY

Plaintiff,

vs.

QUALITY LOAN SERVICE CORP.,
FREMONT INVESTMENT & LOAN,
LITTON LOAN SERVICING, LLP,

Defendants.

Case No.: SACV09-291 CJ C (ANx)
Hon. Carmac J . Carney
Ctrm 9B - Santa Ana

[PROPOSED] ORDER GRANTING
LITTON LOAN SERVICING, LPS
MOTION TO DISMISS FOR
FAILURE TO STATE A CLAIM
UPON WHICH RELIEF CAN BE
GRANTED (FRCP 12(b)(6))



Complaint filed: March 9, 2009











15303/0025/738790.1
-2- [Proposed] Order Granting Littons Motion To Dismiss
Case No.: SACV09-291 CJ C (ANx

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Defendant Litton Loan Servicing, L.P. (Litton) seeks to dismiss plaintiff
Richard Shelleys complaint on the basis that the allegations in the complaint fail to
state a claim upon which relief can be granted. This Court considered Littons Fed.
R. Civ. P. 12(b)(6) motion to dismiss, Mr. Shelleys notice of non-opposition to
Littons motion, Littons request for judicial notice, and the oral arguments of the
parties at the J une 15, 2009 hearing. For the reasons discussed below, this Court
GRANTS Littons motion to dismiss without leave to amend and DISMISSES this
action with prejudice.
I. FACTUAL BACKGROUND
In or about May 2006, Mr. Shelley refinanced his property, located at 6721
Tillamook Avenue, Westminster, CA 92683 (the Property), by borrowing
$273,000 (the Loan) from Fremont Investment & Loan (Fremont). See
Compl., 9-11. The Loan was secured by a deed of trust recorded on the
Property. See Request for J udicial Notice (RJ N), Ex. A (Deed of Trust). On or
about J uly 10, 2008, Fremont allegedly assigned the Loan to Litton. See Compl.,
14. Mr. Shelley fell behind in his mortgage payments, and on November 7, 2008, a
notice of default and election to sell under deed of trust was recorded. See RJ N, Ex.
B (Notice of Default and Election to Sell under Deed of Trust). Mr. Shelley did not
bring his loan account current, and on February 19, 2009, a notice of trustees sale
was recorded, setting the trustees sale for March 11, 2009. See Compl., 15; RJ N,
Ex. C (Notice of Trustees Sale).
Mr. Shelley now claims that during the course of the Loan transaction,
Fremont failed to deliver to him two proper copies of a notice of the right to
rescind. See Compl., 17. Mr. Shelley further claims that the disclosure statement
issued did not include $6,485.00 in broker/application/processing fees, improperly
disclosed the amount financed, and improperly calculated the annual percentage
rate. Id., 17, 18.

15303/0025/738790.1
-3- [Proposed] Order Granting Littons Motion To Dismiss
Case No.: SACV09-291 CJ C (ANx

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Mr. Shelley sent Litton a letter on November 26, 2008 attempting to rescind
the Loan. Id., 22. Mr. Shelley alleges that Litton has failed to return any money
paid or terminate its security interest as required by 15 U.S.C. 1635(b);
Regulation Z 226.15(d)(3), 226.23(d)(3). Id., 25, 26. Mr. Shelley, however,
did not offer to tender the amount due under the Loan as required by the Truth in
Lending Act (TILA).
II. DISCUSSION
A. Pleading And Motion To Dismiss Standard
Under Federal Rules of Civil Procedure, Rule 8(a), to avoid dismissal, a
complaint must include enough facts to state a claim to relief that is plausible on
its face. Bell Atlantic Co. v. Twombly, 550 U.S. 544, 547 (2007) (Twombly).
Stated differently, a plaintiff must plead sufficient facts to provide the grounds of
his entitle[ment] to relief, [which] requires more than labels and conclusions, and
[for which] a formulaic recitation of the elements of a cause of action will not do.
Id. at 555 (citation omitted). Thus, a complaint cannot simply le[ave] open the
possibility that a plaintiff might later establish some set of undisclosed facts' to
support recovery. Id. at 561 (citation omitted). Rather, the facts set forth in the
complaint must be sufficient to nudge the [ ] claims across the line from
conceivable to plausible. Id. at 570.
A motion to dismiss tests the legal sufficiency of the claims alleged in the
complaint. Cairns v. Franklin Mint Co., 24 F.Supp.2d 1013, 1023 (C.D. Cal.
1998). A claim is properly dismissed for lack of a cognizable legal theory,
absence of sufficient facts alleged under a cognizable legal theory, or seeking
remedies to which plaintiff is not entitled as a matter of law. Balistreri v. Pacifica
Police Dept., 901 F.2d 696, 699 (9th Cir. 1988); King v. California, 784 F.2d 910,
913 (9th Cir. 1986).
Although facts properly alleged must be construed most favorably to
plaintiff, conclusory allegations of law and unwarranted inferences are not

15303/0025/738790.1
-4- [Proposed] Order Granting Littons Motion To Dismiss
Case No.: SACV09-291 CJ C (ANx

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sufficient to defeat a motion to dismiss. Associated Gen. Contractors v. Metro.
Water Dist., 159 F.3d 1178, 1181 (9th Cir.) (citation omitted). [T]he court is not
required to accept legal conclusions cast in the form of factual allegations if those
conclusions cannot reasonably be drawn from the facts alleged. Clegg v. Cult
Awareness Network, 18 F.3d 752, 754-55 (9th Cir. 1994).
In the complaint, Mr. Shelley alleges a single cause of action, violation of
TILA for rescission and damages which cannot withstand Littons Motion to
Dismiss.
B. Mr. Shelleys TILA Claim
TILA provides two private remedies: damages and rescission. Here, Mr.
Shelley seeks both. Mr. Shelleys TILA claim for damages fails because it is time-
barred. Mr. Shelleys claim for rescission fails because he does not allege that he
has the ability to tender the principal under the Loan, a necessary element to
effectuate rescission.
[A]n action for damages under TILA must be brought within one year from
the alleged violation. Eubanks v. Liberty Mortgage Banking Ltd., 976 F. Supp.
171, 174 (E.D. NY 1997) (citing 15 U.S.C. 1640(e)). The violation occurs and
the one-year limitations period accrues upon consummation of the loan. Betancourt
v. Countrywide Home Loans, Inc., 344 F. Supp.2d 1253, 1258 (D.Colo. 2004).
Mr. Shelley admits that the Loan was consummated in May 2006. See
Compl., 9-11. Mr. Shelley did not file this instant lawsuit until March 9, 2009
almost three years after the closing of the Loan. Mr. Shelley has not alleged or
argued that the applicable statute of limitations should be equitably tolled.
Accordingly, Mr. Shelleys TILA claim for damages is time-barred.
Additionally, Mr. Shelleys claim for rescission under TILA fares no better.
Rescission is an equitable doctrine. It requires a plaintiff to allege that the plaintiff
can or will tender the borrowed funds back to the lender. See Yamamoto v. Bank of
New York, 329 F.3d 1167, 1171 (9th Cir. 2003) (rescission should be conditioned

15303/0025/738790.1
-5- [Proposed] Order Granting Littons Motion To Dismiss
Case No.: SACV09-291 CJ C (ANx

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on repayment of the amounts advanced by the lender.). See also Am. Mortgage
Network v. Shelton, 486 F.3d 815, 821 (4th Cir. 2007) (The equitable goal of
rescission under TILA is to restore the parties to the status quo ante.) (citations
omitted). Mr. Shelley has not alleged that he has made such an offer or
contemplates making such an offer. Accordingly, Mr. Shelleys rescission claim
under TILA fails as well.
Further, it is apparent that any amendment to the complaint would be futile.
As discussed above, the TILA damages claim is time-barred, and Mr. Shelley has
not alleged that he can tender or contemplates tendering the amount he borrowed to
state a rescission claim. As such, it is appropriate to grant Littons motion to
dismiss without leave to amend. See, e.g Steckman v. Hart Brewing, Inc., 143 F.3d
1293, 1298 (9th Cir.1998) (leave to amend need not be granted when amendment
would be futile). In addition, this Court notes that Mr. Shelley has refused to
actively participate in this suit and exhibits a general disinterest to the prosecution
or resolution of this matter. Accordingly, Littons motion to dismiss is granted
without leave to amend and this complaint is dismissed with prejudice.
IT IS SO ORDERED.

DATED: J une 17, 2009 By:
Honorable Cormac J . Carney
UNITED STATES DISTRICT COURT
J UDGE

CLOSED
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
(Southern Division Santa Ana)
CIVIL DOCKET FOR CASE #: 8:09cv01261UADUTY
Tillamook Partnership v. Richard Shelley
Assigned to: Judge Unassigned
Referred to: Duty Magistrate Judge
Case in other court: Orange County Superior Court, 00307545
Cause: 28:1331 Forma Pauperis Denial
Date Filed: 10/30/2009
Date Terminated: 11/06/2009
Jury Demand: None
Nature of Suit: 220 Real Property:
Foreclosure
Jurisdiction: Federal Question
Plaintiff
Tillamook Partnership represented by Steven D Silverstein
Steven D Silverstein Law Offices
14351 Redhill Avenue, Suite G
Tustin , CA 92680
7148323651
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
Richard Shelley represented by Richard Shelley
6721 Tillamook Avenue
Westminster, CA 92368
7143794876
PRO SE
Date Filed # Docket Text
10/30/2009 1 REQUEST to Proceed In Forma Pauperis, with Declaration in Support filed by
defendant Richard Shelley. Lodged proposed order. (Attachments: # 1 lodged
complaint, # 2 Civil Cover Sheet)(twdb) (Additional attachment(s) added on 11/3/2009:
# 3 lodged cert) (twdb). (Entered: 11/03/2009)
11/03/2009 RECOMMENDATION issued by Magistrate Judge Arthur Nakazato re REQUEST to
Proceed In Forma Pauperis, Declaration in Support 1 . Proposed Order forwarded to the
District Judge for approval.(mca) (Entered: 11/03/2009)
11/06/2009 2 ORDER Denying Leave to File Action Without Prepayment of Fling Fee by Judge
Audrey B. Collins 1 . MD JS6, Case Terminated. (db) (Entered: 11/10/2009)
Case: 8:09-cv-01261-UA-DUTY As of: 02/03/2010 04:18 PM PST 1 of 1
I I
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Uniform Residential Appraisal Report File'" 67TIOe

This report form is designed to report an appraisal of a one-unit property or a one-unil property with an accessory unil;
including a unit in a planned unit development (PUD), This ril:port form is not designed to report an appraisal of a
manufactured home or a unit in a condominium or cooperative prOject
This appraisal report 15 subject tD the !ollowing scope of worK, intended use, intended user, definition of market value,
statement of assumptions and limiting conditions, and MOdifications, additions, or deletions to the intended
use, intended user, definition of market value, or asSumptions and limiting conditions are nal permitted" The appraiser may
expand the scope 01 work to inClude any aaditional research or analysis necessary based on the complexity 01 this appraisal
assignment. Modifications or deletior.s to the certifications are also not permilled" Hawevel, additional certitlcatiolls that dO
not constitute material alterations to this appraisal report, such as mose required by law or those related to the appraiser's
continuing education or memberShip in an appraisal orgallizalion, are
SCOPE OFWORK: The scope 01 work for this appraisal IS delined by the complexity at this appraisal assignment and the
reporting requirements of thiS appraisal report torm, inClUding the follOWing definition of market value, statement of
assumptions and limiting conditions, and certifications, The appraiser must, at aminimum: (1) perlorm a complete visual
inspection of the interior and exterior areas 01 the sublect property, (21 inspect the neignborhOod, (3) inspect eacn of the
comparable sales from at least the street, (4) research, verify, and analyze data lrom reliable public and/or private sources,
and (5) report his or her analysis. opinions, and conclUSions in this appraiSal report,
INTENDED USE: The intended use of this appraisal report is lor the lender/client to evaluate the property that is the
subject at this appraisal tor a mortgage finance transaction.
INTENDEDUSER: The intended user 01 this appraisal report is the lender/client
DEFINITION OF MARKETVALUE: The most probable price which a property should orin9 in a competitive and open
market under all conditions requisite to afair sale, the buyer and selier, each actio9 prudently, knowtedgeably ana assuming
the price is not affected by undue stimulus" Implicit in this definition is the consummation 01 a sale as of a specified date and
the passing of title trom seller to buyer under conditions whereby; (1) buyer and seller are typically motivated; (2) both
parties are well informed or well advised, and eaCh acting in what he or she considers his or her own best interest; (3) a
reasonable time is alloweo lor exposure in the open marllet: (4) payment is made ill \erms 01 cash in U, S. aoilars or In terms
of financial arrangements comparable thereto: and (5) the price represents the noemal conSideration for the property sold
unat1ected by special or creative financing or sales concessions' granted by anyone associated with the sale,
Adjustments to the comparables must be made for special or creative tinancing or sales concessions, No aajustmenls are
necessary lor those costs which are normally paid by seilers as aresult of tradition orlaw in a market area; these costs are
readily identifiable since the seller pays these costs in virtually all sales transactions. Special or creative finanCing
adjustments can be made to the comparable property by comparisons to financing terms oNe red by a third party institutional
lender that is not already involved in the property or transaction" Any adjustment should not be calculated on a mechanical
dollar lor dollar cost 01 the financing or conceSSion but the dollar amount 01 any adjustment should approximate the marKet's
reaction to the financing or concessions based on the appraiser's judgment.
STATEMENTOFASSUMPTIONS AND LIMITING CONDITIONS: The appraiser's certification in this report is
subject [0 rhe tollowing assumptions and limiting conditions:
L The appraiser will not be responsible tor matters at a legal nature that affect eilher the property being appraised or the title
10 it, except lor inlormation that he or sne became aware ot during the research involved in perlorming this appraisaL The
appraiser assumes Ihat the title is good and marketable and will not render any opinions about the title"
2" The appraiser has provided a sketch tn this appraisal report 10 shOw Ihe approilmale dimensions at the Improvements,
The sketch Is inCluded only 10 assist the reader in Visualizing the property and understancling the appraiser'S determination
at itssize"
3" The appraiser has examined the available flood maps that are provided by the Federal Emergency Management Agency
(or other data sources) and has noted in this appraisal report whether any portion 01 the subject site is located in an
Identilied Special flood Hazard Area" Because the appraiser is not a surveyor, he or she makes no guarantees. express or
implied, regarding thiS determination.
4" The appraiser will not give testimony or appear ill court because he or she made an appraisal of the property in question,
untess specific arrangements to do so nave been made beforehand. or as otherwise required by law"
:;, The appraiser has noted in this appraisal report any adverse conditions (such as needed repairs, deterioration, the
presence of hazardous wastes, toxic substances, obsented during the inspection of the subjeci property or that he or
she oecame aware of during the research involved in performing the appraisat Unless otherwise stated in this appraisal
repon, the appraiser has no knowledge of any hidden or unapparent physical defiCiencies or adverse COnditions of the
property (suCh as, but not limited to, needed repairs, deterioration, the presence ot hazardous wastes, toxic substances,
adverse environmental conditions, etc,) that would make the property less valuable, and has assumed that there are no such
conditIOns and makes no guarantees or warramies, express or implied" The appraiser will not be responsible for any such
conditions Iha\ do exist or tor any engineering or testing that might be required 10 discover whether such conditions exist
Because the appraiser is not an expert in the field of environmental hazards, this appraisal report must not be conSidered as
an environmental assessment of the property
6 The appraiser has based his or her appraisal repon and valuation conctusion lor an appraisal that is 5uolecl 10 satisfactory
completion, repairs. or alterations on the assumption that the completion, repairs, or al1eratlons of the sublect property will
be pertormed in a prolesslonal manneL
fredOieMacForm 70March 2005 Page4016 FannmMae Form 1004March 2005
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CiZi\GUI-06i1i:l!2006
,
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Uniform Residential Appraisal Re-'port FileII 67T1!)1)
APPRAISER'SCERTIFICATION: The Appraiser certifias and that:
,. I have, at a minimum, developed and reported this appraisal in accordance wltn the scope of wOrk requirements stated in
thiS appraisal report.
2. I penormed a complete visual inspection of 106 interior and exterior areas of the sublect property I reported the condition
01 the improvements in factuat, specific terms I identified and mported the physical deliciencies that could al1eel the
livability, soundness, or structural integrity oj me property
3. I performed this appraisal in accordance wiltl the requirements 01 the Unilorm Standards of Professional Appraisal
PraClrce that were adopted and promulgated by the Appraisal Stamiards Board of Tne Appraisal Foundation and thaI were in
place at tile time Ihis appraisal report was prepareo.
4. I developed my opinion 01 the marl<et value of the real property mat is the subject of this report based on the sates
comparison approach to value, I have adequate comparable market data to develop a reliable sales comparison approach
for thiS appraisal assignment. I funher certify that I considered the cost ancl income approaches to value but did not develop
them, unless otherwise indicated in thiS report.
5. I researched, verified, analyzed, and reponed on any current agreement for sale for the subject property, any offering for
sale of the sublect propeny In the twelve months prior to the effective date 01 this appraisal, and Ihe prior sales of the subject
property lor aminimum of three years proor to the eljective date of this appraisal, unless otherwise indicated in this repon.
6. I researched, verified, analyzed, and reported on !tie prior sales of the comparable sales for aminimum 01 one year prior
to the date 01 sale 01 the comparable sale, unless otherwise indicated in this repon.
7. Iselected and used comparable sales that are locationally, physically. and functionally the most similarto the subject property.
8. Ihave not used comparable sales that were the result 01 combining aland sale with the contract purchase price 01 ahome that
has been buin or will be built on the land,
9. I have reported adjustments to the comparable sales that reflect the markel's reaction to the differences between Ihe subject
propeny and the comparable sales.
10. Iverified, from adisinterested source, all information in this reponthat was provided by parties who have afinanCial interest in
the sale or linancing of the subject property.
11. I have knowledge and experience in appraising this type of property in this market area.
12, Iam aware of, and have access to, the necessary and appropriate public and private data sources, such as multiple listrng
services, tax assessment records, public land records and other such data sources for the area in whiCh the propeny is located.
13. I obtained the inlormation, estimates, and opinions furnished by other parties and expressed in this appraisal repor1 from
reliable sources that I believe to be true and correct.
14. I have taken into consideration the factors that have an impact on value with respect to the sublect neighbOrhOOd, subject
propeny, and the proximity of Ihe subject propeny 10 adverse influences in the development 01 my opinion of market value. I
have noted in this appraisal repon any adverse conditions (such as, but nOI limited to, needed repairs, deterioration, the
presence of hazardous wastes, toxic substances, adverse environmental conditions, etc.) observec during the inspection at the
sublect property or !nat Ibecame aware 01 during the research inVOlved in periorming this appraisal. I have considered Ihese
adverse conditions in my analysis of the propeny value, and have reponed on the effect ot the conditions on the value and
marketability 01 the subject property.
15, I have not knowingly withheld any significant information from this appraisal repon and. to the best of my kriowledge, all
stalements and information in this appraisal repon are true and correcl.
16. I stated in this appraisal repon my own personal, unbiased, and professional analysis, opinions, and conclusions, wtlich
are subject only to the assumptions and limiting conditions in this appraisal repon.
17. Ihave no present or prospeclive interest in the property that is the subject of this rsport, and I have no present or
prospective personal interest or bias with respect to the participants in the transaction. I did not base, either partially or
ccmpletely, my analysis and/or opinion of market value in this appraisal report on the race, color, religion, sex, age, marital
status, handicap, tamilial status, or national origin of either the prospective owners or occupants of the subject property or of the
present owners or occupants of the properties in the vicinity of the subject property or on any other basiS prohibited by law,
18. My employment and/or compensation for periorming this appraisal or any future or anticipated appraisalS was not
conditioned on any agreement or understanding, written or otnerwise, that I WOuld report (or present analysis supporting) a
predetermined specifiC value, apredetermined mlnlmum value, arange or direction in value, a value that favors the cause of
any par1y, cr the attainment of a specific result or oc;;urrence of aspecific subsequent event (such as approval of apending
mortgage loan application).
19. I personally prepared all conclusions and opinions about the real estate that were set forth in this appraisal report. II I
relied on significant real property appraisal assistance trom any individual or individualS in the periormance oj this appraisal
or the preparation of this appraisal report, J have named suen individual(s) and disclosed the specific tasks performed in this
appraisal report, I ce!1ity that individual so named is qualified to periorm the taSKS, I have not authorized anyone to make
a change to any item in this appraIsal repor1: therelore, any change made to this appraisal IS unaulllOrized ano I will take no
responsibility 10/ it.
20, I identified the lender/client in this appraisal report who is the individual, organization, or agent for the organization thaI
orderedand willreceive Ihisappraisalrepon,
FreddieMacForm70 Malch 2005 Page5016 FannieMaeFarm 1004Marcil 2005
Form 1004 - "TOfAL appraisal sotlwarebyala mode, IOC. 1800ALAMODE
CIZAGUI-06116/2006
I
I
IflleNc. cmos page #6
Uniform Residential A praisal Report File# 67TI06
21 The lanaar/client may disclose or distnbute this appraisal repon to: the borrower; another lender al the request oj the
borrower; the mortgagee or Its Successors and assigns; mortgage Insurers; governmenI sponsored enterprises; other
secondary market participants: data collection or reporting services; protessiunal appraisal organIzations; any departrnen\.
agency, or instrumentality of me United Slates; aM any slale, Ihe District 01 Columbia, or OIMr jurisdictions; wlttloul having 10
obtain me appraiser's or supervisory appraiser's (if applicable) consent. Such consent must be obtained before this appraisal
repon may be diSClosed or distributed to any other party (including, but not limited to, the public through advertrsing, public
relations, news, sales, or other media),
22, I am aware thai any disclosure or distribution ot thiS appraisal report by me or the lender/client may be subject to certain
laws and regulations. Further, I am also subjeci to the provisions 01 the Uniform Standards 01 Professional Appraisal Practice
that pertain to disclosure or distribution by me,
23, Tne borrower, another lender at the request 01 the borrower, the mortgagee or Its successors and assigns, mortgage
Insurers, government sponsored enterprises, and other secondary markel participants may rely on this appraisal report as part
of any mortgage finance transaction that involves anyone ormore of these parties.
24. It this appraisal report was transmitted as an "electronic record" containing my "electronic signature," as those terms are
defined In applicable federal and/or state laws (excluding audio and video recordings), or a tacsimile transmiSSion at this
appraisal report containing acopy or representation 01 my signature, the appraisal report shall be as effective, enforceable and
valid as il a paper version of this appraisal report were delivered containing my original hand written signature.
25. Any intentional or negligent misreprBsentation(s) contained in tllis appraisal report may result in civil liability andlor
criminal penalties including, but not limited to, fine or imprisonmen! or both under the provisions ot Title 18, United States
Code, Section 1001, et seq., or Similar Slate laws.
SUPERVISORYAPPRAISER'SCERTIFICATION: The Supervisory Appraiser certifies and agrees that:
1. 1OIreCtly supervised the appraiser lorthis appraisal assignment, have read the appraisal report, and agree with the appraiser's
analysis, opinions, statements, conclusions, and the appraiser's certilicalion,
2, Iaccept lull responsibility for the contents 01 this appraisal report including, butnot limited to, the appraiser's analysis, opinions,
statements, conclusions, and the appraiser's certification.
3. The appraiser identilled In thiS appraisal report is either asub"contractor or an employee 01 Ihe supervisory appraiser (or the
appraisal firm), is qualified to perform tllis appraisal, and is acceptable to perform this appraisal under the applicable state law,
4, This appraisal report complies with the Uniform Standards of Professional Appraisal Practice that were adopted and
promulgated by the Appraisal Standards Board 01 The Appraisal Foundalion and that were in place at the time this appraisal
report was prepared.
5, It this appraisal report was transmitted as an "eleclfonic record" containing my "electronic Signature," as those terms are
defined in applicable federal and/or state laws (excluding audio and vieleo recordings), or afacsimile transmiSsion of this
appraisal report contamlng acopy or representation 01 my signature, the appraisal report shall be as eltective, enlorceable and
valiel as il apaper version 01 this appraisal report were delivered containing my original hand written Signature,
SUPERVISORYAPPRAISER (ONLYIF REQUIRED)
Signature
Name __ ____._
Company Name ____ __._
Company Address
Telephone Number ____._..._.__ _____
Email Address __
Dale 01 Signature
StateCeniliGation #
orState License #
State
ExpirationDate01 CertificationorLicense
Exprration Date ofCertificationor License Oji/0412Q06_._._ SUBJECTPROPERTY
DidnO! inspectsubjectproperty
ADDRESS OF PROPERTYAPPRAISED
Did inspectexteriorofsubjectproperty1romstreet

Dateof Inspection "__,___..
Vy'estm,os!er, ._.___
Didinspectinteriorand exteriorofsubjectproperty
APPRAISED VALUEOF SUBJECTPROPERTY$
DateofInspection
LENDER/CLIENT
Name _."...._._. ______
COMPARABLE SALES
CompanyName p'qlendlflg
Company Address 2152 ....!.Q1.. ca.
Did notil1specl exterior01 comparable saleslromSireet
Did inspectexteriorofcomparable sales trornstreet
Date 01 Inspection
l'm'.A'..;'----.-------.---
FreddIeMac Form 70Malcn2005 Page(;of 6 FannIe Maerorm 1004 March 2005
[aim - "1lJTAl tor W,nduws" aopr,rliiJlSOllw,'elty ala lIlode,"'i:. - !800AlAMOOE
CIZAGUI-0611!:lf2006
,
I
Uniform Residential Appraisal Report File/I 671106
fEATURE SUBJECT COMPARABLE SALE If 4 COMPARABLE SALE ft 5 COMPARABLE SALE #6
Meress 6721 Tillamook Ave 6581 Klondi!;"Avenue
""C",3-"9""26",8",3,-,-2",S,,-7",,,2_-,-,,APN 20:3-506-44__
p'O,,!lht to Sub,eel 0,16mues
SalePllce S I{,,(inance 's :>95000
S3Ie-PncelGfi):;LivArw S 381 'g.t. S 454 __$___
Sou"rcei$) 1J11e Company/ML",S,,-__ _ __ __ __ ___
Ve,ilical!Oo Sources _--::c===-,NDCData
AOJUSTMEN7S-" DESCRIPTION __!lEiCllIPT1Q,N1,.+(-)SAd,us!menl DESCRIPTION I T0$Ac ustmlll1l OESCRIPTION
Sales or FinanCing Doc_ 1008762 !
r

-. - __I"COMPARABlfSAif,4 'I COMPARABLESALE#5 COMPARABLE SALE it 6
Dale01 PnorSolei'ransfer r0312312005 ; 0510512005 , I
Pnce01 FTp 1---- -, -, . '\' -- - ... --
4

01 Co:nparaOles 574.500
;he resullsof research alld oll!!PIlorsale or ir;mslerhlSl0l}'oi'he,Sublect propef11 and,comparable sale(repOfladoitionalprior sales on ae3,
Data Sourcels) ,TilleCOINDCData TilleCoiNDC Data
EllecllveDaleof OaiaSollrceW 04105/2006 --- 0410512006 --
Anal SlS 01 pilarsaleOr ilanslsrrnSIOry 01 iresublOC, comparablesales , "see page2o,-fU"'R"'A"'R"''' ____
"see,atlacnedaddendum"


-

freddieMac Form 70March2005
Fannie MaeForm 1004March2005
Form 1004 lAC: - "TarAllO!Wmuows"appraisalsollwarebyala moQe.me - 1-800-ALAMOIlf
CIZAGUI-06!16!2006
I I
Inle No 671106 P a Q ~ #8:
Supplemental Addendum
File No 67TI06
Borrower/Client Shelley ..
ProDBriV Address 6721 Tillamook love
Cit Westminster
Lannp,r PC Len<llng
_ ~ Orange Stale Ca .. _ ._. Zip Code 92683-2572
Additional Comm"nls,
All comparable sales utilized are located wilhin the same marketing area, and would be considered by the same user group.
Comp<lr';bles sales utihz"d have a prmimity of no greater Ihan approximately .16 miles from the subject, and are most similar in
ov"ra/l characteristics.
Comparable #1-is localed next door 10 the subject. ThiS home has a larger bedroom coun\, however; with a Similar overall living
area. This home has an mfe{)or 10\ size. nence adjustment made.
Comparable #2-has a larger bedroom count, and smaller living area. MLS data states "needs lots of work, flxer-, hence was
given a similar condition rating in comparison to the subject. This home also has an inferior lot size.
Comparable#3-has same bedroom count, and bathroom counl. With Similar overall living area. Property has a superior
effeclive age, and is In superior condition, based on mls data comments "complete remodel". This home also has an inferior lot
size in comparison to the subject.
Comparable #4-has same bedroom and bathroom count, with inferior living area. Property has a superior eHective age, and
condition, hence adjustments made. Lot size is Inferior,
All adjustments were based upon a paired sales analysis of the com parables considered. Size was adjusted $45sf. for
difference in excess of 100sf. (rounded to the nearest 5500). Bedrooms were adjusted 55,000. A 101 size adjustment was made
in increments of $1 dollar per square foot of lot size in excess of 2,500 square feet of lot. An eHective age adjustment was
made in increments of S 1,000 per eHective year in excess of 5 eHective years. A condition adjustment was made in increments
of S25,OOO per current level of condillon.
Condition ratings and amenity verification was based on Multiple listing Service Data, and NDC Data. All comparable sales
utilized deemed relevant. based on proximity. and similarity to the subject property, as well as recency of sale.
Comparables have a markel sales range of 5550,000 to $595,000, with an adjusted value range of $546,500 to $574.500, and
supports a mari<et value of 5548,000 for the subject property.
form TAOO -'TOTAL lor Wlnoows appraisal sollware by ala mOCe, InC. - 1800-ALAMOOE
(MLGx), APPEAL, CLOSED, DISCOVERY
UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA
(Southern Division Santa Ana)
CIVIL DOCKET FOR CASE #: 8:09cv00291CJCMLG
Richard Shelley v. Quality Loan Service Corp et al
Assigned to: Judge Cormac J. Carney
Referred to: Magistrate Judge Marc L. Goldman
Case in other court: 9th CCA, 0956133
Cause: 15:1640 Truth in Lending
Date Filed: 03/09/2009
Date Terminated: 06/17/2009
Jury Demand: Plaintiff
Nature of Suit: 480 Consumer Credit
Jurisdiction: Federal Question
Plaintiff
Richard Shelley represented by Richard Shelley
6721 Tillamook Avenue
Westminster, CA 92683
PRO SE
Stephen F Dial
Dial &Associates
505 South Villa Real Drive Suite 205
Anaheim Hills , CA 928073442
7142798055
Fax: 7142798052
Email: dialaw@earthlink.net
TERMINATED: 06/15/2009
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
V.
Defendant
Quality Loan Service Corp represented by David C Scott
McCarthy and Holthus LLP
1770 Fourth Ave
San Diego , CA 92101
6196854800
Fax: 6196854811
Email: dscott@mccarthyholthus.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Defendant
Fremont Investment &Loan
Defendant
Litton Loan Servicing LLP represented by Chaise R Bivin
Severson &Werson
19100 Von Karman
Suite 700
Irvine , CA 92612
9494227110
Fax: 9494427118
Email: crb@severson.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Date Filed # Docket Text
Case: 8:09-cv-291 As of: 02/03/2010 09:23 AM PST 1 of 5
03/09/2009 1 COMPLAINT against defendants Quality Loan Service Corp, Fremont
Investment &Loan, Litton Loan Servicing LLP.(Filing fee $ 350 paid)
jury demand., filed by plaintiff Richard Shelley.(twdb) (lwag). (Entered:
03/10/2009)
03/09/2009 20 DAY Summons Issued re Complaint (Discovery) 1 as to
defendants Quality Loan Service Corp, Fremont Investment &Loan,
Litton Loan Servicing LLP. (twdb) (Entered: 03/10/2009)
03/09/2009 2 NOTICE of Interested Parties filed by plaintiff Richard Shelley, (twdb)
(lwag). (Entered: 03/10/2009)
03/09/2009 4 DECLARATION of Richard L. Shelley in support of exparte
application to stop trustee's sale filed by Plaintiff Richard Shelley.
(twdb) (lwag). (Entered: 03/11/2009)
03/09/2009 5 DECLARATION of Stephen F. Dial re notice in compliance with local
rule 719.1 filed by Plaintiff Richard Shelley. (twdb) (lwag). (Entered:
03/11/2009)
03/09/2009 6 MEMORANDUM of Points and Authorities in Support of application to
stop sale filed by plaintiff Richard Shelley. (twdb) (lwag). (Entered:
03/11/2009)
03/10/2009 3 MINUTES OF IN CHAMBERS ORDER by Judge Cormac J. Carney:
DENYING PLAINTIFF'S EX PARTE APPLICATION FOR A
TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW
CAUSE REGARDING A PRELIMINARY INJUNCTION [filed
03/09/09]: (See document for details.) For the foregoing reasons, Mr.
Shelleys ex parte application is DENIED. (rla) (Entered: 03/10/2009)
03/11/2009 7 MINUTES OF IN CHAMBERS AMENDED ORDER by Judge
Cormac J. Carney DENYING Plaintiff's Ex Parte Application for a
Temporary Restraining Order and Order to Show Cause Regarding a
Preliminary Injunction 3 . (nbo) (Entered: 03/11/2009)
03/12/2009 8 ORDER RETURNING CASE FOR REASSIGNMENT UPON
RECUSAL by Magistrate Judge Arthur Nakazato. ORDER case
returned to the Clerk for random reassignment re: Discovery pursuant to
General Order 0507 and General Order 0805. Case randomly
reassigned from Magistrate Judge Arthur Nakazato to Magistrate Judge
Marc L. Goldman for all further proceedings. The case number will now
reflect the initials of the transferee Judge SACV0900291 CJC
(MLGx). (ade) (Entered: 03/12/2009)
03/27/2009 9 FIRST STIPULATION Extending Time to Answer the complaint as to
Litton Loan Servicing LLP answer now due 4/10/2009, filed by
Defendants Litton Loan Servicing LLP.(Bivin, Chaise) (Entered:
03/27/2009)
04/01/2009 10 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed
Documents. The following error(s) was found: Proposed document was
not submitted as separate attachment. RE: First Stipulation Extending
Time to Answer (30 days or less) 9 . In response to this notice the court
may order (1) an amended or correct document to be filed (2) the
document stricken or (3) take other action as the court deems
appropriate. (nca) (Entered: 04/01/2009)
04/01/2009 11 FIRST STIPULATION Extending Time to Answer the complaint as to
filed by Defendant Litton Loan Servicing LLP. (Attachments: # 1
Proposed Order)(Bivin, Chaise) (Entered: 04/01/2009)
04/03/2009 12 ORDER granting Stipulation Extending Time to File a Responsive
Pleading 9 , by Judge Cormac J. Carney: Defendant Litton Loan
Servicing, LLP shall have until April 10, 2009, to file a motion to
dismiss or otherwise respond to the complaint in the abovecaptioned
case. IT IS SO ORDERED. (rla) (Entered: 04/07/2009)
Case: 8:09-cv-291 As of: 02/03/2010 09:23 AM PST 2 of 5
04/10/2009 13 FIRST STIPULATION Extending Time to Answer the complaint as to
Litton Loan Servicing LLP answer now due 4/29/2009, filed by
Defendant Litton Loan Servicing LLP.(Bivin, Chaise) (Entered:
04/10/2009)
04/10/2009 14 FIRST STIPULATION Extending Time to Answer the complaint as to
filed by Defendant Litton Loan Servicing LLP.(Bivin, Chaise) (Entered:
04/10/2009)
04/15/2009 15 STIPULATION for Extension of Time to File Response filed by
Defendant Quality Loan Service Corp.(Scott, David) (Entered:
04/15/2009)
04/15/2009 16 PROOF OF SERVICE filed by Defendant Quality Loan Service Corp,
re Stipulation for Extension of Time to File Response/Reply 15 served
on April 15, 2009. (Scott, David) (Entered: 04/15/2009)
04/15/2009 17 DECLARATION of Quality Loan Service Corp. Nonmonetary Status
[Civil Code 29241] filed by Defendant Quality Loan Service Corp.
(Attachments: # 1 Declaration of David Owen)(Scott, David) (Entered:
04/15/2009)
04/15/2009 18 PROOF OF SERVICE filed by Defendant Quality Loan Service Corp,
re Declaration (nonmotion) 17 served on April 15, 2009. (Scott, David)
(Entered: 04/15/2009)
04/29/2009 19 FIRST STIPULATION Extending Time to Answer the complaint as to
Litton Loan Servicing LLP answer now due 5/20/2009, filed by
Defendant Litton Loan Servicing LLP. (Attachments: # 1 Proposed
Order)(Bivin, Chaise) (Entered: 04/29/2009)
04/29/2009 20 ORDER RE STIPULATION EXTENDING LITTON LOAN
SERVICING, LP'S DEADLINE TO FILE A RESPONSIVE
PLEADING by Judge Cormac J. Carney 19 . Defendant Litton Loan
Servicing, LLP shall have until 04/10/2009 to file a motion to dismiss or
othewise respond to the complaint. (db) (Entered: 04/30/2009)
05/15/2009 21 NOTICE OF MOTION AND MOTION of Stephen F. Dial to Withdraw
as Attorney filed by plaintiff Richard Shelley. Motion set for hearing on
6/8/2009 at 01:30 PM before Judge Cormac J. Carney. (Attachments: #
1 Declaration Declaration of Stephen F. Dial, # 2 Proposed Order
Allowing Stephen F. Dial to Withdraw As Counsel of Record)(Dial,
Stephen) (Entered: 05/15/2009)
05/15/2009 22 PROOF OF SERVICE Executed by Plaintiff Richard Shelley, upon
Quality Loan Service Corp served on 3/11/2009, answer due 3/31/2009.
Original Summons not returned. (Dial, Stephen) (Entered: 05/15/2009)
05/15/2009 23 PROOF OF SERVICE Executed by Plaintiff Richard Shelley, upon
Litton Loan Servicing LLP served on 3/11/2009, answer due 5/20/2009.
Original Summons not returned. (Dial, Stephen) (Entered: 05/15/2009)
05/19/2009 24 NOTICE OF DISCREPANCY AND ORDER: by Judge Cormac J.
Carney, ORDERING Notice of Motion and Motion to Withdraw as
Counsel, Proposed Order and Declaration of Stephen F. Dial submitted
by Plaintiff Richard Shelley received on 5/15/2009 is not to be filed but
instead rejected. Denial based on: Case is designated for efiling pursuant
to General Order 0802. (lwag) (Entered: 05/20/2009)
05/20/2009 25 NOTICE OF MOTION AND MOTION to Dismiss Case for Failure to
State A Claim Upon Which Relief Can Be Granted [FRCP 12(B)(6)]
filed by Defendant Litton Loan Servicing LLP. Motion set for hearing
on 6/8/2009 at 01:30 PM before Judge Cormac J. Carney. (Attachments:
# 1 Memo of Points &Authorities, # 2 Declaration of Chaise Bivin, # 3
Request for Judicial Notice, # 4 Proposed Order)(Bivin, Chaise)
(Entered: 05/20/2009)
Case: 8:09-cv-291 As of: 02/03/2010 09:23 AM PST 3 of 5
05/20/2009 26 NOTICE of Change of Hearing Date of Litton Loan Servicing, LLP's
Motion to Dismiss filed by Defendant Litton Loan Servicing LLP. [Date
changed from 6/8/09 to 6/15/09] (Bivin, Chaise) (Entered: 05/20/2009)
06/01/2009 27 NOTICE OF NONOPPOSITION to MOTION to Dismiss Case for
Failure to State A Claim Upon Which Relief Can Be Granted [FRCP
12(B)(6)] MOTION to Dismiss Case for Failure to State A Claim Upon
Which Relief Can Be Granted [FRCP 12(B)(6)] 25 filed by Plaintiff
Richard Shelley. (Attachments: # 1 Declaration of Stephen F.
Dial)(Dial, Stephen) (Entered: 06/01/2009)
06/05/2009 28 STIPULATION to Continue Hearings on Motion to Withdrawn and
Litton's Motion to Dismiss from June 8, 2009 to June 15, 2009 filed by
Defendant Litton Loan Servicing LLP. (Attachments: # 1 Proposed
Order)(Bivin, Chaise) (Entered: 06/05/2009)
06/08/2009 29 ORDER by Judge Cormac J. Carney: Upon stipulation 28 , the Court
orders that hearing on Stephen F. Dial's Motion to Withdraw as Counsel
21 shall be continued to 6/15/2009 at 1:30 PM. The Court further orders
that the hearing on Litton Loan Servicing, LP's Motion to Dismiss 25
shall be continued to 6/15/2009 at 1:30 PM as well. IT IS SO
ORDERED. (mu) (Entered: 06/12/2009)
06/15/2009 30 MINUTES OF granting 21 Motion to Withdraw as Attorney ; granting
25 Motion to Dismiss Case without leave to amend; Motion Hearing
held before Judge Cormac J. CarneyCourt Reporter: Maria Dellaneve.
(ade) (Entered: 06/16/2009)
06/15/2009 31 ORDER Allowing Stephen F Dial to Withdraw as Counsel of Record by
Judge Cormac J. Carney. Upon motion of Stephen F Dial of this court
for permission to withdraw as counsel for plaintiff 21 , it is ORDERED
that Stephen F Dial be allowed to withdraw as counsel for plaintiff. (db)
(Entered: 06/16/2009)
06/16/2009 32 NOTICE OF LODGING filed [Lodging Order Granting Litton Loan
Servicing LLPs Motion to Dismiss] re MOTION to Dismiss Case for
Failure to State A Claim Upon Which Relief Can Be Granted [FRCP
12(B)(6)] MOTION to Dismiss Case for Failure to State A Claim Upon
Which Relief Can Be Granted [FRCP 12(B)(6)] 25 (Attachments: # 1
Proposed Order)(Bivin, Chaise) (Entered: 06/16/2009)
06/17/2009 33 ORDER DISMISSING CASE by Judge Cormac J. Carney. Littons
motion to dismiss is granted without leave to amend and this complaint
is dismissed with prejudice. See order for details. (Made JS6. Case
Terminated.) (smi) (Entered: 06/18/2009)
06/22/2009 34 PROOF OF SERVICE filed by Plaintiff Richard Shelley, re Order, 31
Allowing Stephen F. Dial to Withdraw as Counsel of Record served on
June 19, 2009. (Dial, Stephen) (Entered: 06/22/2009)
06/23/2009 35 Certificate of Service of Order Granting Litton Loan Servicing LP's
Motion to Dismiss filed by Defendant Litton Loan Servicing LLP
(Bivin, Chaise) (Entered: 06/23/2009)
06/26/2009 36 NOTICE TO FILER OF DEFICIENCIES in Electronically Filed
Documents. The following error(s) was found: Incorrect event selected
RE: Miscellaneous Document 35 . In response to this notice the court
may order (1) an amended or correct document to be filed (2) the
document stricken or (3) take other action as the court deems
appropriate. (twdb) (Entered: 06/26/2009)
07/16/2009 37 NOTICE OF APPEAL to the 9th CCA filed by Plaintiff Richard
Shelley. Appeal of Order Dismissing Case, Terminated Case 33 Filed
On: 6/17/09; Entered On: 6/18/09; Filing fee $ 455. Billed. (lr) (Entered:
07/21/2009)
07/21/2009 38 NOTIFICATION by Circuit Court of Appellate Docket Number
0956133, 9th CCA regarding Notice of Appeal to 9th Circuit Court of
Case: 8:09-cv-291 As of: 02/03/2010 09:23 AM PST 4 of 5
Appeals 37 as to Plaintiff Richard Shelley. (lr) (Entered: 07/22/2009)
07/23/2009 39 APPEAL FEE PAID: re Notice of Appeal to 9th Circuit Court of
Appeals 37 as to Plaintiff Richard Shelley; Receipt Number: 17971,
PAID in the amount of $455. (lr) (Entered: 07/27/2009)
Case: 8:09-cv-291 As of: 02/03/2010 09:23 AM PST 5 of 5

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