Case 6:11-ap-01001-SC Doc 16 Filed 03/15/11 Entered 03/15/11 11:55:00 Desc

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GLOBAL CAPITAL LAW

GARRY HARRE, ESQ. (86938)
DIANE BEALL (86877)
8700 WARNER AVE., STE #200
FOUNTAIN VALLEY, CA 92708
PHONE: (714)-907-4182
FAX (714)-907-4175
ghcmecf@gmail.com

Attorney for Debtor, Brian W. Davies

UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
RIVERSIDE DIVISION

In re ) CASE NO. 6:10-BK-37900-SC

)
BRIAN W. DAVIES ) CASE NO. 6:11-AP-01001-SC
)
)
)
BRIAN W. DAVIES, an Individual. )
)
Plaintiff, )
) PLAINTIFF'S REQUEST FOR
-vs.- ) JUDICIAL NOTICE # 5
)
DEUTSCHE BANK NATIONAL TRUST ) CENTRAL DISTRICT CALIFORNIA
COMPANY, AS TRUSTEE OF THE ) RIVERSIDE DIVISION BANKRUPTCY
RESIDENTIAL ASSET SECURITIZATION ) CASE NO. 6:10-BK-37900-SC
TRUST 2007-A5, MORTGAGE PASS- )
THROUGH CERTIFICATES, SERIES
) DOCKET 29
2007-E, UNDER THE POOLING AND
) DOCKET 49
SERVICING AGREEMENT DATED March
1, 2007, ITS ASSIGNS AND/OR ) DOCKET 64
SUCCESSORS IN INTEREST; and all )
persons claiming by, through, or under )
such person, all persons unknown, )
claiming any legal or equitable right, title, )
estate, lien, or interest in the property ) Honorable Scott C. Clarkson
described in the complaint adverse to ) 411 West Fourth Street, Suite 5130
Plaintiff's title thereto; and DOES 1-150, ) Santa Ana, CA 92701-4593
Inclusive; )
)
Defendants. )
Case 6:11-ap-01001-SC Doc 16 Filed 03/15/11 Entered 03/15/11 11:55:00 Desc
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In connection with Debtor's Adversary, Plaintiff, Brian W. Davies, through
2
his Attorney and pursuant Federal Rules of Evidence, Rule 201, hereby requests
3
that the Court take “Judicial Notice” of [Docket 29]; [Docket 49]; and [Docket 64];
4 filed under Debtor’s Chapter 7 Bankruptcy Case.
5 [Docket 29] is entitled "Notice of Motion and Motion for Relief from the
6 Automatic Stay Under 11 U.S.C. § 362 (with supporting declarations) Movant:
7 OneWest Bank, FSB." The document includes 10 pages of the mandatory form
8 F 4001-1M.RP (including a real property declaration of Assistant Vice President
9 Brian Burnett on September 20, 2010), exhibit #1 a deed of trust (19 pages),
10 exhibit #2 promissory note (5 pages), an assignment of the deed of trust dated

11 9/20/2010 (2 pages), and an un-amended copy of Debtor’s Schedule D and

12 attached as Exhibit "A"

13 [Docket 49] is entitled "Notice of Motion and Motion for Relief from the

14 Automatic Stay Under 11 U.S.C. § 362 (with supporting declarations) Movant:

15 OneWest Bank, FSB as servicing agent for Deutsche Bank." The document
includes 10 pages of the mandatory form F 4001-1M.RP (including a real
16
property declaration of Assistant Vice President Brian Burnett on September 20,
17
2010) and attached as Exhibit "B".
18
[Docket 64] is entitled "Order Denying Motion for Relief from the Automatic
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Stay under 11 U.S.C. § 362 (Movants: ONEWEST BANK [29] ONEWEST BANK AS
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AGENT OF DEUTSCHE BANK [49]." This document includes 6 pages of the
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mandatory form F 4001-10 DENY and attached as Exhibit "C".
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Wherefore the Plaintiff Debtor respectfully requests the aforementioned
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Documents to be Judicially Noticed.
24
Respectfully Submitted,
25
March 15, 2011
26
_____________________________________
27 GARRY HARRE, ESQ.
Attorney for Debtor Plaintiff, BRIAN W. DAVIES
28

DEBTOR AND PLAINTIFF REQUEST FOR JUDICIAL NOTICE #5

CALIFORNIA CENTRAL DISTRICT RIVERSIDE BANKRUPTCY CASE NO. 6:10-BK-37900 DOCKET 29, DOCKET 49, DOCKET 64