1 WILLIAM TEZAK (SPACE BELOW FOR FILE STAMP ONLY)

16458 Bolsa Chica St., #330

2 Huntington Beach, California 92649
Telephone: (775) 525-1030
3 Facsimile: (775) 255.4384
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Attorney In Pro per
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6 SUPERIOR COURT OF THE STATE OF CALIFORNIA
7 IN AND FOR THE COUNTY OF ORANGE
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CENTRAL JUSTICE CENTER
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KEVIN E. MONSON, an individual; ) [LIMITED JURISDICTION]
10 )
Plaintiff, ) Case No.: 30-2015-00794931-CL-UD-CJC
11 )
)
12 vs. ) Judge: Timothy J. Stafford
)
13 ) REQUEST FOR JUDICIAL NOTICE
) (EVIDENCE CODE §§451, et Seq.
14 WILLIAM TEZAK, an individual; )
) [Evidence Code §451 & CRC, Rule 3.1306(c)]
15 )
Defendant, )
16 ) Date: October 29, 2015
) Dept/Time:  Dept. C66_at _ 1:30 p.m.
17 )  Dept. _____ at ____ a.m.
)
18 ) [Appearing, pursuant to Cal. Const., Art. 1, 6
) & 7 and CCP §415.45]
19 )
) Date Action Filed: June 23, 2015
20 ) Trial Date: Not Set
)
21 TO THE ABOVE ENTITLED COURT, ALL DEFENDANTS AND THEIR ATTORNEY
22 OF RECORD:

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Plaintiff William Tezak requests the within Court take judicial notice of the following
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public documents evidencing that an adverse claim existed prior to the filing of Plaintiff’s
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unlawful detainer action proving that Plaintiff is not a “Bona Fide Purchaser” based on a void
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sale not in compliance with California Homeowner Bill of Rights Act (HBOR) as codified in
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Civil Code section 2924 Et Seq. and in violation of the preliminary injunction order enjoining
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1
REQUEST FOR JUDICIAL NOTICE (EVIDENCE CODE §451)
1 such trustee sale, as in support of Defendants’ Motion to Quash and Dismissal for failure to meet

2 the prerequisite requirements under Code of Civil Procedure, section 1161a, as follows:

3 1. Notice of Pending Action (Lis Pendens) as recorded (Instrument No. 2015000195968

4 on 04/16/15) in the County of Orange Records Office, in and for the State of California for the

5 Wrongful foreclosure Action filed on April 16, 2015 (Orange County court Case No. 30-2015-

6 00782798) which is currently pending before this court as an adverse claim against the purported

7 Trustee Northwest Trustee services, Inc., a true and correct copy of which is attached hereto as

8 Exhibit “A”.

9 2. Notice of Pending Action (CCP 405.2, 405.20, 405.21, 405.22) as recorded

10 (Instrument No. 2015000315400 on 06/17/15) in the County of Orange Records Office, in and

11 for the State of California for the Wrongful foreclosure Action filed on April 16, 2015 (Orange

12 County court Case No. 30-2015-00782798) which is currently pending before this court as an

13 adverse claim against the purported Trustee Northwest Trustee services, Inc., a true and correct

14 copy of which is attached hereto as Exhibit “B”.

15 3. NOTICE AND TEMPORARY RESTRAINING ORDER FOR NON-JUDICIAL

16 FORECLOSURE, as recorded (Instrument No. 2015000317444 on 04/18/15) in the County of

17 Orange Records Office, in and for the State of California for the Wrongful foreclosure Action

18 filed on April 16, 2015 (Orange County court Case No. 30-2015-00782798) which is currently

19 pending before this court as an adverse claim against the purported Trustee Northwest Trustee

20 services, Inc., a true and correct copy of which is attached hereto as Exhibit “C”.

21 4. NOTICE AND ORDER FOR PRELIMINARY INJUNCTION ON NON-JUDICIAL

22 FORECLOSURE, as recorded (Instrument No. 2015000317445 on 04/18/15) in the County of

23 Orange Records Office, in and for the State of California for the Wrongful foreclosure Action

24 filed on April 16, 2015 (Orange County court Case No. 30-2015-00782798) which is currently

25 pending before this court as an adverse claim against the purported Trustee Northwest Trustee

26 services, Inc., a true and correct copy of which is attached hereto as Exhibit “D”

27 5. MINUTE ORDER on EXPARTE APPLICATION- ORDER TO SHOW CAUSE RE:

28 CONTEMPT in Orange County court Case No. 30-2015-00782798 evidencing that the court

2
REQUEST FOR JUDICIAL NOTICE (EVIDENCE CODE §451)
1 recognized a violation of the temporary restraining order and preliminary injunction allowing

2 Northwest Trustee services, Inc. to bring forth their position on violation of the orders of the

3 court which is currently pending before this court as an adverse claim against the purported

4 Trustee Northwest Trustee services, Inc., a true and correct copy of which is attached hereto as

5 Exhibit “E”

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7 Dated: October 28, 2015 Respectfully submitted,
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10 _________________________________
Defendant, WILLIAM TEZAK
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REQUEST FOR JUDICIAL NOTICE (EVIDENCE CODE §451)
1 PROOF OF SERVICE

2 STATE OF CALIFORNIA )
)ss.
3
COUNTY OF ORANGE )
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5 I am a citizen of the United States and a resident of the County of Orange, State of California. I
am over the age of eighteen (18) years and not a party to the within action; my business address
6 is 7851 Southlake Dr., #7, Huntington Beach, California 92648.
7 On October 29, 2015, I caused to be served the following document(s): REQUEST FOR
8 JUDICIAL NOTICE (EVIDENCE CODE §§451, et Seq.

9 Kevin E. Monson
18430 Brookhurst St., Suite 202N
10 Fountain Valley, California 92708
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( ) (MAIL) I caused such document, in a sealed addressed envelope, with postage thereon
12 fully prepaid, to be placed in the United States mail.
13 (X ) (BY PERSONAL DELIVERY) I personally delivered a copy of the document, in a
sealed addressed envelope, by hand to the offices of the addressee.
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( ) (BY FAX) I served such document by facsimile transmission from 16458 Bolsa Chica St.,
15 Huntington Beach, California 92649 on ______________to the above listed individuals.
( ) (EXPRESS DELIVERY) I caused such document, in a sealed addressed envelope, with
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postage thereon fully prepaid, to be delivered by overnight delivery by __________________,
17 at Fountain Valley, California.

18 I am "readily familiar” with the firm's practice of collection and processing correspondence for
19 mailing. It is deposited with the United States Postal Service on that same day in the ordinary
course of business. I am aware that on motion of a party served, service is presumed invalid if
20 postal cancellation date or postage meter date is more than one (1) day after date of deposit for
mailing in affidavit.
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I declare under penalty of perjury of the laws of the State of California that the foregoing is true
22 and correct and that their declaration was executed on October 29, 2015, at Huntington Beach,
23 California.

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25 _______________________________

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PROOF OF SERVICE