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Carlos Aguirre 38587 154th Street East Palmdale, California 93591 (661) 414-2866 Cell (661) 367-5252 Fax Prosper4less@hotmail.com In Pro Se

Superior Court of California, County of Los Angeles North Valley District, Santa Clarita Courthouse - LIMITED CIVIL WELLS FARGO BANK, NA, Successor by Merger with Wachovia Mortgage, FSB (formerly World Savings Bank, FSB) Plaintiff, v. Carlos Aguirre, Defendant. HEARING DATE: TIME: ROOM:
CASE NO: 10U01341

DEFENDANTS NOTICE AND MOTION TO SET-ASIDEAND VACATE AN UNLAWFUL DETAINER JUDGEMENT AS VOID FOR A FRAUD UPON THE COURT; MEMORANDUM OF POINTS AND AUTHORITIES; DECLARATION OF CARLOS AGUIRRE.

NOTICE AND MOTION The undersigned Carlos Aguirre (hereinafter,Defendant) under penalty of perjury, whom within his knowledge, information and belief, respectfully submits his: DEFENDANTS NOTICE AND MOTION TO SET-ASIDE AND VACATE AN UNLAWFUL DETAINER JUDGEMENT AS VOID FOR FRAUD UPON THE COURT.
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Plaintiff is proceeding pro se. Therefore, this Court must construe this claim liberally and hold it to a less stringent standard than the Court would apply to a pleading drafted by a lawyer. Please see: Platsky v. Central Intelligence Agency, 953 F.2d 26 (2nd Cir. 1991)---Deciding that: In order to justify the dismissal of a pro se complaint, it must be " 'beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.' " Haines v. Kerner, 404 U.S. at 521, 92 S.Ct. at 594 (quoting Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 102, 2 L.Ed.2d 80 (1957)). DATED: July 13, 2012 Respectfully submitted By: Carlos Aguirre______________UCC 1-308 Attorney In Pro Se

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2 DEFENDANTS NOTICE AND MOTION TO SET-ASIDE AND VACATE AN UNLAWFUL DETAINER JUDGEMENT

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1.

MEMORANDUM OF POINTS & AUTHORITIES IN SUPPORT OF MOTION TO SET-ASIDE AND VACATE AN UNLAWFUL DETAINER JUDGEMENT The superior court, as a court of record and general jurisdiction, is

presumed to have jurisdiction over a particular cause. It is not necessary to plead affirmatively the facts showing jurisdiction. (See Schwartz, Inc., v. Burnett Pharmacy, 112 Cal.App. Supp. 781 [295 P. 508];Ashton v. Heydenfeldt, 124 Cal. 14 [56 P. 624].) 2. Defendant in this case--brings newly discovered evidence.
The court is authorized to permit production of newly discovered evidence if its nature makes a different judgment probable. [Ulwelling v. Crown Coach Corp., 1962]

3.

Federal Rule of Civil Procedure 17(a)(1) which requires that [a]n action

must be prosecuted in the name of the real party in interest. See also, In re Jacobson , 402 B.R. 359, 365-66 (Bankr.W.D. Wash. 2009); In re Hwang, 396 B.R. 757, 766-67 (Bankr. C.D. Cal. 2008). Whereas, here, Wells Fargo Bank, NA. was not the real party in interest. 4. Carlos Aguirre, requests that this Honorable Court sets-aside and vacates
a) Wells Fargo Bank, NA. was not the foreclosing beneficiary [see: Exhibit A]
b)

this void judgment, CASE # 10U01341[see: Exhibit B] due to:


Court lacked subject matter jurisdiction over case because the wrong party initiated the foreclosure.
c)

Wells Fargo Bank, NA. perpetrated fraud upon the Court by initiating an unlawful detainer without right to do so and was not a Real Party in Interest. The purported purchaser [Wells Fargo] is not a Bona Fide purchaser. Title was never perfected due to fraud. The sale was not in compliance with CC 2924.
[The plaintiff-purchaser need prove only that the sale was in compliance with CC 2924 and that he or she has thereafter duly perfected title. Stephens, Partain & Cunningham v Hollis (1987) 196 CA3d 948, 952, 242 CR 251].
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d) e)

f) Wells Fargo lacked standing to foreclose.


g)

DEFENDANTS NOTICE AND MOTION TO SET-ASIDE AND VACATE AN UNLAWFUL DETAINER JUDGEMENT

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5.

Carlos Aguirre would like the opportunity to have this issue decided with

the courts assistance. WHEREFORE, Carlos Aguirre prays that this honorable court sets-aside and vacates the unlawful detainer judgment as void. DATED: July 13, 2012 Respectfully submitted By: Carlos Aguirre______________UCC 1-308 Attorney In Pro Se

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