TIMOTHY L. MCCANDLESS, ESQ.

SBN 147715
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LAW OFFICES OF TIMOTHY L. MCCANDLESS
2 13240 Amargosa Road
Victorville, California 92392
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(760) 951-3663 Telephone
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(909) 382-9956 Facsimile
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6 Attorneys for Defendant,

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ISCHMAEL O. WHITE,

9 SUPERIOR COURT OF THE STATE OF CALIFORNIA

10 IN AND FOR THE COUNTY OF CONTRA COSTA
11 PITTSBURG BRANCH
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13 BLUE MOUNTAIN MORTGAGE LLC, a Case No.: PS-09-1746

California Limited Liability Company,
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Plaintiff, DEFENDANT’S ANSWER TO UNLAWFUL
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DETAINER COMPLAINT
16 vs.
JURY TRIAL DEMANDED
17 ISCHMAEL O. WHITE,
NOTICE OF NON-STIPULATION TO
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and DOES I through X, Inclusive COMMISSIONER
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Defendant(s).
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21 TO THE COURT, ALL PARTIES HEREIN, AND THEIR ATTORNEYS

22 OF RECORD:
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24 Defendant Ischmael O. White hereby answers the complaint of Blue Mountain Mortgage LLC

25 and admits, denies and alleges as follows:

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 1. Defendant is without information and belief sufficient to permit an answer of the
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2 allegation on paragraph 1 of the complaint, and deny said allegations based on such

3 lack of information and belief.

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2. Defendant generally and specifically denies each and every allegation in paragraph 2
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of the complaint.
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3. Defendant admits the allegations in paragraph 3 of the complaint.

8 4. Defendant admits the allegations in paragraph 4 of the complaint.

9 5. Defendant generally and specifically denies each and every allegation in paragraph 5
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of the complaint.
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6. Defendant admits the allegations in paragraph 6 of the complaint.
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13 7. Defendants are without information and belief sufficient to permit an answer of the

14 allegation on paragraph 7 of the complaint, and deny said allegations based on such
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lack of information and belief.
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8. Defendants are without information and belief sufficient to permit an answer of the
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allegation on paragraph 8 of the complaint, and deny said allegations based on such
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19 lack of information and belief.

20 9. Defendants are without information and belief sufficient to permit an answer of the
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allegation on paragraph 9 of the complaint, and deny said allegations based on such
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lack of information and belief.
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10. Defendant generally and specifically denies each and every allegation in paragraph 10

25 of the complaint.
26 11. Defendant generally and specifically denies each and every allegation in paragraph 11
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of the complaint.
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 12. Defendant generally and specifically denies each and every allegation in paragraph 12
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2 of the complaint.

3 13. Defendant generally and specifically denies each and every allegation in paragraph 13
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of the complaint.
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14. Defendant generally and specifically denies each and every allegation in paragraph 14
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of the complaint.

8 15. Defendant generally and specifically denies each and every allegation in paragraph 15
9 of the complaint.
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16. Defendant generally and specifically denies each and every allegation in paragraph 16
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of the complaint.
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13 17. Defendant generally and specifically denies each and every allegation in paragraph 17

14 of the complaint.
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18. Defendants are without information and belief sufficient to permit an answer of the
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allegation on paragraph 18 of the complaint, and deny said allegations based on such
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lack of information and belief.
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20 AFFIRMATIVE DEFENSES
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First Affirmative Defense
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Fails To State Sufficient Facts
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19. Each purported cause of action fails to state facts sufficient to constitute a basis for

25 relief against these answering Defendants.

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 Second Affirmative Defense
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2 Waiver

3 20. The claims being advanced by Plaintiffs are barred by virtue of the Plaintiff’s acts
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and/or omissions that amount to a waiver, including but, not limited to attempting to enforce a
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non-negotiable promissory note by way of an invalid non-judicial foreclosure sale.
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8 Third Affirmative Defense

9 Estoppel
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21. This answering defendant is informed and believes and thereupon alleges that
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Plaintiffs have engaged in conduct and activities, and by reason of said activities and conduct are
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13 estopped from asserting any claims for damages or seeking any other relief against this

14 answering Defendant.
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Fourth Affirmative Defense
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Failure To Mitigate Damages
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22. Plaintiffs though under a duty to do so, have failed and neglected to mitigate
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19 their damages and, therefore, cannot recover against these answering Defendants whether as

20 alleged or otherwise.
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Fifth Affirmative Defense
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Statute of Frauds
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23. The present action is barred by application of the Statute of Frauds because the trustee

25 that conducted the non-judicial foreclosure sale of the defendants’ property, conducted the sale
26 without having possession of the alleged promissory note executed by these answering
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defendants.
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 Sixth Affirmative Defense
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2 Statute of Limitations

3 24. The present action is barred by application of the applicable statute of limitations.
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Seventh Affirmative Defense
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Unclean Hands

8 25. By virtue of Plaintiff’s conduct, Plaintiffs are barred from recovery therein by
9 the doctrine of unclean hands.
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Eighth Affirmative Defense
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Standing
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13 26. This answering defendant alleges that the Plaintiff does not have standing because

14 Plaintiff’s standing is based solely upon an invalid Trustee’s Deed After Sale, which was based
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upon the enforcement of a promissory note that was not negotiable pursuant to California
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Commercial Code section 3203 et seq.
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Ninth Affirmative Defense
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19 Reservation of Defendants

20 27. Defendant hereby reserves all defenses unknown at the time of filing this response.
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Dated: September 11, 2009
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_____________________________
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24
Timothy L. McCandless, Esq.
Attorney for Defendant,
25 ISCHMAEL O. WHITE
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 1 PROOF OF SERVICE
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STATE OF CALIFORNIA, COUNTY OF LOS ANGELES
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I am over the age of 18 and not a party to this action. My business address is 13240
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Amargosa Road, Victorville, California 92392, which is located in the county where the mailing
5 described took place.

6 On October 31, 2009, I served the foregoing document(s) described: DEFENDANT’S

ANSWER TO UNLAWFUL DETAINER COMPLAINT
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8 Which were served upon:

9 ATTORNEYS FOR BLUE MOUNTAIN MORTGAGE, LLC.

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RICHARD HOBIN LAW OFFICE
11 1011 A Street
Antioch, CA 94509
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xx I deposited the foregoing documents in the United States Postal Service. Executed on:
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September 14, 2009, in Victorville, California.
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15 (State) XXXX I declare under penalty of perjury under the laws of the State of California that
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the above is true and correct.

17 (Federal) ____ I declare that I am employed in the office of a member of the bar of this Court at
whose direction the service was made.
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_______ BY PERSONAL SERVICE: I caused such envelope to be delivered by hand to the
addressee(s) above.
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