These legal document submitted to Court under penalty of perjury make claims that D R Horton agents did not get their summons', and that their attorneys tried in good faith to contact the plaintiff to discuss the postponement of discovery.
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The problem is that the Plaintiff was away on vacation and could not be contacted by the means that D R Horton chose to use. D R Horton could have called a cell number but opted not to- more below. The third count of perjury regards a false statement made to either a government official or once again to the Court.
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The 4th count of perjury regards another of D R Horton's attorneys claiming non receipt of certfied mailings. This is typical of Horton.....making believe that they dont get communications. Note the note...."that attorney Joel Odou's [conflicting] statement [to government] was not made under the penalty of perjury." I guess its a license to lie.
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This defendant has finally admitted to receipt of his summons.
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This defendant has finally admitted getting his subpoena, and is also the predatory mortgage broker for DHI Mortgage who now admits to getting final approval of the loan- more below.
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The attorneys Marquez and Ross at Wendel Rosen Black and Dean have to certify that they "in good faith tried to contact" the plaintiff, who happened to be away on vacation and left a message on his recorder to that effect.
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Marquez even admits leaving a message on the Plaintiff's recorder. He must then have also heard the outgoing message that the Plaintiff was to be out of town for that whole week.
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Another certification by attorney Marquez that he called and left a message "in good faith" to try and work things out extra judicially with the plaintiff [who was out of town].
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The trancription of my tapes corroborates that attorney Marquez left two messages which in fact detail what he claims to have said. The tape also recorded 11 other people who heard the plaintiff's message that he was out of town.
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Attorney Marquez asks my voice recorder whether it would be agreeable to an extension of time....since I'm on vacation.
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Official certification of transcription. Still have the tapes.
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The customer who called immediately after Marquez' first message and immediately before Marquez's second message apparently heard that the Plaintiff was on vacation.........lots more next page........
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