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1 PAUL NGUYENLAURA NGUYEN2 16141 Quartz StreetWestminster, CA 926833 Teler.hone: (714) 360-7602EmaIl: mnapaulf@gmail.com456789

1011

Plaintiffs in Pro Persona

UNITED STATES DISTRICT COURTCENTRAL DISTRICT OF CALIFORNIA

~ - Plo

12 PAUL NGUYEN, an individual; and Case No. CV09-4589 (AJWx)13 LAURA NGUYEN, an individual,14151617

Plaintiffs,v.

18 Chase Bank USA, N.A.; Chase HomeFinance, LLC; First American Loanstar19 Trustee Services.2021

Defendants.

NOTICE OF PLAINTIFFS' MOTIONAND MOTION FOR ENTRY OFDEFAULT JUDGMENT.DATE:TIME:ROOM:

OCT. 4, 201010:00 AM14HON. A. HOWARD MATZ

TO DEFENDANTS AND THEIR ATTORNEYS OF RECORD:2223 PLEASE TAKE NOTICE that on October 4,2010, at 10:00 AM or as soon24 thereafter as the matter may be heard, Plaintiff Paul Nguyen and Laura Nguyen will25 move the above entitled Court for entry of Judgment by Default against defendants

Chase Bank USA, N.A., Chase Home Finance, LLC and First American Loanstar26 Trustee Services, for rescission and damages 15 U.S.C. 1635, 12 C.F.R. 226, 1227 U.S.C. 2601 et.seq., quiet title, and State unfair business practice, for punitive28

NOTICE OF PLAINTIFFS' MOTION AND MOTION FOR ENTRY OF DEFAULT JUDGMENT.

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damages under State law, for Judgment compelling Defendant to reconvey deed oftrust, and for plaintiffs' costs.

This Motion is made upon the following ground, as set forth more fully in thesupporting papers filed and served with this Notice ofMotion and Motion:

l. Pursuant to the Court's August 23,2010 Minute Order, the Court enterdefault judgment against defendants Chase Bank USA, N.A. and Chase HomeFinance, LLC on Plaintiffs' Second Amended Complaint.

2. Court held in abeyance all claims against defendant First AmericanLoanstar because Plaintiffs were unsure as to what claims are against this Defendant.Plaintiffs are now requesting the Court to enter judgment against Defendant FirstAmerican Loanstar Trustee Services as non-monetary status with regard to the DeedofTrust. [Docket # 85].

3. Defendant Chase Bank USA, NA intentionally forged the signature ofPlaintiff Laura Nguyen onto the Deed ofTrust, Notice ofRight to Cancel and otherdocuments related to the mortgage loan (1 st Claim for Relief).

4. Plaintiffs exercised their rights to rescind the mortgage loan and madeoffer to tender. Defendant Chase Bank USA, NA refused to rescind Plaintiffs' loanin their willful violations of law (2nd Claim for Relief).

5. Defendant Chase Home Finance, LLC failed to response to PlaintiffPaul Nguyen Qualified Written Request sent on April 8, 2009 as required by laws(3 rd Claim for Relief).

6. The conducts ofDefendant Chase Bank USA, NA and Chase HomeFinance, LLC constitute unfair business practice pursuant to California Business andProfessions 17200 et.seq. (4th Claim for relief).

7. Defendants Chase Bank USA, NA and First American Loanstar TrusteeServices wrongfully claims interest in Plaintiffs' property and such claims are quietand title restored to Plaintiffs.

- 2 -NOTICE OF PLAINTIFFS' MOTION AND MOTION FOR ENTRY OF DEFAULT JUDGMENT.

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This Motion is based on this Notice ofMotion and Motion and the accompanyMemorandum ofPoints and Authorities and Declarations, the Second AmendedComplaint, the Default by Court and other documents filed in this action, the mattersofwhich Plaintiffs requests the Court take judicial notice and upon such furtherevidence and argument as may offered in support of the Motion.

DATED: I ? ~ / t ) ~ l N g u y e n , Plaintiff

DATED: t '7--10

- 3 -NOTICE OF PLAINTIFFS' MOTION AND MOTION FO R ENTRY OF DEFAULT JUDGMENT.

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Case 2:09-cv-04589-AHM-AJW Document 123 Filed 09/13/10 Page 4 of 4 Page ID #:1137

PROOF OF SERVICE

I am a citizen of the United States; I am over 18 years of age; my business address is 9353 BolsaAve, #L4, Westminster, California 92683. I am employed in the County of Orange where thismailing occurred.On 09113/2010 , I served the following document(s):

PLAINTIFFS' MOTION FOR ENTRY OF DEFAULT JUDGMENT, POINT AUTHORITY INSUPPORT THEREOF.By placing a true copy thereof enclosed in a sealed envelope and served in the manner describedbelow to each of the parties herein and addressed as follows:

ADORNO YOSS ALVARADO & SMITHAttention S. Christopher Yoo1 MacArthur Place, Suite 200Santa Ana, CA 92707

WRIGHT, FINLAY & ZAK, LLPAttention: T. Robert Finlay4665 MacArthur Court, Suite 280Newport Beach, CA 92660

xx BY MAIL: I caused such envelope(s) to be deposited in the mail at my business address,addressed to the addressee(s) designated. It is deposited with the United States Postal Service on thatsame day in the ordinary course of business.

BY HAND DELIVERY: I caused such envelope(s) to be delivered by hand to theaddressee(s) designated.

BY FEDERAL EXPRESS: I caused such envelope(s) to be delivered via Federal Express tothe addressee(s) designated.

BY FACSIMILE: I caused said documents(s) to be transmitted to the telephone number(s) ofthe addressee(s) designated.

I declare under penalty of perjury under the laws of the United States of America that the foregoingis true and correct.Executed at Westminster, California, on 09/13/2010