1 Jack M. Winick State Bar No.

68512 2 37231 Turnberry Isle Drive Palm Desert, CA 92211 3 Phone: 760-360-0604 4 Attorney for Plaintiffs: Daniel & Claire Winick 5 6 7 8 9 10 11
) 12 DANIEL S. WINICK, CLAIRE WINICK; ) AND 13 DOES 1-10, INCLUSIVE, )

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF SAN DIEGO CENTRAL DIVISION

14 vs. 15

Plaintiffs,

16 EXECUTIVE TRUST SERVICES, LLC; ETS SERVICES, LLC; MORTGAGE 17 ELECTRONIC REGISTRATION SYSTEMS, INC.; GMAC MORTGAGE; 18 AND DOES 1-5, INCLUSIVE, 19 Defendants. . 20

______________________________________

) ) ) ) ) ) ) ) ) ) ) ) ) )

Case No.: 37-2010-00083377-CU-BC-CTL Complaint Filed: January 8, 2010 Dept: C-64/The Hon. William R. Nevitt, Jr. NOTICE OF TAKING DEPOSITION OF MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. ON ORAL EXAMINATION AND FOR PRODUCTION OF DOCUMENTS AND/OR THINGS

21 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: 22 PLEASE TAKE NOTICE that Plaintiff, Daniel S. Winick will take the deposition, on 23 oral examination, of Mortgage Electronic Registration Systems, Inc. The deposition will be taken on June 3, 2011, commencing at 8:30 a.m., at 500 W. Harbor Drive, San Diego, 24 CA 92101. 25 NOTICE IS FURTHER GIVEN that the matters on which examination is requested are 26 all facts and circumstances relating to the note and deed of trust on that certain parcel of real property located at 4184 Combe Way, San Diego, CA 92122 and the non-judicial 27 foreclosure proceedings which have commenced thereon. Mortgage Electronic 28 1
San Diego Superior Court

Winick vs Executive Trust Services et al NOTICE OF DEPOSITION, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.

1 Registration Systems, Inc. must designate and produce at the deposition one or more of its officers, directors, managing agents, employees, or agents who are most qualified to 2 testify on its behalf as to the above-described matters to the extent of any information known or reasonably available to the deponent. It is hereby requested that Mortgage 3 Electronic Registration Systems, Inc. provide prompt notification in writing to the undersigned as to the name, address, telephone number, capacity, and job title of each 4 person so designated to testify and the matters on which this person will testify. 5 6 NOTICE IS FURTHER GIVEN that Mortgage Electronic Registration Systems, Inc. shall bring and produce at the deposition, at the time and place specified in this notice, 7 the following described documents: 8 1. The original promissory note, if it exists, which is alleged by you to be secured against that certain parcel of real property located at 4184 Combe Way, San 9 Diego, CA 92122. 2. 10 Any copies of the original promissory note which is alleged by you to be secured against that certain parcel of real property located at 4184 Combe Way, San 11 Diego, CA 92122. 3. Any and all assignments of the promissory note which is alleged by you to be 12 secured against that certain parcel of real property located at 4184 Combe Way, San 13 Diego, CA 92122. 4. The original Deed of Trust for the property located at 4184 Combe Way, San 14 Diego, CA 92122. 5. Any copies of the original Deed of Trust for the property located at 4184 Combe 15 Way, San Diego, CA 92122. 6. Any and all assignments of the Deed of Trust for the property located at 4184 16 Combe Way, San Diego, CA 92122. 7. 17 Any and all memoranda and/or communications in your file relating to the property at 4184 Combe Way, San Diego, CA 92122, or the promissory note alleged by you to be secured against this property or the Deed of Trust for the 18 property, excepting therefrom any communications which are protected by the 19 attorney/client privilege. 8. Any and all documents which evidence the fact that you hold an assignment of 20 beneficial interest under the Deed of Trust on the property located at 4184 the Combe Way, San Diego, CA 92122. 21 9. Any and all documents which evidence that you are authorized to conduct business in the State of California. 22 10. Any and all accounting records for the purported loan which you claim is secured 23 the property located at 4184 Combe Way, San Diego, CA 92122 including, by but not limited to, any copies of checks or other forms of payment received for 24 loan since its inception and account ledgers. this 11. Any and all substitutions of trustee which you have executed or have been 25 executed by any third parties. 26 27 28 2
San Diego Superior Court

Winick vs Executive Trust Services et al NOTICE OF DEPOSITION, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.

1 NOTICE IS FURTHER GIVEN that Plaintiff, Daniel S. Winick, reserves the right to record the testimony at the deposition by videotape and/or audio recording, in addition to 2 recording this testimony by stenographic method. 3 NOTICE IS FURTHER GIVEN that Plaintiff, Daniel S. Winick, reserves the right to 4 record the testimony at the deposition by stenographic method, through instant visual display5 testimony. of 6 The deposition will be taken before a deposition officer who is authorized to administer 7 an oath. If the deposition is not completed on the date specified in this notice, the taking of the deposition will be continued from day to day thereafter, except for Sundays and 8 holidays, at the same place, until completed. 9 Date: ___________________ 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3
San Diego Superior Court

Jack M. Winick & Associates By: ______________________ Jack M. Winick Attorney for Plaintiffs Daniel S. Winick and Claire Winick

Winick vs Executive Trust Services et al NOTICE OF DEPOSITION, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC.