LNV vs. Breitlings: Motion for Judicial Notice SOS Records
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Transcript of LNV vs. Breitlings: Motion for Judicial Notice SOS Records
7/21/2019 LNV vs. Breitlings: Motion for Judicial Notice SOS Records
http://slidepdf.com/reader/full/lnv-vs-breitlings-motion-for-judicial-notice-sos-records 1/16
Cause No. DC-14-04053
LNV CORPORATION, §
ITS SUCCESSORS AND ASSIGNS, § IN THE DISTRICT COURT
Plaintiff, §
§v. §
§
§
§ DALLAS COUNTY, TEXAS
SAMUEL G. BREITLING, §
JO ANN BREITLING, §
GMAC MORTGAGE, INC., §
NORTHWEST MORTGAGE, INC., §
PINNACLE REALTY ADVISORS, INC., §
and PALISADES ACQUISITION V, LLC §
§
Defendants. § 134TH JUDICIAL DISTRICT
MOTION FOR JUDICIAL NOTICE OF SECRETARY OF STATE RECORDS
SHOWING CORPORATE ADDRESSES OF LNV AND MGC MORTGAGE AND
THEIR CORPORATE OFFICERS
Now comes defendants Samuel G. and JoAnn S. Breitling representing themselves,
pursuant to Texas Rules of Evidence 201 “Judicial Notice of Adjudicative Facts” and hereby
requests this Court take Judicial Notice of the documents described herein and in support states
as follows:
1. THE BREITLINGS move this Court to take judicial notice of:
I nf ormation f rom the records of the Nevada Secretary of State Corporation Division
specif ic to LNV Corporation, Beal Bank USA, Beal Nevada Corporation and MGC
Mortgage Inc, their corporate addresses and their corporate off icers. (attached hereto
as “Exhibit A.)
7/21/2019 LNV vs. Breitlings: Motion for Judicial Notice SOS Records
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I nf ormation from the records of the Oregon Secretary of State Corporation Di vision
specif ic to MGC Mortgage Inc., its corporate address and i ts corporate off icers.
(attached hereto as “Exhibit B.)
I nf ormation fr om the records of the F lor ida Secretary of State Corporation Division
specif ic to LNV Corporation, i ts corporate address and i ts corporate off icers. (attached
hereto as “Exhibit C.)
I nformation f rom the records of the Texas Comptroll er specifi c to LNV Corporation,
MGC Mortgage I nc., their corporate addresses and their corporate off icers. (attached
hereto as “Exhibit D.)
2. Under the Texas Rules of Evidence, judicial notice may be taken at any stage of the
proceeding. Tex. R. Evid. 201(f). A "judicially noticed fact must be one not subject to
reasonable dispute in that it is . . . capable of accurate and ready determination by resort
to sources whose accuracy cannot reasonably be questioned." See Tex. R. Evid. 201(b).
A court shall take judicial notice if requested by a party and supplied with the necessary
information. A fact of which judicial notice can be taken is "a matter of evidence and
knowledge on the part of courts which requires no formal proof." Harper v. Killion, 162
Tex. 481, 348 S.W.2d 521, 523 (1961) (quoting Burtis v. Butler Bros., 148 Tex. 543, 226
S.W.2d 825, 830 (1950)).
3. .THE BREITINGS move this Court to take Judicial Notice of these records from the
Nevada Secretary of State Corporation Division, the Oregon Secretary of State
Corporation Division, the Florida Secretary of State Corporation Division and the Texas
7/21/2019 LNV vs. Breitlings: Motion for Judicial Notice SOS Records
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Comptroller because they definitively show that the parties the Breitlings brought actions
against in the 116th
District Court are the same parties that have brought a foreclosure
action against the Breitlings in the 134th
District Court. The case in the 134th
District
Court arises out of the same transaction or occurrence as the earlier case in the 116th
District Court, and this earlier case was dismissed by plaintiff (we, the Breitlings, were
the plaintiffs in that case) before final judgment. An Order had been entered denying a
summary judgment in the earlier case that was conclusive to the same parties seeking a
summary judgment with the same issues as in the later case. We plead this in our Motion
to Transfer.
4. LNV and their counsel knew that the earlier judgment, by way of res judicata or estoppel
would prevent them from foreclosing, so they shopped for a court and a judge who would
push through a fast summary judgment and allow them to deprive us of our property
without due process of the law.
5. The Nevada Secretary of State Corporation Division shows LNV Corporation is a
domestic corporation in Nevada. Its address is 7195 Dallas Parkway Plano Texas. Its
officers are:
6. The Nevada Secretary of State Corporation Division shows Beal Bank USA is a domestic
corporation in Nevada. Its address is 6000 Legacy Dr. Plano Texas. Its officers are:
7. The Nevada Secretary of State Corporation Division shows Beal Nevada Corp. is a
domestic corporation in Nevada. Its address is 6000 Legacy Dr. Plano Texas. Its officers
are:
D. Andrew Beal, President and Director
Stephen Costas, Secretary and Treasurer
D. Andrew Beal, President, Director and Secretary
D. Andrew Beal, President, Director and Secretary
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8. The Nevada Secretary of State Corporation Division shows MGC Mortgage Inc. is a
foreign corporation in Nevada. Its address is 7195 Dallas Parkway Plano Texas. Its
officers are:
9. The Oregon Secretary of State Corporation Division shows MGC Mortgage Inc. is a
foreign corporation in Oregon. Its address is 7195 Dallas Parkway Plano Texas. Its
officers are:
10.
The Florida Secretary of State Corporation Division shows MGC Mortgage Inc is a
foreign corporation in Florida. Its address is 7195 Dallas Parkway Plano Texas. Its
officers are:
11.
The Texas Comptroller shows LVN Corporation is a DBA in Texas. Its address as 6000Legacy Dr. Plano Texas. Its officers are:
12. The Texas Comptroller shows MGC Mortgage Inc with the address 7195 Dallas Parkway
Plano Texas. Its officers are:
Jacob Cherner, President and Director
Stephan Costas, SecretaryScott Thomas, Treasurer
Jacob Cherner, President
Stephan Costas, Secretary
D. Andrew Beal, President and Director
Jacob Cherner, Executive Vice President
Craig Singer, Senior Vice President
James Erwin, Senior Vice President
Tim H. Taylor, Secretary and Treasurer
Andrew Beal, President and Director
Jacob Cherner, Executive
Craig Singer, Senior VIC
James Erwin, Senior VIC
Stephen Costas, Vice President
Jacob Cherner, President, Director and Chief Executive
James Erwin, SVP
Stephen Costas, SVP
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13. Local Rules 1.06 and 1.07 of the Civil Courts of Dallas County Texas that allow for the
transfer of a case back to a court of original jurisdiction whenever the same parties are
litigating over the same issues; and particularly when the earlier court has already ruled
on matters and issued a judgment that is conclusive of any of the issues of the later case
by way of res judicata or estoppel by judgment, as is the case here.
14. Timely written notice of this request is hereby given by email and postal mail service
upon Plaintiff’s counsel as required by law.
WHEREFORE, pursuant to Texas Rule of Evidence 201 THE BREITLINGS move this
Court to take Judicial Notice of these included records from the Nevada Secretary of
State Corporation Division, the Oregon Secretary of State Corporation Division, the
Florida Secretary of State Corporation Division and the Texas Comptroller without
hearing, and for such other and further relief as this Court deems just and proper under
the circumstances.
______________________________ ______________________________
JoAnn S Breitling Samuel G. Breitling
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Exhibit A – Fig 1
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Exhibit A – Fig 2
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Exhibit A – Fig 3
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Exhibit A – Fig 4
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Exhibit B
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Exhibit C
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Exhibit D – Fig. 1a
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Exhibit D – Fig. 1b
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Exhibit D – Fig. 2a
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Exhibit D – Fig. 2b part 1
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Continued from previous page
Exhibit D – Fig. 2b part 2