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DEFENDANT IN PRO PER
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6 II.
7 FACTS RELATED TO THIS MOTION
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Unbeknownst to Defendant Myriam Aguilar, the Plaintiff commenced this action on
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December 31, 2009. On or about September 11, 2009, Ms. Aguilar was approached by Joana
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Sosa, who lead her to believe that there was a significant amount of fraud throughout her
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mortgage and therefore, suggested that since she was a very wealthy investor who wished to help
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first language Spanish speaking Latino immigrants, and had a loan program; that within a six
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week period of time she would purchase her home in a short sale or by other means of
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negotiation with the bank and that she would then become the “new lender”. She offered
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Defendant a 5% fixed annual interest rate until the current market value of the home was paid
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off. Up until this point the payments on her Mortgage had been current.
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Because Ms. Sosa came highly recommended by number of people in the area who had
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just joined Ms. Sosa's program including a trusted friend who was English speaking Probation
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Officer for the State of California, defendant, Myriam Aguilar believed Ms. Sosa, and Defendant
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joined Ms. Sosa's program. Defendant signed a Power of Attorney allowing her to speak directly
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to the bank regarding her Mortgages; she also singed a payment plan in the form of a promissory
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note. In addition, defendant, Myriam Aguilar signed a Grant Deed transferring the title over to
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Ms. Sosa, so that she could hold the title jointly until the total amount on the Promissory Note
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was paid.
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Therefore, Defendant paid Ms. Sosa an upfront advance fee of $10,000.00 to commence
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the program with an agreement of monthly payments to follow.
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22 In the instant case, as outlined above, Defendant Aguilar has no idea of that an unlawful
23 detainer had been filed against her, much less that her property had already been lost in a trustee
24 sale. She was under the knowledge and belief that Ms. Sosa has purchased the property and
25 therefore, believed that by making the monthly payments to her that her property was secure.
26 Therefore, it was to Defendant’s unexpected surprise that instant case had already
27 progressed as far as it had, and that Default and Judgment have been entered against her.
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7 3. I am the author of the “Facts Related to this Motion,” and declare the facts therein
8 to be true and correct. The failure to appear in this instant action and present evidence at the trial
9 of this matter was a result of the surprise that Plaintiff’s counsel filed a complaint for Unlawful
10 Detainer and subsequent Default and Judgment, thereby depriving me of due process of law.
11 I declare under penalty of perjury under the laws of the State of California that the
12 foregoing is true and correct and that this Declaration was executed on October 3, 2010, in the
13 City of Victorville, County of San Bernardino.
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16 Myriam Theresa Aguilar, DECLARANT
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DEFENDANT IN PRO PER
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Having heard Defendant’s Motion for Order Vacating and Setting Aside Default and
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Default Judgment, which came on regularly on ___________________. The Court Orders that
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the Default and Default Judgment entered against Myriam Aguilar-Melgarejo be set aside.
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IT’S SO ORDERED
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On May _____, 2010, I served the specified documents: NOTICE OF MOTION AND
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MOTION FOR ORDER VACATING AND SETTING ASIDE DEFAULT AND DEFAULT
JUDGMENT; DECLARATION OF JOSE J. VALDES, MEMORANDUM OF POINTS AND
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AUTHORITIES, AND [PROPOSED ORDER on interested as follows:
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LES ZIEVE,ESQ.
11 MICHAEL GONZLAES, ESQ.
12 LAW OFFICES OF LES ZIEVE
18377 BEACH BLVD. STE. 210
13 HUNTINGTON BEACH, CA 92648
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[] (BY MAIL) I caused such envelope with postage thereon fully prepaid to be deposited
16 in the United States mail at Montclair, California.
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[ ] (BY FAX) On ______________________, 2009, at approximately
18 ______________a.m./p.m. I faxed a copy of the above mentioned documents to fax number
(818) 986-3875 .
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[x] (STATE) I declare under penalty of perjury under the laws of the State of California
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that the foregoing is true and correct.
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Executed on March _____, 2010, at Lake Elsinore, California
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_______________________________
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