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TIMOTHY L. MCCANDLESS, ESQ.

SBN 147715
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LAW OFFICES OF TIMOTHY L. MCCANDLESS
2 13240 Amargosa Road
Victorville, California 92392
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(760) 951-3663 Telephone
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(909) 382-9956 Facsimile
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6 Attorneys for Defendant,


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ISCHMAEL O. WHITE,

9 SUPERIOR COURT OF THE STATE OF CALIFORNIA


10 IN AND FOR THE COUNTY OF CONTRA COSTA
11 PITTSBURG BRANCH
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13 BLUE MOUNTAIN MORTGAGE LLC, a Case No.: PS-09-1746


California Limited Liability Company,
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Plaintiff, REQUEST FOR ADMISSIONS
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[SET ONE]
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17 ISCHMAEL O. WHITE,
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and DOES I through X, Inclusive
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Defendant(s).
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PROPOUNDING PARTY: Defendant, ISCHMAEL O. WHITE
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RESPONDING PARTY: Plaintiff, BLUE MOUNTAIN MORTGAGE, LLC.
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SET NO: One
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TO PLAINTIFFS AND ITS ATTORNEY OF RECORD:
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REQUEST FOR ADMISSIONS


1 REQUESTS FOR ADMISSIONS
2 YOU ARE REQUIRED, pursuant to California Codes of Civil Procedure by and through
3 an authorized officer of your company, to answer completely, in writing and under oath, the
4 following request for admissions, and to return your answers to this request for admissions to
5 Defendant’s attorney at his mailing address located at Law Offices of Timothy L. McCandless,
6 13240 Amargosa Road, Victorville, CA 92392, within five days of the date of service of these
7 request for admissions.
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9 INSTRUCTIONS TO REQUESTS FOR ADMISSIONS


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11 1. These requests for admissions are directed toward all information known or available
12 to PLAINTIFFS, including information contained in the records and documents in
13 PLAINTIFFS’ custody or control or available to PLAINTIFFS, upon reasonable
14 inquiry. Your answer to each request for admission shall specifically deny the matter,
15 or set forth in detail the reasons why you cannot truthfully admit or deny the matter.
16 Where requests for admissions cannot be answered fully, they shall be answered as
17 completely as possible and incomplete answers shall be accompanied by a
18 specification of the reasons for the incompleteness of the answer and of whatever
19 actual knowledge is possessed with respect to each unanswered request for admission.
20 2. Each request for an admission is to be deemed a continuing one. If, after serving an
21 answer to any request for admission, an authorized officer for PLAINTIFFS obtains
22 or becomes aware of any further information pertaining to that request for admission,
23 the authorized officer for PLAINTIFFS is requested to serve a supplemental answer
24 setting forth such information.
25 3. As to every request for an admission which an authorized officer for PLAINTIFF
26 fails to answer in whole or in part, the subject matter of the admissions will be
27 deemed confessed and stipulated as fact to the court.
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REQUEST FOR ADMISSIONS


1 DEFINITIONS
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3 1. “You” and “your” include BLUE MOUNTAIN MORTGAGE, LLC. and any and all
4 persons acting for or in concert with DEFENDANT.
5 2. “Document” includes every piece of paper held in your possession or generated by you.
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7 ADMISSIONS REQUESTED
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9 REQUEST FOR ADMISSIONS NO. 1


10 Admit or deny that PLAINTIFFS never at any time took possession of the original promissory
11 note obligating Defendant and/or alienable in this instant case.
12 REQUEST FOR ADMISSIONS NO. 2
13 Admit or deny that in your capacity as the trustee that you never took physical possession of the
14 Note executed by PLAINTIFF.
15 REQUEST FOR ADMISSIONS NO. 3
16 Admit or deny that you did not provide to the Trustee at the time of the Notice of Default or to
17 anyone the original note and deed of trust executed by Defendant and with an assignment of
18 these documents to you.
19 REQUEST FOR ADMISSIONS NO. 4

20 Admit or deny that your execution of the notices and foreclosures failed to conform to the

21 provisions of California Civil Code Sections 1624.

22 REQUEST FOR ADMISSIONS NO. 5

23 Admit or deny that your execution of the notices and foreclosures failed to conform to the

24 provisions of California Civil Code Sections 2923.5 et seq.

25 REQUEST FOR ADMISSIONS NO. 6

26 Admit or deny that you or your agent did not contact the borrower to assess the borrowers

27 financial condition pursuant to the provisions of California Civil Code Sections 2923.5 et seq.

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REQUEST FOR ADMISSIONS


1 REQUEST FOR ADMISSIONS NO. 5
2 Admit or deny that you or your agent did not attach a declaration under penalty of perjury that
3 you or your agent contacted the borrower to assess the borrowers financial condition in
4 conformity with the provisions of California Civil Code Sections 2923.5 et seq.
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Dated: September 11, 2009
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7 _____________________________
Timothy L. McCandless, Esq.
8 Attorney for Defendant,
ISCHMAEL O. WHITE
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REQUEST FOR ADMISSIONS