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1 ________________________________________________________________________________________ 
FIRST AMENDED COMPLAINT
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TIMOTHY L. MCCANDLESS, ESQ. SBN 147715LAW OFFICES OF TIMOTHY L. MCCANDLESS13240 Amargosa RoadVictorville, California 92392(760) 951-3663 Telephone(909) 382-9956 FacsimileAttorney for 
 Plaintiffs
ERIC SHOCKLEY and CHARLES FETTERS
SUPERIOR COURT FOR THE STATE OF CALIFORNIAIN AND FOR COUNTY OF CONTRA COSTAWAKEFIELD TAYLOR COURTHOUSE
ERIC SHOCKLEY and CHARLESFETTERS,Plaintiffs,V. NDEX WEST LLC, LLC; CHASE HOMEFINANCE LLC; LIME FINANCIALSERVICES LTD., a corporation;MORTGAGE ELECTRONICREGISTRATION SYTEMS; JP MORGANCHASE BANK N.A. As Attorney in Fact for U.S. BANK NATIONAL ASSOCIATION,AS TRUSTEE FOR CITIGROUPMORTGAGE LOAN TRUST INC., ASSET-BACKED PASS-THROUGHCERTIFICATES, SERIES 2006-HE3;LONGBEACH MORTGAGE COMPANY; NEWCENTURY TITLE COMPANY; U.S. BANK  NATIONAL ASSOCIATION, AS TRUSTEEFOR CITIGROUP MORTGAGE LOANTRUST INC., ASSET-BACKED PASSTHROUGH CERTIFICATES, SERIES 2006-HE3 and DOES 1 through 50 inclusive,Defendants.CASE NO:
FIRST AMENDED COMPLAINT FOR:DAMAGES, INJUNCTIVE RELIEF ANDDECLARATORY RELIEF
1. VIOLATION OF CALIFORNIA CIVILCODES §2923.6;2. INTENTIONAL MISREPRESENTATION;3. FRAUD;4. INJUNCTIVE RELIEF;5. VIOLATION OF BUSINESS ANDPROFESSIONS CODE §17200.6. DECLARATORY RELIEF; 
Plaintiffs,
 
ERIC SHOCKLEY and CHARLES FETTERS , (Hereinafter referred as“Plaintiffs”) allege herein as follows:
 
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FIRST AMENDED COMPLAINT
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GENERAL ALLEGATIONS
1.
Plaintiffs, ERIC SHOCKLEY and CHARLES FETTERS at all times relevant have been residents of the County of Contra Costa, State of California and are the owners of RealProperty, including but not limited to the property at issue herein, 203 S. 13
th
Street, Richmond,CA 94084. The Legal descriptions are as follows:APN: 544120002 NYSTROMS ADD N LOTS 34 TO 37 BLK 7 (hereinafter “Subject Property”).
2.
Defendant, NDEX WEST LLC, as Agent and Beneficiary hereinafter “NDEX”) at alltimes herein mentioned was doing business in the County of Los Angeles, State of California and processed the Notice of Default for the above named Real Property. NDEX was substituted in as atrustee as reflected on the Substitution of Trustee dated July 22, 2009. NDEX is theservicer/creditor authorized to collect the debt as reflected on the Deed of Trust for this subject property.3. Defendant CHASE HOME FINANCE LLC, at all times herein was doing business inthe County of Los Angeles.4. Defendant, LIME FINANCIAL SERVICES LTD. (hereinafter “LIME”) at all timesherein mentioned was doing business in Irvine, California and was the original Lender for Plaintiff’s Trust Deed and Note dated June 13, 2006.5. Mortgage Electronic Registration Systems Inc., (hereinafter “MERS”) at all timesherein mentioned was presumed to being doing business in the City of Pleasant Hill, State of California and alleged to be the Beneficiary regarding Plaintiffs’ Real Property as described aboveand as Situated in Contra Costa County – Richmond, California. MERS was the original beneficiary on the Deed of Trust dated June 13, 2006.MERS was also the Nominee for defendant
 
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FIRST AMENDED COMPLAINT
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LIME FINANCIAL SERVICES, the lender, as stated on the Assignment Deed of Trust dated July10, 2009.6. Defendant JP MORGAN CHASE BANK N.A. As Attorney in Fact for U.S. BANK  NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUSTINC., ASSET-BACKED PASS-THROUGH CERTIFICATES, SERIES 2006-HE3 (hereinafter “JP MORGAN”) at all times herein mentioned was presumed to be doing business in LosAngeles, California and is named on the Substitution of Trustee as are attorney in fact for defendant U.S. BANK NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUPMORTGAGE LOAN TRUST INC., ASSET-BACKED PASS THROUGH CERTIFICATES,SERIES 2006-HE3.7. Defendant LONG BEACH MORTGAGE COMPANY, was and is, engaged in ongoing business in the County of Los Angeles, State of California.8. Defendant NEW CENTURY TITLE COMPANY (hereinafter “NEW CENTURY”) atall times herein mentioned was presumed to be doing business in Irvine, California was theoriginal Trustee on the Deed of Trust dated June 13, 2006. NEW CENTURY was the trustee of the Deed of Trust dated June 13, 2006.9. Defendant U.S. BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR CITIGROUP MORTGAGE LOAN TRUST INC., ASSET-BACKED PASS THROUGHCERTIFICATES, SERIES 2006-HE3 (hereinafter “U.S. BANK”) at all times herein mentionedwas doing business in Los Angeles, California and is named in the Substitution of Trustee datedJuly 22, 2009. NDEX was hired to collect the debt that is purportedly owed byU.S. BANK through the Deed of Trust connected with this subject property.10. Plaintiffs are ignorant of the true names and capacities of defendants sued herein as
of 00

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