Frison v. WMC Mortgage Corporation et al
Federal Civil Lawsuit California Southern District Court, Case No. 3:09-cv-01733

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Last Updated August 28, 2016 at 3:56 PM DT (4.9 years ago) Request Update Request UpdateSpaceE-Mail Alert Get E-Mail Alerts

No Logo Viola Frison, Plaintiff

Toggle Switch Represented by Atkins & Davidson APC

Name Phone Fax E-Mail
Space Todd Christopher Atkins +1 619 255 2380 +1 619 231 4984 tatkins@siprut.com

Toggle Switch Represented by Quintana Sarte Reynard LLP

Name Phone Fax E-Mail
Space Victoria L. Carry +1 619 231 6655 +1 619 243 0080 vlc@qrlawfirm.com
Space Lincoln B Quintana +1 619 231 6655 +1 619 243 0080 lbq@qrlawfirm.com
v.
No Logo All other claimants of whatsoever kind and character against real property commonly known as 440 Ringwood Drive, San Diego, CA 92114, Defendant
Deutsche Bank AG Deutsche Bank AG, Defendant
Officially listed as "Deutsche Bank"
Unknown Role, Nrp, Inc.
Unknown Role, Sherwood Group, Inc.,
Unknown Role, Briazz, Inc.
Unknown Role, Dsl.net, Inc.
Unknown Role, Blockbuster, Inc.
Unknown Role, Korea Fund Inc
Unknown Role, Brazil Fund Inc
Unknown Role, Solv Ex Corp
Unknown Role, Newmark Homes Corp
Unknown Role, Comple Tel Europe Nv
Unknown Role, Doblique Inc
Unknown Role, Mesa Airlines Inc
Unknown Role, Emerson Radio Corp
Unknown Role, Emachines Inc /de/
Unknown Role, Rreef America L.l.c.
Unknown Role, Id Arizona Corp.
No Logo Does, Defendant
No Logo Oceanfront Mortgage, Inc., Defendant

Toggle Switch Represented by Higgs Fletcher & Mack LLP

Name Phone Fax E-Mail
Space Edwin Mendelson Boniske +1 619 236 1551 +1 619 696 1410 boniske@higglaw.com
No Logo Leallen Frost, Defendant
Officially listed as "Saxon Mortgage Services Inc."

Toggle Switch Represented by Wright Finlay & Zak LLP

Name Phone Fax E-Mail
Space Charles Christopher McKenna +1 949 477 5050 +1 949 477 9200 Cmckenna@wrightlegal.net
No Logo Wmc Mortgage Corporation, Defendant

Toggle Switch Represented by Law Offices of Ward S Clay

Name Phone Fax E-Mail
Space Mark V Asdourian +1 949 644 5300 +1 949 644 5301 mva-esq@pacbell.net
Citation Section 15 U.S.C. § 1601
Nature of Suit 371 - Personal Property: Truth in Lending
  Entries (47) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 46 Filed: 1/10/2012, Entered: None
NOTICE of Non-Compliance with Local Rule 5.4(a) Mandatory Electronic Filing re 45 Notice of Change of Address filed by Viola Frison (kaj) (Entered: 01/11/2012)
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    Legal Document (Payment Possibly Required) 45 Filed: 1/10/2012, Entered: None
    NOTICE of Change of Address by attorney Lincoln B Quintana, counsel for plaintiff Viola Frison (kaj) (Entered: 01/11/2012)
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      Legal Document (Payment Possibly Required) 44 Filed: 9/30/2011, Entered: None
      CLERK'S JUDGMENT IT IS SO ORDERED AND ADJUDGED that Viola Frison's TILA and RESPA claims are dismissed with prejudice. The remaining claims are dismissed without prejudice but without leave to amend. The complaint in its entirety is dismissed without leave to amend (kaj) (jrl). (Entered: 09/30/2011)
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        Blank 43 Filed: 9/30/2011, Entered: None Court Filing
        ORDER Granting Motions to Dismiss 28 , 29 ; Frison's TILA and RESPA claims are dismissed with prejudice. The remaining claims are dismissed without prejudice but without leave to amend. The complaint in its entirety is dismissed without leave to amend. Other requests are denied as moot and all pending dates are vacated. Signed by Judge Larry Alan Burns on 9/29/11. (kaj) (jrl). (Entered: 09/30/2011)
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          Legal Document (Payment Possibly Required) 42 Filed: 8/11/2011, Entered: None
          MOTION to Substitute Attorney by Viola Frison. (Attachments: # 1 Proof of Service)(Quintana, Lincoln) qc mail sent re incorrect mag judge initials on doc., e-mailing proposed orders (kaj). (Entered: 08/11/2011)
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            Legal Document (Payment Possibly Required) 41 Filed: 5/3/2011, Entered: None Court Filing
            ORDER granting 40 Motion to Dismiss Defendant Oceanfront Mortgage, Inc.; all claims against Oceanfront Mortgage, Inc. are dismissed without prejudice; Signed by Judge Larry Alan Burns on 5/3/11. (kaj) (jrl). (Entered: 05/03/2011)
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              Legal Document (Payment Possibly Required) 40 Filed: 5/2/2011, Entered: None
              MOTION to Dismiss Party Oceanfront by Viola Frison. (Attachments: # 1 Proof of Service (electronic))(Quintana, Lincoln) (kaj). (Entered: 05/02/2011)
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                Legal Document (Payment Possibly Required) 39 Filed: 4/19/2011, Entered: None Court Filing
                ORDER granting 37 Joint Motion and Stipulated Request for Extension of Time. Defendant Oceanfront Mortgage, Inc. to respond to Plaintiff's First Amended Complaint no later than 4/29/2011. Signed by Judge Larry Alan Burns on 4/18/11. (rlu) (av1). (Entered: 04/19/2011)
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                  Legal Document (Payment Possibly Required) 38 Filed: 4/13/2011, Entered: None
                  CERTIFICATE OF SERVICE by Oceanfront Mortgage, Inc. re 37 Joint MOTION for Extension of Time to File Response/Reply as to 24 Amended Complaint, (Boniske, Edwin) (kaj). (Entered: 04/13/2011)
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                    Legal Document (Payment Possibly Required) 37 Filed: 4/13/2011, Entered: None
                    Joint MOTION for Extension of Time to File Response/Reply as to 24 Amended Complaint, by Oceanfront Mortgage, Inc.. (Boniske, Edwin) (kaj). (Entered: 04/13/2011)
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                      Legal Document (Payment Possibly Required) 36 Filed: 3/25/2011, Entered: None Court Filing
                      TRANSFER ORDER: Magistrate Judge Jan M. Adler is no longer assigned to the case and Magistrate Judge Mitchell D. Dembin is now assigned. All conferences or hearing dates set before Judge Adler are vacated, until further order. Any dates set before the district judge remain unchanged. The new case number is 09CV1733 LAB MDD. Signed by Magistrate Judge Jan M. Adler on 3/25/2011.(mtb) (jcj). (Entered: 03/25/2011)
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                        Legal Document (Payment Possibly Required) 35 Filed: 3/11/2011, Entered: None Court Filing
                        Transfer Order: Magistrate Judge Anthony J. Battaglia is no longer assigned to case and Magistrate Judge Jan M. Adler is now assigned. All conferences or hearing dates set before Judge Battaglia are now set before Judge Adler, until further order. Any dates set before the district judge remain unchanged. The new case number is 09CV1733 LAB JMA. Signed by Judge Anthony J. Battaglia on 3/11/2011.(mtb) (Entered: 03/14/2011)
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                          Legal Document (Payment Possibly Required) 34 Filed: 2/2/2011, Entered: None Court Filing
                          Minute Entry by Chambers of Judge Larry Alan Burns: Currently on calendar for Monday, February 7, 2011 at 11:15 a.m. is a hearing on Defendants' motions to dismiss 28 , 29 . Pursuant to Civil Local Rule 7.1(d)(1), the Court finds these matters suitable for decision without oral argument. Accordingly, the hearing on these motions is taken off calendar and this matter is taken under submission. No appearances will be required in this matter on Monday, February 7, 2011.(Court Reporter N/A).(Plaintiff Attorney N/A). (Defendant Attorney N/A). (kaj) (Entered: 02/02/2011)
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                            Legal Document (Payment Possibly Required) 33 Filed: 1/31/2011, Entered: None
                            REPLY to Response to Motion re 29 MOTION to Dismiss filed by WMC Mortgage Corporation. (Asdourian, Mark) qc mail re mag judge initials, address (kaj). (Entered: 01/31/2011)
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                              Legal Document (Payment Possibly Required) 32 Filed: 1/28/2011, Entered: None
                              REPLY to Response to Motion re 28 MOTION to Dismiss First Amended Complaint For Failure to State a Claim for Relief filed by Deutsche Bank, Saxon Mortgage Services Inc. (McKenna, Charles) Modified on 1/31/2011 to modify text; qc mail sent re correct event (kaj). (Entered: 01/28/2011)
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                                Legal Document (Payment Possibly Required) 31 Filed: 1/24/2011, Entered: None
                                RESPONSE in Opposition re 29 MOTION to Dismiss filed by Viola Frison. (Attachments: # 1 Request for Judicial Notice, # 2 Proof of Service)(Carry, Victoria) (kaj). (Entered: 01/24/2011)
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                                  Legal Document (Payment Possibly Required) 30 Filed: 1/24/2011, Entered: None
                                  RESPONSE in Opposition re 28 MOTION to Dismiss First Amended Complaint For Failure to State a Claim for Relief filed by Viola Frison. (Attachments: # 1 Proof of Service)(Carry, Victoria) (kaj). (Entered: 01/24/2011)
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                                    Legal Document (Payment Possibly Required) 29 Filed: 1/10/2011, Entered: None
                                    MOTION to Dismiss by WMC Mortgage Corporation. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice)(Asdourian, Mark) (tkl). (Entered: 01/10/2011)
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                                      Legal Document (Payment Possibly Required) 28 Filed: 12/10/2010, Entered: None
                                      MOTION to Dismiss First Amended Complaint For Failure to State a Claim for Relief by Deutsche Bank, Saxon Mortgage Services Inc.. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice, # 3 Proof of Service)(McKenna, Charles) (kaj). (Entered: 12/10/2010)
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                                        Legal Document (Payment Possibly Required) 27 Filed: 12/8/2010, Entered: None Court Filing
                                        ORDER granting 26 Joint Motion for Extension of Time to Plead; the time to plead for WMC Mortgage, LLC, the successor in interest to WMC Mortgage Corporation is extended until January 8, 2011; Signed by Judge Larry Alan Burns on 12/7/10. (kaj) (jrl). (Entered: 12/08/2010)
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                                          Legal Document (Payment Possibly Required) 26 Filed: 11/30/2010, Entered: None
                                          Joint MOTION for Extension of Time to File Response/Reply as to 24 Amended Complaint, by WMC Mortgage Corporation. (Asdourian, Mark) (kaj). (Entered: 11/30/2010)
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                                            Legal Document (Payment Possibly Required) 25 Filed: 11/12/2010, Entered: None
                                            Summons Issued as to First Amended Complaint. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (kaj) (Entered: 11/12/2010)
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                                              Legal Document (Payment Possibly Required) 24 Filed: 11/10/2010, Entered: None
                                              FIRST AMENDED COMPLAINT with Jury Demand against All other claimants of whatsoever kind and character against real property commonly known as 440 Ringwood Drive, San Diego, CA 92114, Does, Saxon Mortgage Services, Inc, WMC Mortgage Corporation, Oceanfront Mortgage, Inc., Deutsche Bank, filed by Viola Frison. (Attachments: # 1 Proof of Service) (Carry, Victoria) (kaj). (Entered: 11/10/2010)
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                                                Legal Document (Payment Possibly Required) 23 Filed: 10/29/2010, Entered: None Court Filing
                                                ORDER granting 21 , 22 Motion for Extension of Time to File First Amended Complaint; the deadline for plaintiff Viola Frison to electronically file her First Amended Complaint shall be continued to November 11, 2010; Signed by Judge Larry Alan Burns on 10/29/10. (kaj) (jrl). (Entered: 11/01/2010)
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                                                  Legal Document (Payment Possibly Required) 22 Filed: 10/26/2010, Entered: None
                                                  Joint MOTION for Extension of Time to Amend Complaint by Viola Frison. (Attachments: # 1 Proof of Service)(Carry, Victoria) (kaj). (Entered: 10/26/2010)
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                                                    Legal Document (Payment Possibly Required) 21 Filed: 10/25/2010, Entered: None
                                                    Joint MOTION for Extension of Time to Amend Complaint by Viola Frison. (Attachments: # 1 Proof of Service)(Carry, Victoria) (kaj). (Entered: 10/25/2010)
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                                                      Legal Document (Payment Possibly Required) 20 Filed: 10/5/2010, Entered: None
                                                      NOTICE by Viola Frison Disassociation of Counsel (Attachments: # 1 Proof of Service)(Atkins, Todd) (kaj). (Entered: 10/05/2010)
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                                                        Legal Document (Payment Possibly Required) 19 Filed: 9/30/2010, Entered: None Court Filing
                                                        ORDER granting motion to expunge notice of lis pendens 6 and dismissing complaint without prejudice 5 , 8 ; the request for attorney's fees 6 is denied without prejudice; the complaint fails to state a claim; the request for rescission under TILA is dismissed without leave to amend, because her right to rescind under this statute is time-barred and tolling does not apply; in other respects, the complaint is dismissed without prejudice; if Plaintiff wishes to file an amended complaint to remedy the defects identified in this order, she may do so no later than 28 calendar days from the date this order is issued; the request to strike is denied as unripe 5 ; all requests for judicial notice are denied, and requests for a more definite statement are denied as moot; Signed by Judge Larry Alan Burns on 9/29/10. (kaj) (cap). (Entered: 09/30/2010)
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                                                          Legal Document (Payment Possibly Required) 18 Filed: 5/26/2010, Entered: None
                                                          NOTICE of Change of Firm Name by Viola Frison (Attachments: # 1 Proof of Service)(Carry, Victoria) (pdc). (Entered: 05/26/2010)
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                                                            Legal Document (Payment Possibly Required) 17 Filed: 2/10/2010, Entered: None
                                                            Minute Entry: Currently on calendar for Tuesday, February 16, 2010 at 11:15 a.m. is a hearing on Defendant WMC Mortgage Corporation's motion to dismiss. The Court finds this matter suitable for decision without oral argument. Accordingly, the hearing on this matter is taken off calendar and this matter is taken under submission. No appearances will be required in this matter on Tuesday, February 16, 2010.(pdc) (jrl). (Entered: 02/11/2010)
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                                                              Legal Document (Payment Possibly Required) 16 Filed: 2/5/2010, Entered: None
                                                              REPLY to Response to 8 MOTION to Dismiss filed by WMC Mortgage Corporation. (Attachments: # 1 Request for Judicial Notice)(Asdourian, Mark) (pdc). (Entered: 02/05/2010)
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                                                                Blank 43 Filed: 10/1/2011, Entered: None Court Filing
                                                                ORDER Granting Motions to Dismiss 28 , 29 ; Frison's TILA and RESPA claims are dismissed with prejudice. The remaining claims are dismissed without prejudice but without leave to amend. The complaint in its entirety is dismissed without leave to amend. Other requests are denied as moot and all pending dates are vacated. Signed by Judge Larry Alan Burns on 9/29/11. (kaj)
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                                                                  Legal Document (Payment Possibly Required) 15 Filed: 2/2/2010, Entered: None
                                                                  RESPONSE in Opposition re 8 MOTION to Dismiss filed by Viola Frison. (Attachments: # 1 Request for Judicial Notice, # 2 Proof of Service)(Atkins, Todd) (pdc). (Entered: 02/02/2010)
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                                                                    Blank 14 Filed: 12/14/2009, Entered: None Court Filing
                                                                    ORDER Striking Paragraph 6 of the Complaint. Signed by Judge Larry Alan Burns on 12/11/09. (pdc)(jrl). (Entered: 12/14/2009)
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                                                                      Legal Document (Payment Possibly Required) 13 Filed: 12/9/2009, Entered: None
                                                                      CERTIFICATE OF SERVICE by Viola Frison re 12 Response to Order to Show Cause (Quintana, Lincoln) (pdc). (Entered: 12/09/2009)
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                                                                        Legal Document (Payment Possibly Required) 12 Filed: 12/9/2009, Entered: None
                                                                        RESPONSE TO ORDER TO SHOW CAUSE by Viola Frison. (Quintana, Lincoln) (pdc). (Entered: 12/09/2009)
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                                                                          Legal Document (Payment Possibly Required) 11 Filed: 12/4/2009, Entered: None Court Filing
                                                                          ORDER Re Hearing; and ORDER to Show Cause Re Qualified Written Request: Currently on calendar for Monday, December 7, 2009 at 11:15 a.m. is a hearing on Defendants' motion to dismiss. The Court finds this matter generally suitable for decision without oral argument. Accordingly, the hearing on this matter is taken off calendar and this matter is taken under submission except as discussed in this order. No appearances will be required in this matter on Monday, December 7, 2009. Plaintiff is ordered to show cause why paragraph 6 of the Complaint should not be stricken as immaterial and impertinent. He may do so by filing a memorandum of points and authorities, no longer than three pages, no later than three court days from the date this order is entered. If he agrees the "Qualified Written Request" may properly be stricken from the Complaint, he is ORDERED to file a notice so stating. Signed by Judge Larry Alan Burns on 12/4/09. (pdc) (kaj). (Entered: 12/04/2009)
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                                                                            Legal Document (Payment Possibly Required) 10 Filed: 11/20/2009, Entered: None
                                                                            RESPONSE in Opposition to 6 MOTION to Expunge Notice of Pendency of Action MOTION for Attorney Fees filed by Viola Frison. (Attachments: # 1 Proof of Service)(Atkins, Todd)(pdc). (Entered: 11/20/2009)
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                                                                              Legal Document (Payment Possibly Required) 9 Filed: 11/20/2009, Entered: None
                                                                              RESPONSE in Opposition re 5 MOTION to Dismiss for Failure to State a Claim for Relief, or in the Alternative for a More Definite Statement and/or MOTION to Strike filed by Viola Frison. (Attachments: # 1 Declaration, # 2 Proof of Service)(Atkins, Todd) Atty contacted re document not signed (pdc). (Entered: 11/20/2009)
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                                                                                Blank 8 Filed: 11/12/2009, Entered: None Motion to Dismiss
                                                                                MOTION to Dismiss by WMC Mortgage Corporation. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice)(Asdourian, Mark)(cap). (Entered: 11/12/2009)
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                                                                                Legal Document (Payment Possibly Required) 7 Filed: 10/20/2009, Entered: None
                                                                                NOTICE of Change of Address by Lincoln B Quintana (Attachments: # 1 Proof of Service)(Quintana, Lincoln) (pdc). (Entered: 10/20/2009)
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                                                                                  Legal Document (Payment Possibly Required) 6 Filed: 10/2/2009, Entered: None
                                                                                  MOTION to Expunge Notice of Pendency of Action, MOTION for Attorney Fees by Saxon Mortgage Service, Inc. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice)(McKenna, Charles) (pdc). (Entered: 10/02/2009)
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                                                                                    Legal Document (Payment Possibly Required) 5 Filed: 10/2/2009, Entered: None Motion to Dismiss
                                                                                    MOTION to Dismiss for Failure to State a Claim for Relief, or in the Alternative for a More Definite Statement and/or, MOTION to Strike by Saxon Mortgage Service, Inc. (Attachments: # 1 Memo of Points and Authorities, # 2 Request for Judicial Notice)(McKenna, Charles) (pdc). (Entered: 10/02/2009)
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                                                                                      Legal Document (Payment Possibly Required) 4 Filed: 8/12/2009, Entered: None Court Filing
                                                                                      Minute Entry: It is hereby ordered that Magistrate Judge Nita L. Stormes recuses from this case and orders that the case be reassigned to another judge. Magistrate Judge Anthony J. Battaglia randomly assigned. New case number is 09cv1733 LAB(AJB);(pdc) (jrl). (Entered: 08/12/2009)
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                                                                                        Legal Document (Payment Possibly Required) 3 Filed: 8/10/2009, Entered: None
                                                                                        Summons Issued (pdc) (Entered: 08/11/2009)
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                                                                                          Legal Document (Payment Possibly Required) 2 Filed: 8/10/2009, Entered: None
                                                                                          NOTICE of Lis Pendens by Viola Frison (pdc) (Entered: 08/11/2009)
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                                                                                            Blank 1 Filed: 8/10/2009, Entered: None
                                                                                            COMPLAINT with Jury Demand against WMC Mortgage Corporation, Saxon Mortgage Service, Inc, All other claimants of whatsoever kind and character against real property commonly known as 440 Ringwood Drive, San Diego, CA 92114, Does ( Filing fee $ 350 receipt number CAS004065.), filed by Viola Frison.(knh) (kaj). Modified on 12/14/09 to strike paragraph 6 per 14 Order (pdc). (Entered: 08/11/2009)
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