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Rescission Notice COMPLAINT

Rescission Notice COMPLAINT

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Published by: twebster321 on Sep 25, 2010
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07/09/2013

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LAWOFFICESO
FTIMOTHYG.M
CFARLIN
AProfession
alLawCorpor
ation
123456789

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C O M PLA IN T
Timothy G. McFarlin (CBN: 223378)
LAW OFFICES OF TIMOTHY G.
MCFARLIN, PLC

4 Park Plaza
Suite 1025
Irvine, CA 92614

Telephone:
(949) 206-0400
Facsimile: (949) 206-0404
tim@mcfarlinlaw.com
Attorney(s) for Plaintiff
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
MICHAEL L GOOLSBY, an Individual,
Plaintiff,
vs.

WELLS FARGO BANK, N.A., a National
Association, FIRST AMERICAN TITLE
INSURANCE COMPANY, d/b/a FIRST
AMERICAN LOANSTAR TRUSTEE

SERVICES, a California Corporation, and
DOES 1T H R OU G H 10,
Defendants.
Case No: CV08-01908 DSF (CTx)
FIRST AMENDED COMPLAINT
FOR DAMAGES
JURY TRIAL DEMAND
Plaintiff Michael Goolsby hereby complains and alleges as follows:
I. Preliminary Statement
1.

Plaintiff Michael L. Goolsby, brings this Wrongful Foreclosure action against
WELLS FARGO BANK, N.A., a National Association, FIRST AMERICAN
LOANSTAR TRUSTEE SERVICES, a Texas Limited Liability Company, EMC
MORTGAGE COMPANY, a Delaware Corporation, and DOES 1T H R OU G H 10
(collectively hereinafter ´Defendantsµ) to:

(a) Give effective Notice to Rescind and Cancel;
LAWOFFICESO
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C O M PLA IN T
(b) Enforce Rescission;

(c) Reimburse all fees, charges, and costs paid in a consumer credit transaction pursuant to violations of the Truth in Lending Act,15 U.S.C. §§ 1601 et seq. (´TILAµ), and its implementing regulations at 12 C.F.R. § 226 et seq. (Reg. Z); and

(d) Obtain a reasonable attorney fee.
2.

Plaintiff also seeks declaratory and injunctive relief to further restrain Defendants
under Cal. Business and Professions Code § 17200, et seq. referred to as the Unfair
Competition Law Unfair (´UCLµ) under California Statutes, common law fraud,
misrepresentation and deceit, against Defendants herein. All such California claims
are properly asserted under this Court·s pendent or supplemental jurisdiction

3.

The Defendants are proper parties to be sued for claims arising out of the
transaction when Defendants are attempting to enforce contractual obligations and the
Plaintiff is in an affirmative or defensive position asserting a rescission claim under
TILA; Reg. Z, and asserting other statutory relief under ARS, common law fraud,
misrepresentation or deceit, etc., and for any claims in recoupment and set-off against
all Defendants.

II. Parties
4.
Plaintiff Michael L. Goolsby, (hereinafter ´Plaintiffµ) is aco n s u m e r and an a t u r a l
person as that term is defined under 15 U.S.C. § 1602(h). Plaintiff has rights as a
citizen domiciled here in California, the owner of the principal dwelling commonly
known as 7 Via Amanti, Newport Coast, CA 92657.
5.

Defendant WELLS FARGO BANK, N.A. (hereinafter ´Wells Fargoµ) is a
subsidiary of Wells Fargo & Co. and doing business in this forum State of California
as an originator of mortgage loans. This Defendant is a creditor as that term is
defined under 15 U.S.C. § 1602(f) and Reg. Z § 226.2(a)(17) and at all times relevant
hereto is regularly engaged in the business of extending consumer credit for which a
finance charge is or may be imposed and is payable in more than four installments by

LAWOFFICESO
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C O M PLA IN T

written agreement. This Defendant may by served with service of process by serving its statutory agent CSC ² Lawyers Incorporating Service, 2730 Gateway Oaks Drive, Suite 100, Sacramento, California 95833.

6.

Defendant FIRST AMERICAN TITLE INSURANCE COMPANY (´FATCOµ),
was erroneously sued as ´FIRST AMERICAN TITLE INSURANCE COMPANY,
d/b/a FIRST AMERICAN LOANSTAR TRUSTEE SERVICES, a California

Corporation,µ FATCO is a California corporation, but FIRST AMERICAN
LOANSTAR TRUSTEE SERVICES LLC is not a d/b/a of FATCO, but rather is a
related Texas limited liability company and technically a separate legal entity. The
party conducting the wrongful foreclosure sale, as discussed herein, and proper
defendant is FIRST AMERICAN LOANSTAR TRUSTEE SERVICES, LLC, a
Texas Limited Liability Company (´LOANSTARµ). Loanstar can be served with
service of process through its counsel Glenn H. Wechsler, Esq., located at 1655
North Main Street, Suite 230, Walnut Creek, CA 94596.

7. Defendant EMC MORTGAGE CORPORATION (´EMCµ), a Delaware

Corporation, is a wholly owned subsidiary of the Bear Stearns Companies, Inc. This
Defendant may claim a pecuniary interest, and is joined and needed for just
adjudication. Defendant EMC may be served with process by serving its Officer in
Charge or John A. Vella, CEO, 2780 Lake Vista, Lewisville, Texas 75067 and its
statutory agent CT CORPORATION SYSTEM, c/o EMC Mortgage Corp., 818 West
7th Street, Los Angeles, California 90017

8.

Defendants DOES 1 ² 10 are involved in the instant case and transactions and are currently unknown to Plaintiff. Said entities will be joined upon further discovery of their true nature and liability once these facts are known and supported by competent evidence.

III. Jurisdiction/Venue
9.
This Court has Jurisdiction in this proceeding pursuant to 28 U.S.C. § 1331,
pursuant to 15 U.S.C. § 1640(e) for TILA claims, and pursuant to 28 U.S.C. § 1367

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