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TIMOTHY L. MCCANDLESS, ESQ. SBN 147715

2 LAW OFFICES OF TIMOTHY L. MCCANDLESS
1881 Business Center Drive
3 San Bernardino, CA
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(909) 890-9192 Telephone
5 (909) 382-9956 Facsimile

6 Attorney for Defendant ANTHONY J. MARTIN

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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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IN AND FOR THE COUNTY OF STANISLAUS
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11 U.S. BANK NATIONAL ASSOCIATION, Case No.: 645068

as successor in interest to the Federal
12 Deposit Insurance Corporation Including
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Any Assignors or Successors In Interest, DEFENDANT’S NOTICE TO PLAINTIFF
TO APPEAR AT TRIAL [CCP §1987(b)]
14 Plaintiff,
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vs.
DATE: August 5, 2010
16 TIME: 8:30 a.m.
ANTHONY J. MARTIN and DOES 1 DEPT: 22
17 through 50 inclusive,
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Defendants.
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TO THE COURT, ALL PARTIES HEREIN, AND THEIR
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ATTORNEYS OF RECORD:
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Defendant ANTHONY J. MARTIN hereby request that Plaintiff U.S. BANK
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NATIONAL ASSOCIATION etc. produce its agent or person most knowledgeable, or
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Custodian of Records, as a witness to the trial in the above-captioned court in
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_____________________________________________________________________________________
NOTICE TO APPEAR
 1 Department 22 of on August 5, 2010, at 8:30 AM. The court is located at 80110th
2 Street, 4th Floor, Modesto, California.
3 The request is made pursuant to California Code of Civil Procedure,
4 subsection 1987(b).
5 Respectfully submitted,
6 DATED: July 26, 2010 __________________________
7 THE LAW OFFICES OF TIMOTHY MCCANDLESS
8 By: Timothy McCandless,
Attorney for Defendants
9 ANTHONY J. MARTIN
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_____________________________________________________________________________________
NOTICE TO APPEAR
 DOCUMENTS REQUESTED TO BE
1 PRODUCED AT TRIAL
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REQUEST FOR PRODUCTION NO. 1:
3 All documents which establish that YOU were the legal, beneficial or equitable owner,
4 and/or mortgagee, trustee, beneficiary or authorized agent of the promissory note and/or Deed of
5 Trust as mandated that is the subject of this action at the time of the non-judicial foreclosure of
6 the Subject Property on February 23, 2006.

7 REQUEST FOR PRODUCTION NO. 2:

All documents that establish YOUR standing to foreclose on the Subject Property,
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including but not limited to:
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A. Copies of all contracts, documents, agreements and other disclosure forms,
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written communications, notes, memoranda and records concerning the note and mortgage that
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are the subject of this action, including attorney fee contracts.
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B. Copies of all receipts for payments made by or to and/or received by YOU
13 concerning the note and mortgage that are the subject of this action.
14 REQUEST FOR PRODUCTION NO. 3:
All assignments, transfers, allonge, or other documents evidencing a transfer, sale or
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assignment of Defendant’s note, deed of trust, monetary instrument or other document that
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secured payment by Defendant of the loan at issue in this matter from the inception of the
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mortgage loan to the present date.
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REQUEST FOR PRODUCTION NO. 4:
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All electronic transfers, assignments and sales of Defendant’s note/asset, mortgage, deed
20 of trust or other security instrument.
21 REQUEST FOR PRODUCTION NO. 5:
22 All original and intervening Assignments showing a complete chain of assignments from
23 the originator to the person assigning the deed of trust and note to YOU.

24 REQUEST FOR PRODUCTION NO. 6:

All original and intervening receipts of delivery and acceptance of each note showing a
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complete chain of such receipts from the originator to the person accepting the document for
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YOU.
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//

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_____________________________________________________________________________________
NOTICE TO APPEAR
 REQUEST FOR PRODUCTION NO. 7:
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All original and intervening endorsements showing a complete chain of endorsements
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from the originator to the person endorsing Defendant’ note to YOU.
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REQUEST FOR PRODUCTION NO. 8:
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All documents which relate to, refer to or evidence any and all electronic transfers, assignments
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and sales of the note or asset, mortgage, deed of trust or other security instrument. If none, state
6 “none”.
7 REQUEST FOR PRODUCTION NO. 9:
8 All documents (including all computer or digital media-stored data) relating to Defendant, the
9 Subject Property, and the subject transaction and/or account, or which are indexed, filed or

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retrievable under his name or any number, symbol, designation or code (such as a transaction
number or Social Security number) assigned to him or to the subject transaction(s), including but
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not limited to all documents relating to the origination, approval, disbursement, assignment and
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administration of the loan(s), all agreements, and all correspondence related to the subject
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transaction.
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REQUEST FOR PRODUCTION NO. 10:
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All documents relating or referring to YOUR policy and practice relating to the origination,
16 approval or underwriting, preparation, disbursement and acceptance of assignment of a
17 residential mortgage loan such as the subject transaction(s), including but not limited to all
18 agreements with brokers, lenders, title companies, assignors, etc.; all documents relating to or
19 reflecting such policy, practices and agreements, including all documentation required to be in

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assigned account files; and all instructions, policy and procedure manuals, memoranda and
guidelines given to brokers, title companies, lenders, closing agents, and/or any persons who
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review account files for approval and/or acceptance of assignment.
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REQUEST FOR PRODUCTION NO. 11:
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All correspondence by and between YOU and any Defendants to this action with regard
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to the subject mortgage loan.
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REQUEST FOR PRODUCTION NO. 12:
26 All sales contracts, servicing agreements, assignments, allonges, transfers,
27 indemnification agreements, recourse agreements and any agreement related to this account from
28 the inception of this account to the present date.

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_____________________________________________________________________________________
NOTICE TO APPEAR
 REQUEST FOR PRODUCTION NO. 13:
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The outside and inside front and back of the file folder for Defendant’s loan account.
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REQUEST FOR PRODUCTION NO. 14:
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The entire loan file related to Defendant’s loan for the Subject Property.
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REQUEST FOR PRODUCTION NO. 15:
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All account servicing transaction records, ledgers, registers and similar items detailing
6 how Defendant’s account has been serviced from the inception of the account to the present date.
7 If none, state “none”.
8 REQUEST FOR PRODUCTION NO. 16:
9 Each and every canceled check, money order, draft, debit or credit notice issued to any

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servicers of Defendant’s account for payment of any monthly payment, other payment, escrow
charge, fee or expense on the account. If none, state “none”.
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REQUEST FOR PRODUCTION NO. 17:
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All account servicing records, payment payoffs, payoff calculations, ARM audits, interest
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rate adjustments, payments records, transaction histories, account histories, accounting records,
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ledgers, and documents that relate to the accounting of Defendants’ account from the inception
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of the account to the present date. If none, state “none”.
16 REQUEST FOR PRODUCTION NO. 18:
17 All descriptions and legends of all Codes used in YOUR mortgage servicing and
18 accounting system so as to enable the examiners and auditors and experts retained to audit and
19 review this mortgage account to properly carry on their work. If none, state “none”.

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Dated: July 26, 2010 LAW OFFICES OF
TIMOTHY MCCANDLESS ESQ.
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23 _____________________________________
Timothy L. McCandless, Esq.,
24 Attorney for Defendants
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ANTHONY J. MARTIN

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NOTICE TO APPEAR
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PROOF OF SERVICE
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STATE OF CALIFORNIA, COUNTY OF RIVERSIDE
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I am over the age of 18 and not a party to this action. My business address is 1881 Business
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Center Drive, Ste 9A, San Bernardino, CA 92408, which is located in the county where the
5 mailing described took place.

6 On January 15, 2011, I served the foregoing document(s) described: DEFENDANT’S

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NOTICE TO APPEAR AT TRIAL which were served upon:

8 ATTORNEYS FOR U.S. BANK

9 John E. Bouzane, Esq.
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Law Offices of John E. Bouzane
634 Oak Court
11 San Bernardino, CA 92410
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In the following manner of service:
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[ xx ] BY PERSONAL SERVICE.
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I personally delivered the documents to the persons at the address(s) listed above. (1) For a party
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represented by an attorney, delivery was made to the attorney or at the attorney's office by
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leaving the documents, in an envelope or package clearly labeled to identify the attorney being
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served, with a receptionist or an individual in charge of the office, between the hours of nine in
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the morning and five in the evening. (2) For a party, delivery was made to the party or by leaving
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the documents at the party's residence with some person not younger than 18 years of age
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between the hours of eight in the morning and six in the evening.
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22 (State) XXXX I declare under penalty of perjury under the laws of the State of
California that the above is true and correct.
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(Federal) ____ I declare that I am employed in the office of a member of the bar of this Court at
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whose direction the service was made.
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__xxxx BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to the
26 addressee(s) above.
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28 TIMOTHY L. MCCANDLESS

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NOTICE TO APPEAR