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COURT OF APPEAL OF THE STATE OF CALIFORNIA IN AND FOR THE FIFTH APPELLATE DISTRICT Alan Gjurovich; c/o: 934 W. Henderson, Porterville California, pmb # 132, 93257; Star: Hills, care of: general post, near: [Porterville, California] non domestic, without the U.S.

5th DCA Case #: F064464

Alan Gjurovich, Star: Hills; Trial Court Case #:CV-271292 NOTICE OF & OBJECTIONS OF APPELLANTS Appellants / Plaintiffs, Alan Gjurovich & Star: Hills TO (Corrected) Respondents' Notice of Bankruptcy and Effect of -VSAutomatic Stay SERVED & FILED BY THE RESPONDENTS ON OR AROUND JULY 27, MORTGAGE ELECTRONIC 2012 & MOTION FOR AN ORDER DIRECTING REGISTRATION INC., ET AL, RESPONDENTS TO FILE THEIR RESPONDENTS BRIEF IN THIS CASE AS PROVIDED FOR IN THE Respondents / Defendants. FINAL SUPPLEMENTAL ORDER UNDER BANKRUPTCY CODE SECTIONS 105(a),362,363, 502,1107(a)&1108&BANKRUPTCY RULE 9019 ETC.,PURSUANT TO THE ORDER OF 8/31/2012 ________________________________ OF PRESIDING JUSTICE HARRIS

1. TO: THE ABOVE NAMED COURT, CLERK OF THE COURT & ALL INTERESTED PARTIES & THEIR COUNSEL OF RECORD IN THE ABOVE NAMED APPEAL, PLEASE TAKE NOTICE OF THE FOLLOWING: 2. Pursuant to this Courts Order filed on July 31, 2012 in this Appeal, Case #: F064464, APPELLANTS Alan Gjurovich & Star: Hills in the Above named Appeal hereby OBJECT TO THE PREVIOUSLY SERVED & FILED: Appellants Notice & Objections & Motion for Order Directing Respondents to File a Respondents Brief
1

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a Suggestion of Automatic Stay at page 1, in the first paragraph; this is likely because Appellants Notice & Objections & Motion for Order Directing Respondents to File a Respondents Brief
2

(Corrected) Respondents' Notice of Bankruptcy and Effect of Automatic Stay SERVED & FILED BY THE RESPONDENTS ON OR AROUND JULY 27, 2012 &, HEREBY MOVE THE ABOVE SAID APPELLATE COURT FOR AN ORDER DIRECTING RESPONDENTS IN THIS APPEAL TO FILE THEIR RESPONDENTS BRIEF IN THIS CASE AS PROVIDED FOR IN THE : FINAL SUPPLEMENTAL ORDER UNDER BANKRUPTCY CODE SECTIONS 105(a), 362, 363, 502, 1107(a) & 1108 & BANKRUPTCY RULE 9019, ETC., THAT WAS ATTACHED AS EXHIBIT A TO THE SAID NOTICE THAT WAS PREVIOUSLY SERVED & FILED BY RESPONDENTS, 3. This Motion is made upon the following Grounds: (1) A Void Judgment is Not a Judgment in any legal or Lawful sense of the Word, and thus can not be protected by any Bankruptcy Proceeding Stay; A Void Sale; Void Transfer or Conveyance of Title to real Property & Void Purchase;Void Writ of Possession; Void Eviction, are No Sale, No Transfer, No Purchase, No Writ of Possession; No Eviction, in any legal or Lawful sense of the terms,and can not be protected by a Bankruptcy Stay as they can be no part of any Property or Assets Claimed by any of said alleged Bankrupt Parties, which establishes that said Respondents, and all of them are required as a matter of Law to file their Respondents Brief as previously Ordered by this Appellate Court or waive their right to Oppose the Claims of Appellants in this Appeal Case; (2) No where in their Notice do Respondents Claim that the cited Bankruptcy filed in the State of New York Stays the Proceedings of this Case, but they only claim

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the Respondents readily admit that the Bankruptcy Court has issued a FINAL SUPPLEMENTAL ORDER UNDER BANKRUPTCY CODE SECTIONS 105(a), 362, 363, 502, 1107(a) & 1108 & BANKRUPTCY RULE 9019 which they attached to their said notice as EXHIBIT A which clearly states at pages 12-13 that the Stay imposed by section 362(a) of the Bankruptcy Code is hereby modified pursuant to the following terms and conditions: (a) except as otherwise set forth herein, a Third Party Claimant shall be entitled to

assert and prosecute direct claims and counter-claims relating exclusively to the property that is subject of the loan owned or serviced by a Debtor in connection 11 with any Title Dispute, and to prosecute appeals with respect to any such direct 12 claims or counter-claims; (b) absent further order of the Court, the automatic stay shall
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remain in full force and effect with respect to all pending and future Third Party Claimant direct claims and counter claims:(i) for monetary relief of any kind and of any nature against the Debtors;(ii) for relief that is not necessary for the resolution of the Title Dispute; or (iii) asserted in the form of a class action or collective action;(c) absent further order of the Court , the stay shall remain in full force and effect with respect to any party seeking to intervene to assert related claims against the debtors or any class action or collective action brought by any third party claimant on behalf of any other third party claimant or class of third Party Claimants; (d) under no circumstances shall a Third Party Claimant be entitled to enforce against, recoup, setoff or collect from the Debtors any Judgment or award related to any (3) At page 1 of said notice it shows the caption of the Bankruptcy is In re: RESIDENTIAL CAPITAL, LLC, et al, Debtors No one else is specifically named,(et al) and we are left to presume or assume the claim of Appellants that they also filed Bankruptcy in the Case is true; See Debtors list in the said Bankruptcy Case which was obtained from the web site of RESIDENTIAL CAPITAL, LLC that shows GMAC MORTGAGE LLC, & ETS SERVICES LLC AS BEING ON THE DEBTORS LIST, WHICH LIST DOES NOT SHOW THAT APPELLANT MERS AS HAVING FILED A BANKRUPTCY OR BEING NAMED AS A DEBTOR IN THE CASE WHICH MAKES IT CLEAR MERS IS NOT PROTECTED BY ANY ALLEGED STAY IN THAT CASE AS THEY ARE NOT A Appellants Notice & Objections & Motion for Order Directing Respondents to File a Respondents Brief
3

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PARTY WHO FILED ANY BANKRUPTCY PETITION. (4) At page 2 of said Notice under 3. Appellants merely state that As a result of the Bankruptcy Filing, on the Petition Date, the protections of the automatic stay codified in section 362 (a) of the Bankruptcy Code arose with regard to the Debtors., & thereafter partially quoted section 362 (a) , but they never specifically say that the Stay provisions of 362 specifically apply to them in this Appeal, which is suspicious in light of the fact they thereafter admit that on July 13, 2012 the Bankruptcy Court entered a final supplemental order granting, among other things, the Debtors' motion for limited relief from the automatic stay to permit non debtor parties in foreclosure and eviction proceedings, borrower bankruptcy cases and title disputes to continue to assert and prosecute certain defenses, claims and counter claims (the Final Supplemental Order). Paragraphs 14, 15, 16 and 17 of the Final Supplemental Order identify the categories of Defenses, claims and counterclaims for which the automatic stay has been modified (the Permitted Claims). A copy of the Final Supplemental order is annexed hereto as EXHIBIT A. (5) As cited prior herein, RESPONDENT MERS & THEIR NAMED OFFICERS & EMPLOYEES are not a party to the Bankruptcy in question & are not a named debtor & thus there is no stay in effect as to them & they are required to file a Respondents Brief or Default in this Appeal. (6) In light of the fact that the Stay was modified to allow the prosecution of third party Claims over title to Property of Debtors in foreclosures and Evictions and Appeals from such Actions this case falls within the Scope of the said Modification of the Stay as this is an Appellants Notice & Objections & Motion for Order Directing Respondents to File a Respondents Brief
4

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ETS SERVICES LLC are Debtors in that Case, & the Record before this Court on Appeal, in the Volumes 1 & 5 clearly shows that these Appellants were Suing Appellants Notice & Objections & Motion for Order Directing Respondents to File a Respondents Brief
5

Appeal from an Action over Title, Appellants herein filed an Action to Quiet Title in their Complaints in the Trial Court, which this Court should take Judicial Notice of, & MERS does not have any Bankruptcy Stay whatever , thus this Court should Order all Respondents to file a Respondents Brief as previously Ordered by the Court, or suffer Default in this Appeal & waive their Rights to Respond & Oppose Appellants Claims on Appeal. (7) There is no reasonable dispute of the fact in the Record before this Court that Respondent MERS is not a party to the said BANKRUPTCY CASE #: 12-12020 (MG), and they are in no way protected by any Stay in that Case filed in the State of New York, and are thus Required to file a Respondents Brief or waive any Right whatever to Oppose Appellants claims in this Appeal. (8) There is no reasonable dispute in the Record before this Court, requiring the Parties to file papers in the New York Bankruptcy Court for its Determination (which would only amount to an un necessary further delay of this Appeal to the prejudice of Appellants who have been wrongfully evicted) concerning the meaning & application of the Bankruptcy Courts FINAL SUPPLEMENTAL ORDER ..ATTACHED AS EXHIBIT A, Which allows Third Party Claimants to Prosecute direct claims relating to the Property that is subject of the loan owned and serviced by a Debtor in connection with any Title Dispute, and to prosecute appeals with respect to any such direct claims or counter claims; as Respondents have admitted in their said Notice that GMAC MORTGAGE LLC, &

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Appellants Notice & Objections & Motion for Order Directing Respondents to File a Respondents Brief
6

them over Title to the Property in question and thereafter filed a timely Appeal, which the Final Supplemental Order of the Bankruptcy Court in New York clearly Allows them to do, which clearly establishes in the Record there is no Stay of these proceedings and Respondents, & all of them, are now Required to file their Respondents Brief as previously Ordered by this Court in this Case. (4) Wherefore Appellants herein Pray to the Creator of the Universe for the following Relief: (1) This Court Take Judicial Notice as Requested herein, & as Required by Law, and; (2) This Court Grants this Motion, and; (3) This Court Issues an Order Directing Respondents to File their Respondents Brief as previously Ordered by the Court, and; (4) Issues any other Relief the Court Deems Right & Proper under the facts, Law, and Equities of the Case;

On this day, the-Ninth-day-of-the-Eighth-month, Two-thousand-twelve, _________________ Alan Gjurovich, all Rights reserved __________________ Star: Hills, all Rights reserved

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to do so, and we will so testify if we are called upon; 2. Alan Gjurovich has received the Order of the Court filed on July 31, 2012, requiring Respondents /Defendants APPELLATE COURT OF THE STATE OF CALIFORNIA IN AND FOR THE FIFTH APPELLATE DISTRICT Alan Gjurovich, 934 W. Henderson, Porterville, California [93257], PMB # 132. Star: Hills, care of: general post, near: [Porterville, California] non domestic, without the U.S.

5th DCA Case #:F064464

Star: Hills, Alan Gjurovich Appellants / Plaintiffs, -VSMORTGAGE ELECTRONIC REGISTRATION INC., ET AL, AFFIDAVIT OF Alan Gjurovich & Star: Hills IN SUPPORT OF MOTION FOR ORDER DIRECTING RESPONDENTS TO FILE THEIR RESPONDENTS BRIEF IN THIS CASE AS PROVIDED FOR IN THE FINAL SUPPLEMENTAL ORDER UNDER BANKRUPTCY CODE SECTIONS 105(a),362,363, 502,1107(a)&1108&BANKRUPTCY RULE 9019 ETC., PURSUANT TO THE ORDER OF 8/31/2012 OF PRESIDING JUSTICE HARRIS Trial Court Case #: S-1500-CV-271292-SPC;

________________________________ Alan Gjurovich & Star: Hills say & Declare: 1. We were witnesses to & have Direct Personal Knowledge of the following matters of fact & Law and we are Competent to Testify to the Truth of the same if we are called upon

7 Appellants Notice & Objections & Motion for Order Directing Respondents to File a Respondents Brief

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Motion & Direct Respondents to file their Respondents Brief as previously Ordered the Documents Recorded in the Kern County Recorders Office, and in the Verified Civil Complaints of Star & Alan. 5. The Void Judgment, Void Substitution of Trustee, Void Actions by the Substituted Trustee including Void Sale & Void Trustees Deed Upon Sale, & Void Eviction, render the alleged Automatic Stay inapplicable, as a Void Purchase of Property is no Purchase of Property & thus there is nothing to Protect & Star & Alan herein have a Right under State & Federal Law to Proceed with there Appeal in this Case and this Court should Grant this Opposition to the Notice of Bankruptcy and effect of automatic stay to be filed within 15 days of the date of filing of the Order. 3. The attached Exhibit # 1 is a true and accurate copy of the Original Document that was posted on the website of RESIDENTIAL CAPITAL, LLC AT HTTP://WWW .KCCLLC.NET/RESCAP WHICH SHOWS A LIST OF DEBTORS IN THAT CASE, WHICH IS ABSENT ANY MENTION OF RESPONDENT MERS IN THIS CASE REQUIRING MERS TO FILE A RESPONDENTS BRIEF AS PREVIOUSLY ORDERED BY THIS APPELLATE COURT . 4. The Respondents Attached a Document in Exhibit A to their Notice of Bankruptcy & Effect of Automatic Stay which is a Final Supplemental Order which Modified the Automatic Stay under Title 11 Section 362, to allow the prosecution of any Claims Relating to Disputes over Title to property related to any Loan of any Debtor who was the Owner or Loan Servicer. Respondent GMAC MORTGAGE LLC, was the Loan Servicer of the related Loan in this Case which is clear in the Record on Appeal in this Case in

8 Appellants Notice & Objections & Motion for Order Directing Respondents to File a Respondents Brief

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________________________ Alan Gjurovich all Rights Reserved ________________________ Star: Hills all Rights Reserved ________________________ Alan Gjurovich all Rights Reserved ________________________ Star: Hills all Rights Reserved by this Court. 6. State & Federal Due Process of Law, & Equal Protection of / under the Laws, and the States Policy of Hearing controversies on their Merits Requires a full hearing & Ruling on the Merits, in Order to avert & prevent the impending Gross Miscarriage of Justice in this Case. On this day, the-Eighth-day-of-the-Eight-month, Two-thousand-twelve,

-DECLARATIONWe the undersigned hereby Declare under Penalty of Perjury under the laws of the State of California that the foregoing is true and correct. Executed by our hand on this ____ day of August, 2012, in the Republic State of California, County of Tulare,

9 Appellants Notice & Objections & Motion for Order Directing Respondents to File a Respondents Brief

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EXHIBIT PAGE INDEX OF EXHIBITS # 1: NOTICE OF MEETING OF THE CREDITORS IN NEW YORK
SOUTHERN BANKRUPTCY DISTRICT CASE 12-12020 POSTED ON THE WEBSITE OF RESIDENTIAL CAPITAL, LLC AT HTTP://WWW.KCCLLC.NET/RESCAP WHICH SHOWS A LIST OF DEBTORS IN THAT CASE WHICH IS ABSENT ANY MENTION OF RESPONDENT MERS IN THIS CASE REQUIRING MERS TO FILE A RESPONDENTS BRIEF AS PREVIOUSLY ORDERED BY THIS APPELLATE COURT

10 Appellants Notice & Objections & Motion for Order Directing Respondents to File a Respondents Brief

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_________________________________
11 Appellants Notice & Objections & Motion for Order Directing Respondents to File a Respondents Brief

Alan Gjurovich, 934 W. Henderson, Porterville, California [93257], PMB # 132. Star: Hills, care of: general post, near: [Porterville, California] non domestic, without the U.S.

APPELLATE COURT OF THE STATE OF CALIFORNIA IN AND FOR THE FIFTH APPELLATE DISTRICT

5th DCA Case #:F064464

Star: Hills, Alan Gjurovich Appellants / Plaintiffs, -VSMORTGAGE ELECTRONIC REGISTRATION INC., ET AL, Respondents /Defendants RULE 9019 ETC.,PURSUANT TO THE ORDER OF 8/31/2012 OF PRESIDING JUSTICE HARRIS CASE #: S-1500-CV-271292-SPC; MEMORANDUM OF POINTS & AUTHORITIES OF Alan Gjurovich & Star: Hills IN SUPPORT OF MOTION FOR ORDER DIRECTING RESPONDENTS TO FILE THEIR RESPONDENTS BRIEF IN THIS CASE AS PROVIDED FOR IN THE FINAL SUPPLEMENTAL ORDER UNDER BANKRUPTCY CODE SECTIONS 105(a),362,363, 502,1107(a)&1108&BANKRUPTCY

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clear in the Record before this Court that there is no Automatic Stay in effect whatever STATEMENT OF FACTS Alan Gjurovich has received the Order of the Court filed on July 31, 2012, requiring Opposition to the Notice of Bankruptcy and effect of automatic stay to be filed within 15 days of the date of filing of the Order. State & Federal Due Process of Law, & Equal Protection of / under the Laws, and the States Policy of Hearing Controversies on their Merits Requires a full hearing on the Merits, etc., in Order to avert & prevent the impending Gross Miscarriage of Justice in this Case. It is clear by the Document attached by Respondents as Exhibit A to their Notice that this Proceeding, which is an Appeal from a purported Final Judgment in an Action over Title to Real Property claimed by GMAC MORTGAGE LLC, who claims to be a Debtor in Southern District of New York Bankruptcy Court Case#: 12-12020, that the said Bankruptcy Courts FINAL SUPPLEMENTAL ORDER, MODIFIES THE STAY TO ALLOW THIRD PARTIES TO ASSERT AND PROSECUTECLAIMS RELATING TO THE PROPERTY THAT IS THE SUBJECT OF THE LOAN OWNED OR SERVICED BY A DEBTOR IN CONNECTION WITH ANY TITLE DISPUTE, & TO PROSECUTE APPEALSWITH RESPECT TO ANY SUCH CLAIMS, AND IT IS FURTHER CLEAR THAT THE APPEAL IN THIS CASE IS FROM JUST SUCH A TITLE DISPUTE IN THE TRIAL COURT WHERE APPELLANTS HEREIN FILED AN ACTION TO QUIET TITLE , TO ENFORCE RESCISSION & FOR A DECLARATORY JUDGMENT TO DECLARE THE ALLEGED SALE & ALLEGED TITLE VOID AB INITIO. Thus it is

12 Appellants Notice & Objections & Motion for Order Directing Respondents to File a Respondents Brief

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in said Bankruptcy Case, and thus there is no Automatic Stay regarding them and they are Required to file their Respondents Brief Regardless of whether or not there is an Automatic Stay, or not. Further yet, no automatic Stay can affect this Appeal because the Property in Question is not owned by any Debtor named in the said Bankruptcy as the alleged Sale & alleged Transfer by Trustees Deed upon sale were all Void Ab Initio, & thus a Bankruptcy Stay can not apply to this Appeal, nor can it be used or applied by Respondents to avoid the obligation of timely filing their Respondent's Brief, without Waiving any Right to Oppose Appellants Claims in this Appeal. with Respect to this Appeal and Respondents, and all of them are Required to file their Respondents Brief as Previously Ordered by this Court. Furthermore the Record in said Bankruptcy, in the List of Debtors, a Copy of which is attached to the accompanying Supporting Declaration as Exhibit 1, & which is hereby incorporated herein by reference as if fully set forth, and is hereby made a part of this Memorandum, which this Court is hereby Requested to take Judicial Notice of Pursuant to California Evidence Code Section 450-459, clearly shows that Respondent MERS in this Appeal is not a Debtor

I EXHIBIT A ATTACHED TO RESPOPNDENTS NOTICE OF BANKRUPTCY & EFFECT OF AUTOMATIC STAY ESTABLISHES THAT THIS APPEAL IS NOT AFFECTED BY THE AUTOMATIC STAY IN NEW YORK SOUTHERN DISTRICT BANKRUPTCY COURT CASE # 12-12020 & RESPONDENTS ARE REQUIRED TO FILE THEIR RESPONDENTS BRIEF AS PREVIOUSLY ORDERED BY THIS APPELLATE COURT A ACCORDINGLY THIS COURT IS REQUIRED BY ALL THE FACTS, LAW & EQUITIES OF THIS CASE TO GRANT THIS MOTION WHICH Alan & Star HEREIN RESPECTFULLY REQUEST THIS COURT TO DO IMMEDIATELY & FORTHWITH
13 Appellants Notice & Objections & Motion for Order Directing Respondents to File a Respondents Brief

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lien interest or other claim (third Party Claimants) with respect to properties that are subject to mortgages owned or serviced by the Debtors (Title Disputes) is hereby modified pursuant to the following terms and conditions: (a) except as otherwise set forth herein, a Third Party Claimant shall be entitled to assert and prosecute direct claims and counterclaims relating exclusively to the property that is the subject of the loan owned or serviced by a Debtor in connection with any Title Dispute , and to prosecute appeals with respect to any such direct claims or counter-claims; Star & Alan herein contend that this provision in said Order of the Bankruptcy Court has Modified the Automatic Stay in that Case #: 12-12020 , to allow this Appeal to proceed , as it is from a Case in which a Title Dispute was filed by Star & Alan, an Action to Quiet Title , an action to Declare

_______________________________________________________________
As the Record clearly shows, and as Respondents readily admit in their recently filed NOTICE OF BANKRUPTCY & EFFECT OF AUTOMATIC STAY, the Bankruptcy Court in the Southern District of New York, in Case #: 12-12012 issued a FINAL SUPPLEMENTAL ORDER UNDER BANKRUPTCY CODE SECTIONS 105(a), 362, 363, 502, 1107 (a) & 1108 & BANKRUPTCY RULE 9019 a copy of which was attached by said Respondents as Exhibit A to their said Notice, which Star & Alan herein have Requested this Court to take Mandatory Judicial Notice of Pursuant to California Evidence Sections 450-459, and which is hereby made a part hereof this Memorandum & Motion. Said FINAL SUPPLEMENTAL ORDER states at page 12-13, 17. The stay imposed by section 362(a) of the Bankruptcy Code applicable to actions involving the amount, validity, and/or priority of liens commenced by third parties purporting to have a

14 Appellants Notice & Objections & Motion for Order Directing Respondents to File a Respondents Brief

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this Motion, and the original that is posted on the Website of RESIDENTIAL CAPITAL, LLC AT HTTP://WWW.KCCLLC.NET/RESCAP , Pursuant to California Evidence Code Section 450-459, which is the Notice of the Meeting of Creditors in said Bankruptcy Case #: 12-12012, which shows a list of Debtors who have filed for Bankruptcy Protection in the said Case #: 12-12012, and further clearly shows that Respondent MERS in this Appeal is
15 Appellants Notice & Objections & Motion for Order Directing Respondents to File a Respondents Brief

the Purported Trustees Deed upon Sale Void Ab Initio, Etc. Based upon the foregoing the Court should find that this Case comes within the scope of the said Modification of the Automatic Stay in the Attached Exhibit A, and issue an Order Granting this Motion, further Directing Respondents to file their Respondents Brief as previously Ordered by this Appellate Court.

II THE RECORD BEFORE THE COURT IN EXHIBIT # 1 A LIST OF THE DEBTORS IN BANKRUPTCY CASE#: 12-12020 CLEARLY ESTABLISHES THAT RESPONDENT MERS IS NOT A PARTY FILING A BANKRUPTCY PETITION IN SOUTHERN DISTRICT OF NEW YORK BANKRUPTCY COURT CASE#: 12-12020 & IS THEREFORE NOT PROTECTED BY ANY STAY IN THIS APPEAL & IS REQIRED TO FILE THEIR RESPONDENTS BRIEF IN THIS CASE AS PREVIOUSLY ORDERED BY THE APPELLATE COURT IN THIS CASE A APPELLANTS HAVE REQUESTED JUDICIAL NOTICE OF THE LIST OF DEBTORS IN THE NOTICE OF CHAPTER 11 BANKRUPTCY MEETING OF CREDITORS, AND DEADLINES IN EXHIBIT 1 ATTACHED TO THE ACCOMPANYING SUPPORTING AFFIDAVIT WHICH WAS OBTAINED FROM THE WEB SITE OF RESIDENTIAL CAPITAL, LLC AT HTTP://WWW.KCCLLC.NET/RESCAP ________________________________________________________________
Star & Alan have Requested the Court to take Judicial Notice of the Document in Exhibit 1 attached to the accompanying Supporting Declaration served and filed herewith

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Affecting this Appeal as there is no Title to the Home & Property of Alan & Star in the possession of either GMAC MORTGAGE LLC, OR ETS SERVICES LLC In the Bankruptcy Case in Question, which facts render the purported Automatic Stay moot, as a matter of Law as it is inapplicable to this Appeal.
16 Appellants Notice & Objections & Motion for Order Directing Respondents to File a Respondents Brief

not named as a Debtor who has filed for Bankruptcy Protection in that Case and therefore they are Required to file their Respondents Brief in this Case as previously Ordered by this Appellate Court. MERS is the Party who Purported to have the Power under the Deed of Trust to Issue a Substitution of Trustee, which Star & Alan here contend was unauthorized under the said Deed of Trust & is therefor Void Ab Initio Requiring Reversal, & return of Star & Alan to their home, with Damages for the Wrongful Eviction.

III THE VOID JUDGMENT, VOID SUBSTITUTION OF TRUSTEE, VOID ACTIONS BY THE SUBSTITUTED TRUSTEE INCLUDING VOID SALE & VOID TRUSTEES DEED UPON SALE, & VOID EVICTION, RENDER THE ALLEGED AUTOMATIC STAY INAPPLICABLE AS A VOID PURCHASE OF PROPERTY IS NO PURCHASE OF PROPERTY & THUS THERE IS NOTHING TO PROTECT & THERE CAN BE NO AUTOMATIC STAY IN THIS CASE __________________________________________________________________
As set forth previously herein Star & Alan contend that due to the fact that the purported Substitution of Trustee Issued by MERS was Void Ab Initio, rendering all subsequent purported Official Acts by the purported Substituted Trustee Void Ab Initio including the purported sale of home and property, Trustees Deed Upon Sale, Recording of Purported Deed Upon Sale, Eviction of Star & Alan, there can be no Automatic Stay

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APPELLATE COURT OF THE STATE OF CALIFORNIA Alan Gjurovich, 934 W. Henderson, Porterville, California [93257], PMB # 132. Star: Hills, care of: general post, near: [Porterville, California] non domestic, without the U.S. ________________________ Star: Hills all Rights Reserved ________________________ Alan Gjurovich all Rights Reserve CONCLUSION In light of all the foregoing it is clear that this Court should Grant this Motion & issue an Order Directing that the Respondents file their Respondents Brief in this Case within the prior Ordered Deadline or Waive their Right to Oppose any Issues raised by Alan & Star in this Appeal. On this day, the-Ninth-day-of-the-Eighth-month, Two-thousand-twelve,

17 Appellants Notice & Objections & Motion for Order Directing Respondents to File a Respondents Brief

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105(a),362,363,502,1107(a)&1108& BANKRUPTCY RULE 9019, WITH SPECIAL EMPHASIS ON PAGE 13 OF 19 UNDER (a)ALLOWING APPELLANTS TO Respondents /Defendants ________________________________ 1. Alan Gjurovich & Star: Hills hereby Request the above named Court to take Judicial Notice of the following matters Pursuant to the Express Provisions in California Evidence Code Section 450-459, as set forth hereafter, which Request is made in Support of the here accompanying Motion for an Order Directing Respondents to file their Respondents Brief as Previously Ordered by this Court. 2. MATTERS TO BE JUDICIALLY NOTICED: (1) The Contents of Exhibit A attached to Respondents previously filed NOTICE OF BANKRUPTCY AND EFFECT OF AUTOMATIC STAY, WHICH IS A DOCUMENT ENTITLED: FINAL SUPPLEMENTAL ORDER BANKRUPTCY CODE SECTIONS Star: Hills, Alan Gjurovich Appellants / Plaintiffs, -VSTHEIR RESPONDENTS MORTGAGE ELECTRONIC REGISTRATION INC., ET AL, BRIEF IN THIS CASE AS PROVIDED FOR IN THE FINAL SUPPLEMENTAL ORDER UNDER BANKRUPTCY CODE SECTIONS 105(a),362,363 502,1107(a)&1108&BANKRUPTCY RULE 9019 ETC., PURSUANT TO THE ORDER OF 8/31/2012 OF PRESIDING JUSTICE HARRIS IN AND FOR THE FIFTH APPELLATE DISTRICT

5th DCA Case #:F064464

Trial Court Case #: S-1500-CV-271292-SPC; REQUEST FOR JUDICIAL NOTICE OF Alan Gjurovich & Star: Hills IN SUPPORT OF MOTION FOR ORDER DIRECTING RESPONDENTS TO FILE

18 Appellants Notice & Objections & Motion for Order Directing Respondents to File a Respondents Brief

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PROOF OF SERVICE I the undersigned hereby Declare under Penalty of Perjury under the laws of the State of _________________ Alan Gjurovich, all Rights reserved __________________ Star: Hills, all Rights reserved CASES, MEETING OF CREDITORS, AND DEADLINES. On this day, the-Eighth-day-of-the-Eighth-month, Two-thousand-twelve, THUS MERS IS REQUIRED TO FILE THEIR RESPONDENTS BRIEF IN THIS APPEAL AS PREVIOUSLY ORDERED BY THIS APPELLATE COURT. (3) THE WEB SITE OF RESIDENTIAL CAPITAL, LLC AT HTTP://WWW.KCCLLC. NET/RESCAP, and the Document titled NOTICE OF CHAPTER 11 BANKRUPTCY (2) Exhibit # 1 Attached to the Accompanying Supporting Declaration, WHICH IS THE NOTICE OF CREDITORS MEETING IN WHICH IS THE LIST OF DEBTORS IN BANKRUPTCY CASE 12-12020, showing that RESPONDENT MERS IS NOT A DEBTOR IN THAT CASE AND HAS NO CLAIM TO ANY AUTOMATIC STAY IN THIS APPEAL PROCEED IN THIS APPEAL ON CLAIMS RELATING TO DISPUTES OVER TITLE OF PROPERTY;(GMAC MORTGAGE LLC WAS SERVICER OF THE LOAN WHICH THIS TITLE DISPUTE RELATES TO, & CLAIMS TO OWN THE SAID HOME & PROPERTY NOW).

19 Appellants Notice & Objections & Motion for Order Directing Respondents to File a Respondents Brief

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___________________ Courtney Gillespie Executed by my hand on this __ day of August 2012, in the Republic of California, County of Tulare, California that I Served the here attached Document Described as : MOTION FOR ORDER DIRECTING RESPONDENTS TO FILE THEIR RESPONDENTS BRIEF IN THIS CASE AS PROVIDED FOR IN THE FINAL SUPPLEMENTAL ORDER UNDER 502,1107(a)&1108 &BANKRUPTCY RULE 9019, etc., of Alan & Star On the day of August __ 2012. Said Service was by US First Class Mail with the document enclosed in a sealed envelope, addressed as set forth below, with the postage therefor fully prepaid by me. I am not a party to the within Action, I am over the age of Eighteen years. My business Address is PO Box 8323, Porterville, California 93257.

20 Appellants Notice & Objections & Motion for Order Directing Respondents to File a Respondents Brief