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1· CARMEN A. TRUT ANICH, City Attorney (SBN 86629) (l6~'OR.MEf) COpy TINA HESS, Assistant City Attorney (SBN 143900) 2 SUZANNE V. SPILLANE, Supervising Deputy City Attorney (SBN 1644765° NTYOFLOSA GELES JANET KARKANEN, Deputy City Attorney (SBN 162173) JUL 162012 3 JULIA FIGUEIRA-McDONOUGH, Deputy City Attorney (SBN 200452) . OFFICE OF THE LOS ANGELES CITY ATTORNEY !OhnA.Clar~e'Exec~i~~officer/Clerk 4 CRIMINAL BRANCH (j, , s«: _ 200 North Main Street, 500 City Hall East BY ~/&"t(aVll..tJ.JDeputy 5 Los Angeles, California 90012-4131 Telephone (213) 978-7940IFacsimile (213) 978-8112

sU'iR~~JM~I~&.QiO.mA

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Attorneys for Plaintiff, The People of the State of California

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SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, CENTRAL DISTRICT
THE PEOPLE OF THE STATE OF CALIFORNIA, Plaintiff, vs. U.S. BANK NATIONAL ASSOCIATION, a national banking association; U.S. BANK NATIONAL ASSOCIATION, as trustee for Structured Asset Investment Loan Trust, series unidentified, relating to property located at 1562 West 226th Street, Los Angeles, California 90501 ; U.S. BANK NATIONAL ASSOCIATION, as trustee for Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006- BC2; U.S. BANK NATIONAL ASSOCIATION, as trustee for LXS 2005-05N; U.S. BANK NATIONAL ASSOCIATION, as trustee for MASTR Asset Backed Securities Trust 2006- WMC2; U.S. BANK NATIONAL ASSOCIATION, as trustee for Harborview 2006-4; U.S. BANK NATIONAL ASSOCIATION, as trustee for Doe 1, Series 2006-HEl, relating to property located at 1547 West 11th Street, Los Angeles, California 90015; U.S. BANK NATIONAL ASSOCIATION, as trustee for Structured Asset Investment Loan Trust 2006-BNC1; ) Case No. : ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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COMPLAINT TO ABATE PUBLIC NUISANCES, FOR INJUNCTIVE AND OTHER EQUITTABLE RELIEF AND FOR CIVIL PENALTIES FOR VIOLATION OF: 1) THE CALIFORNIA UNFAIR COMPETITION LAW (Business and Professions Code section 17200 et seq.) 2) THE LOS ANGELES MUNICIPAL CODE (Los Angeles Municipal Code section 11.00, subdivision (I»

[No Fee Required Pursuant to Government Code Section 6103]

COMPLAINT

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U.S. BANK NATIONAL ASSOCIATION, as trustee for Doe 2, relating to property located at 3573 West Florence Avenue, Los Angeles, California 90043; U.S. BANK NATIONAL ASSOCIATION, as trustee for Doe 3, relating to property located at 10972 South Hickory Street, Los Angeles, California 90059; U.S. BANK NATIONAL ASSOCIATION, as trustee for C-Bass Mortgage Loan Asset Backed Certificates, Series 2006-CB8; U.S. BANK NATIONAL ASSOCIATION, as trustee for LXS 2005-7N; U.S. BANK NATIONAL ASSOCIATION, as trustee for Doe 4, relating to property located at 9210 South Figueroa Street, Los Angeles, California 90003; U.S. BANK NATIONAL ASSOCIATION, as trustee for :MASTR Asset Backed Securities Trust 2006-NC2; U.S. BANK NATIONAL ASSOCIATION, as trustee for Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-BC4; U.S. BANK NATIONAL ASSOCIATION, as trustee for Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-EQI; U.S. BANK NATIONAL ASSOCIATION, as trustee for Bear Stearns Asset Backed Securities I LLC, Series 2005-AC9; U.S. BANK NATIONAL ASSOCIATION, as trustee for MASTR Asset Backed Securities Trust 2006-NC3; U.S. BANK NATIONAL ASSOCIATION, as trustee for CSAB Mortgage Backed PassThrough Certificates, Series 2006-2; U.S. BANK NATIONAL ASSOCIATION, as trustee for :MASTR Asset Backed Securities Trust 2007- HE 1; U.S. BANK NATIONAL ASSOCIATION, as trustee for Citigroup Mortgage Loan Trust Inc., Mortgage Pass-Through Certificates, Series 2007-AR2; U.S. BANK NATIONAL ASSOCIATION, as trustee for Harborview 2006-4 Trust Fund; U.S. BANK NATIONAL ASSOCIATION, as trustee for JPALT 2006-5;

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COMPLAINT

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U.S. BANK NATIONAL ASSOCIATION, as trustee for JPMMAC 2005-FLDI; U.S. BANK NATIONAL ASSOCIATION, as trustee for Structured Asset Investment Loan Trust, 2006-BNC3; U.S. BANK NATIONAL ASSOCIATION, as trustee for Structured Asset Securities Corporation Trust 2005-WF3; U.S. BANK NATIONAL ASSOCIATION, as trustee for First Franklin Mortgage Loan Trust 2006-FFI2; U.S. BANK NATIONAL ASSOCIATION, as trustee for SG Mortgage Securities Asset Backed Certificates, Series 2006-FRE2; U.S. BANK NATIONAL ASSOCIATION, as trustee for Structured Asset Investment Loan Trust, 2006-BNC2; U.S. BANK NATIONAL ASSOCIATION, as trustee for Structured Asset Securities Corporation Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series 200S-HEI; U.S. BANK NATIONAL ASSOCIATION, as trustee for Doe 5, relating to property located at 10334 South JUniper Street, Los Angeles, California 90002; U.S. BANK NATIONAL ASSOCIATION, as trustee for MASTR Asset Backed Securities Trust 2006-HE5; U.S. BANK NATIONAL ASSOCIATION, as trustee for Structured Asset Mortgage Investments II Inc., Bear Stearns ALT-A Trust Mortgage Pass-Through Certificates, Series 2006-3P; U.S. BANK NATIONAL ASSOCIATION, as trustee for Bear Steams Asset Backed Securities I Trust 2006-IMl; U.S. BANK NATIONAL ASSOCIATION, as trustee for C-Bass Mortgage Loan Asset Backed Certificates, Series 2006-CB4; U.S. BANK NATIONAL ASSOCIATION, as trustee for Lehman Brothers Structured Asset Investment Loan Trust SAIL 2006BNC2; U.S. BANK NATIONAL ASSOCIATION, as trustee for BNC Mortgage Loan Trust 2006-2;

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COMPLAINT

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U.S. BANK NATIONAL ASSOCIATION, as trustee for Doe 6, relating to property located at 3606 South Trinity Street, Los Angeles, California 90011; U.S. BANK NATIONAL ASSOCIATION, as trustee for Citigroup Mortgage Loan Trust, Asset Backed Pass-Through Certificates, Series 2006-AMCl; U.S. BANK NATIONAL ASSOCIATION, as trustee for Structured Asset Investment Loan Trust 2005-8; U.S BANK NATIONAL ASSOCIATION, as trustee for Lehman Brothers Securitization Name- Structured Asset Investment Loan Trust, series unidentified; U.S. BANK NATIONAL ASSOCIATION, as trustee for Citigroup Mortgage Loan Trust Inc., Asset Backed Pass-Through Certificates, Series 2007-AHL2; U.S. BANK NATIONAL ASSOCIATION, as trustee for Structured Asset Investment Loan Trust, 2005-9; U.S. BANK NATIONAL ASSOCIATION, as trustee for Structured Asset Investment Loan Trust, 2006-2; U.S. BANK NATIONAL ASSOCIATION, as trustee for CSAB Mortgage Backed PassThrough Certificates, Series 2006-3; U.S. BANK NATIONAL ASSOCIATION, as trustee for Structured Asset Investment Loan Trust, 2005-HE3; U.S. BANK NATIONAL ASSOCIATION, as trustee for First Franklin Mortgage Loan Trust 2006-FF2; U.S. BANK NATIONAL ASSOCIATION, as trustee for Lehman Brothers Structured Asset Investment Loan Trust SAIL 2006-3; U.S. BANK NATIONAL ASSOCIATION, as trustee for Asset Backed Securities Corporation Home Equity Loan Trust, Series AMQ 2006-HE7; U.S. BANK NATIONAL ASSOCIATION, as trustee for Citigroup Mortgage Loan Trust 2007-AMC2; U.S. BANK NATIONAL ASSOCIATION, as trustee for JPMAC 2006-H3;

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COMPLAINT

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U.S. BANK NATIONAL ASSOCIATION, as trustee for Citi Mortgage Loan Trust Inc., for Asset Backed Pass-Through Certificates, Series 2006-WMC1; U.S. BANK NATIONAL ASSOCIATION, as trustee for Lehman Brothers Structured Asset Investment Loan Trust SAIL 2005-6; U.S. BANK NATIONAL ASSOCIATION, as trustee for Lehman Brothers Structured Asset Securities Corporation SASCO 2006BC6; U.S. BANK NATIONAL ASSOCIATION, as trustee for CMLIT 2007-AR8; U.S. BANK NATIONAL ASSOCIATION, as trustee for JP Morgan Alternative Loan Trust 2006-A6; U.S. BANK NATIONAL ASSOCIATION, as trustee for Asset Backed Pass-Through Certificates, Series RFC 2007-HE1; U.S. BANK NATIONAL ASSOCIATION, as trustee for JP Morgan Acquisition Corporation 2005-FRE1; U.S. BANK NATIONAL ASSOCIATION, as trustee for LXS 2007-4N Trust Fund; U.S. BANK NATIONAL ASSOCIATION, as trustee for Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset Backed Certificates, Series 2007-BC1; U.S. BANK NATIONAL ASSOCIATION, as trustee for Lehman Brothers Structured Asset Securities Corporation SASCO 2007BNC1; U.S. BANK NATIONAL ASSOCIATION, as trustee for Structured Asset Securities Corporation Trust 2007-EQ1; U.S. BANK NATIONAL ASSOCIATION, as trustee for C-Bass Mortgage Loan Asset Backed Certificates, Series 2007-CB5; U.S. BANK NATIONAL ASSOCIATION, as trustee for MASTR Adjustable Rate Mortgages Trust 2007-2; U.S. BANK NATIONAL ASSOCIATION, as trustee for MASTR Adjustable Rate Mortgages Trust 2007-HF2; U.S. BANK NATIONAL ASSOCIATION, as trustee for Structured Asset Securities Corporation Trust 2007 -GEL2;

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COMPLAINT

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) U.S. BANK NATIONAL ASSOCIATION, ) as trustee for MASTR Asset Backed ) Securities Trust 2006-HE4; ) U.S. BANK NATIONAL ASSOCIATION, " ) as trustee for Structured Asset Securities ) Corporation Mortgage Pass-Through ) Certificates, Series 2006-BC5; ) U.S. BANK NATIONAL ASSOCIATION, as trustee for Adjustable Rate Mortgage Trust ) ) 2007-1; ) U.S. BANK NATIONAL ASSOCIATION, as trustee for Adjustable Rate Mortgage Trust ) ) 2007-3; ) U.S. BANK NATIONAL ASSOCIATION, ) as trustee for Asset Backed Securities Corporation Home Equity Loan Trust, Series ) ) MO 2006-HE6; ) U.S. BANK NATIONAL ASSOCIATION, as trustee for Citigroup Mortgage Loan Trust ) Inc., Asset Backed Pass-Through Certificates, ) ) Series 2007-AMC4; ) U.S. BANK NATIONAL ASSOCIATION, ) as trustee for Bane [sic] of America Funding ) Corporation Mortgage Pass-Through ) Certificates, Series 2006-H; ") U.S. BANK NATIONAL ASSOCIATION. ) as trustee for Bear Stearns ARM Trust, ) Mortgage Pass-Through Certificates, Series ) 2005-1; ) U.S. BANK NATIONAL ASSOCIATION, ) as trustee for Structured Asset Investment ) Loan Trust, 2006-3; U.S. BANK NATIONAL ASSOCIATION, ) ) as trustee for Asset Backed Pass-Through ) Certificates, Series 2006- WFHE3; ) U.S. BANK NATIONAL ASSOCIATION, as trustee for Terwin Mortgage Trust 2006-3; ) ) U.S. BANK NATIONAL ASSOCIATION, ) as trustee for Structured Asset Investment ) Loan Trust, 2006-1; ) U.S. BANK NATIONAL ASSOCIATION, ) as trustee for MASTR Asset Backed ) Securities Trust 2007-WMC1; ) U.S. BANK NATIONAL ASSOCIATION, as trustee for Structured Asset Investment ) ) Loan Trust, 2005-3; ) U.S. BANK NATIONAL ASSOCITION, ) as trustee for RAMP 2006-NC2;
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COMPLAINT

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U.S. BANK NATIONAL ASSOCIATION, as trustee for First Franklin Mortgage Loan Trust 2006-FFI4; U.S. BANK NATIONAL ASSOCIATION, as trustee for MASTR Asset Backed Securities Trust 2006- WMC3; U.S. BANK NATIONAL ASSOCIATION, as trustee for W AMU Mortgage PassThrough Certificates for WMAL T 2007OA2; U.S. BANK NATIONAL ASSOCIATION, as trustee for Structured Asset Securities Corporation Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series 2005 -11; U.S. BANK NATIONAL ASSOCIATION, as trustee for CSFB ARMT 2006-3; U.S ..BANK NATIONAL ASSOCIATION, as trustee for W AMU Mortgage PassThrough Certificates for WMALT 2007OA3; U.S. BANK NATIONAL ASSOCIATION, as trustee for Doe 7, relating to property located at 514 West 59th Street, Los Angeles, California 90044; U.S. BANK NATIONAL ASSOCIATION, as trustee for BAFC 2007-A; U.S. BANK NATIONAL ASSOCIATION, as trustee for W AMU Mortgage PassThrough Certificates for \\!MALT 2006AR4; U.S. BANK NATIONAL ASSOCIATION, as trustee for LXS 2006-10N Trust Fund; U.S. BANK NATIONAL ASSOCIATION, as trustee for Bear Steams ARM Trust Mortgage Pass-Through Certificates, Series 2005-6; U.S. BANK NATIONAL ASSOCIATION, as trustee for SARM 2005-3; U.S. BANK NATIONAL ASSOCIATION, as trustee for CMLTI Asset Backed PassThrough Certificates, Series 2007-AMC3; U.S. BANK NATIONAL ASSOCIATION, as trustee for Lehman XS Trust Mortgage Pass-Through Certificates, Series 2005 -9N; U.S. BANK NATIONAL ASSOCIATION, as trustee for C-Bass Mortgage Loan Asset . Backed Certificates 2007-CB3;

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COMPLAINT

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U.S. BANK NATIONAL ASSOCIATION, as trustee for GSAA Home Equity Trust 2007-1; U.S. BANK NATIONAL ASSOCIATION, as trustee for LXS 2007-7N; U.S. BANK NATIONAL ASSOCIATION, as trustee for Home Equity Asset Trust 2005U.S. BANK NATIONAL ASSOCIATION, as trustee for LXS 2006-2N Trust Fund; U.S. BANK NATIONAL ASSOCIATION, as trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset Backed Certificates, Series 2007-1; u.s. BANK NATIONAL ASSOCIATION, as trustee for Terwin Mortgage Trust 2006-7; U.S. BANK NATIONAL ASSOCIATION, as trustee for Harborview 2006-1 Trust Fund; U.S. BANK NATIONAL ASSOCIATION, as trustee for MASTR Adjustable Rate Mortgages Trust 2007-3; U.S. BANK NATIONAL ASSOCIATION, as trustee for MLMI Trust, Series 2006- RM2; U.S. BANK NATIONAL ASSOCIATION, as trustee for Citigroup Mortgage Loan Trust 2006- WFHE4; U.S. BANK NATIONAL ASSOCIATION, as trustee for LXS 2007 -16N Trust Fund; U.S. BANK NATIONAL ASSOCIATION, as trustee for Asset Backed Funding Corporation Asset Backed Certificates, Series 2007- \VM:C1; U.S. BANK NATIONAL ASSOCIATION, as trustee for LXS 2007-2N; U.S. BANK NATIONAL ASSOCIATION, as trustee for LXS 2006-12N; U.S. BANK NATIONAL ASSOCIATION, as trustee for SARM 2005-23; U.S. BANK NATIONAL ASSOCIATION, as trustee for C-Bass Mortgage Loan Certificates 2006-CB5; U.S. BANK NATIONAL ASSOCIATION, as trustee for Mortgage Pass-Through Certificates, Series 2006:-AR3; U.S. BANK NATIONAL ASSOCIATION, as trustee for Doe 8, relating to property located at 327 y; West 70th Street, Los Angeles, California 90003;

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COMPLAINT

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U.S. BANK NATIONAL ASSOCIATION, as trustee for Merill Lynch Mortgage Investors Trust, Series 2010-NP1; U.S. BANK NATIONAL ASSOCIATION, as trustee for JP Morgan Mortgage Acquisition Trust 2006-NC1; U.S. BANK NATIONAL ASSOCIATION, as trustee for MARM 2007-3; U.S. BANK NATIONAL ASSOCIATION, as trustee for Credit Suisse First Boston CSFB 2005-2; U.S. BANK NATIONAL ASSOCIATION, as trustee for Servertis Fund I Trust 2009-2 Certificates, Series 2009-2; U.S. BANK NATIONAL ASSOCIATION, as trustee for MASTR Alternative Loan Trust 2003-7; U.S. BANK NATIONAL ASSOCIATION, as trustee for Washington Mutual Mortgage Pass-Through Certificates WMALT, Series 2006-AR9; U.S. BANK NATIONAL ASSOCIATION, as trustee for Harborview 2005-16 Trust Fund; U.S. BANK NATIONAL ASSOCIATION, as trustee for BNe Mortgage Loan Trust 2007 -1, Mortgage Pass-Through Certificates, Series 2007-1; U.S. BANK NATIONAL ASSOCIATION, as trustee for Bane [sic] of America Funding Corporation Mortgage Pass-Through Certificates, Series 2007-D; U.S. BANK NATIONAL ASSOCIATION, as trustee for Bear Stearns Asset Backed Securities, 2006-AC 1; U.S. BANK NATIONAL ASSOCIATION, as trustee for Credit Suisse First Boston ARMT 2005-5; U.S. BANK NATIONAL ASSOCIATION, as trustee for Citigroup Mortgage Loan Trust Inc., unidentified series; U.S. BANK NATIONAL ASSOCIATION, as trustee for Citigroup Mortgage Trust Inc. Asset Backed Pass-Through Certificates, Series 2007-AMCl;

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COMPLAINT

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U.S. BANK NATIONAL ASSOCIATION, as trustee for Credit Suisse First Boston Mortgage Securities Corp. Home Equity Pass- Through Certificates, Series 2006-8; U.S. BANK NATIONAL ASSOCIATION, as trustee for C-Bass Mortgage Loan Asset Backed Certificates 2007 -CB 1; U.S. BANK NATIONAL ASSOCIATION, as trustee for CBASS 2006-SCl; U.S. BANK NATIONAL ASSOCIATION, as trustee for CSFB Home Equity PassThrough Certificates, Series 2005-FIXl; U.S. BANK. NATIONAL ASSOCIATION, as trustee for Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset Backed Certificates, Series 2006-BC4; U.S. BANK. NATIONAL ASSOCIATION, as trustee for MASTR Adjustable Rate Mortgages Trust, Series 2007-1; U.S. BANK NATIONAL ASSOCIATION, as trustee for BancCap Asset Securitization Issuance Corporation, Mortgage Loan Asset Backed Certificates, Series 2006-1; U.S. BANK NATIONAL ASSOCIATION, as trustee for Citigroup Mortgage Loan Trust, 2005-HE3; U.S. BANK NATIONAL ASSOCIATION, as trustee for WMALT 2007-0A5; U.S. BANK NATIONAL ASSOCIATION, as trustee for Doe 9, relating to property located at 5753 Yz South 8th Avenue, Los Angeles, California 90043; U.S. BANK NATIONAL ASSOCIATION, as trustee for WaMu Mortgage Pass-Through Certificates, Series 2007-HY5; U.S. BANK NATIONAL ASSOCIATION, as trustee for RAMP 2006-EFC2; U.S. BANK NATIONAL ASSOCIATION, as trustee for SAIL 2005-5; and DOES 1 through 2500, Defendants.

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COMPLAINT

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TABLE OF CONTENTS

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3 4 NATURE OF THE ACTION THE PARTIES A. B. Plaintiff' Defendant Doe Defendants OF RESIDENTIAL 21 '" 1 3 3 3 21

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c.

LEGAL DUTIES AND RESPONSIBILITIES PROPERTY OWNERS

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Legal Duties and Responsibilities Relating to Vacant Properties

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California Public Nuisance Law California Vacant Foreclosed Property Maintenance Law The Los Angeles Vacant Building Ordinance The Los Angeles Foreclosure Registry Ordinance

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Legal Duties and Responsibilities Relating to Occupied Properties

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The California Health and Safety Code Statutory Warranty of Habitability Common Law Warranty of Habitability The Covenant of Quiet Enjoyment..

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c.

Tenant Protections

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Section 8 of the United States Housing Act The Protecting Tenants at Foreclosure Act The Los Angeles Rent Stabilization Ordinance The Los Angeles Foreclosure Eviction Ordinance

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Other Municipal Laws

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LAMC Zoning Code LAMC Building Code LAMC Electrical Code

COMPLAINT

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TABLE OF CONTENTS (cont'd.) Pages
LAMC Plumbing Code Mechanical Code 37 38 38

County Property Tax Laws

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DEFENDANT'S LIABILITY

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Unlawful and Unfair Business Practices Unlawful Practices Unfair 66 69

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DEFENDANT's DEFENDANT's

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DEFENDANT US Bank National Association's and Deceptive Practices to Vacate Properties DEFENDANT U.S. BANK's Individual Liability

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FIRST CAUSE OF ACTION

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Uniawful Business Acts and Practices in Violation of 13 California Business and Professions Code sections 17200 et seq. 14 (Against DEFENDANT in Its Individual and Representative Capacities)
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A.

The California Unfair Competition Law 1. Generally "Unlawful" Business Acts and Practices Violations of the UCL

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DEFENDANT's

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Unfair and Fraudulent Business Acts and Practices Under the California Business and Professions Code sections 17200 et seq. (Against Defendant in Its Representative Capacity Only)

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"Unfair" and "Fraudulent" DEFENDANT's

Business Acts and Practices

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Violations of the UCL

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THIRD CAUSE OF ACTION Violations of Los Angeles Municipal Code section 11.00, subdivision (I) (Against Defendants in Its Individual and Representative Capacities) PRAYER FOR RELIEF

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COMPLAINT

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PLAINTIFF, the People of the State of California ("PEOPLE"), complaining of the abovenamed DEFENDANT (DEFENDANT, U.S. Bank National Association, individually and as trustee for these various trusts shall collectively be referred to as "DEFENDANT"), allege as follows: NATURE OF THE ACTION 1. This case concerns DEFENDANT U.S. Bank National Association, a national bank

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that has become one of the largest slumlords in the City of Los Angeles ("City"). Since at least July 2008, DEFENDANT has become the owner of thousands of residential properties in the City, through foreclosure of mortgages held in mortgage-backed securities trusts, which it has completely failed to maintain in violation of municipal, state, and federal law. As a result, hundreds of properties have fallen into disrepair, causing blight and destabilizing communities. 2. DEFENDANT U.S. Bank National Association, based in Minneapolis, Minnesota, is

the 5th largest commercial bank in the United States, with 3,000 branches in 25 states, 60,000 employees and assets totaling over $340 billion. DEFENDANT U.S. Bank National Association acts as trustee for trusts composed of mortgage-backed securities and in this capacity holds title to thousands of properties across the country.

3.

DEFENDANT U.S. Bank National Association was, and continues to be, heavily

involved with mortgage backed securities. In some cases, it acquired large volumes of residential mortgage loans from smaller banks and bundled them into securities, shares of which were then sold to investors who received a portion of the monthly cash payments. In other cases, DEFENDANT was and continues to be compensated for serving as trustee for the trusts. 4. Many of these trusts were comprised of sub-prime mortgages, made to individuals with

who did not meet traditional underwriting guidelines. These individuals wereunder-qualified,

insufficient capital and/or income to support the mortgages. Nonetheless, while the demand for mortgage-backed securities grew, banks continued to issue sub-prime loans allowing borrowers to refinance their original mortgages to avoid foreclosures. 5. Compensation for serving as trustee of mortgage-backed securities provided a

dependable, low-maintenance source of income for DEFENDANT U.S. Bank National Association.
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COMPLAINT

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By late 2006, interest rates began to rise, housing prices began to drop, and refinancing became more difficult Consequently, the number of mortgages in default rose sharply, culminating in the When mortgages held in the mortgage-backed securities trusts were

financial crisis of2007-2008.

foreclosed upon, trustees such as DEFENDANT U.S. Bank National Association acquired title to the foreclosed properties: As a result, DEFENDANT U.S. Bank National Association became large scale residential property owner, a role whose responsibilities it eschews to this day. 6. In the past four years, DEFENDANT U.S. Bank National Association has, as trustee

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for various mortgage-backed securities trusts, taken title to more than 1500 residential properties in the City of Los Angeles (the "Foreclosed Properties"). 7. Upon taking title to these properties, DEFENDANT U.S. Bank National Association

disregarded virtually every one of its legal duties and responsibilities as owner, resulting in the creation and maintenance of an alarming number of vacant nuisance properties and substandard occupied housing units. DEFENDANT U.S. Bank National Association has engaged in this business practice since at least July 2008. 8. DEFENDANT U.S. Bank National Association has been repeatedly advised over the

course of several years of its failure to fulfill its legal duties as property owner in the City and other jurisdictions. Despite this, DEFENDANT U.S. Bank National Association has made no efforts to

remedy the problems or reform its conduct in order to comply with the law, choosing instead to continue its unlawful business practices. 9. This is a civil law enforcement action brought by the Los Angeles City Attorney's

Office on behalf of the PEOPLE to put an end to DEFENDANT U.S. Bank National Association's unlawful, unfair and fraudulent business acts and practices relating to its neglect of hundreds of residential properties within the City. Such unlawful, unfair and fraudulent business acts and practices by DEFENDANT U.S. Bank. National Association has resulted in the creation and maintenance of hundreds of substandard, uninhabitable occupied and vacant nuisance properties; public nuisances; and the unlawful eviction of hundreds of tenants throughout the City.

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COMPLAINT

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10.

In this action, PLAINTIFF asserts its power to remedy this injury to the public under

the California Unfair Competition Law (Bus. & Prof. Code, § 17200 et seq.) and the Los Angeles Municipal Code ("LAMC") by seeking to enjoin DEFENDANT U.S. Bank National Association's ongoing and future violations oflaw, to obtain restitution for the victims of DEFENDANT U.S. Bank National Association's conduct, and to assess civil penalties against DEFENDANT U.S. Bank. National Association to deter it and others from engaging in such conduct now and in the future.

THE PARTIES

A.

Plaintiff
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PLAINTIFF PEOPLE is the sovereign power of the State of California designated by

the California Unfair Competition Law and California public nuisance laws to be the complaining party in civil law enforcement actions brought under those statutes. PLAINTIFF has an interest in ensuring that individuals and entities doing business in this state comply with all governing laws. The PEOPLE act here through Carmen A. Trutanich, City Attorney for the City of Los Angeles, under the authority granted to him by Business and Professions Code sections 17203, 17204 and 17206. Defendant 12. DEFENDANT U.S. Bank National Association is, and at all times relevant hereto

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was, a national banking association organized and existing under the laws of the United States and doing business throughout the State of California, including the City. 13. DEFENDANT U.S. Bank National Association is also named in its capacity as

trustee of each and every trust identified below that holds or held title to each corresponding property identified below located within the City:
TRUST PROPERTY ADDRESS ASSESOR'S PARCEL NUMBER

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Structured Asset Investment Loan Trust (series unidentified) 1562 West 226th Street, Los Angeles, California 90501 ("1562 West 226th Street") 7347011013

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3 COMPLAINT

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TRUST

PROPERTY

ADDRESS

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Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-BC2 925 North Virgil Avenue, Los Angeles, California 90029 ("925 North Virgil Avenue")

ASSESOR'S PARCEL NUMBER

5539008003

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LXS 2005-05N

643 North Rossmore Avenue, Los Angeles, California 90004 ("643 North Rossmore A venue")

5523007003

MASTR Asset Backed Securities Trust 2006WMC2

1008 East 41 st Place, Los Angeles, California 90011 (" 100 8 East 41 st Place")

5115022011

10 11
12 13 14 15 16 17 18 19

Harborview 2006-4

1341 West 51st Place, Los Angeles, California 90037 (" 1341 West 51 st Place")

5017008020

Doe 1, Series 2006-HEI

1547 West 11th Street, Los Angeles, California 90015 ("1547 West 11th Street")

5137015019

Structured Asset Investment Loan Trust, 2006-BNCI

148 East 79th Street, Los Angeles, California 90003 (" 148 East 79th Street")

6030001011

Doe2

3573 West Florence Avenue, Los Angeles, California 90043 ("3573 West Florence Avenue")

4006035016

20
21

Doe 3

10972 South Hickory Street, Los Angeles, California 90059 (" 10972 South Hickory Street")

6067008062

22
23

C-BASS Mortgage Loan Asset Backed Certificates, Series 2006-CB8

237 East 103rd Street, Los Angeles, California 90003 ("237 East 103rd Street")

6063010028

24 25
26 27
LXS 2005-7N 4502 West Olympic Boulevard, Los Angeles, California 90019 ("4502 West Olympic Boulevard") 5082001011

28

4 COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

TRUST

PROPERTY

ADDRESS

ASSESOR'S PARCEL NUMBER

Doe4

9210 South Figueroa Street, Los Angeles, California 90003 ("9210 South Figueroa Street")

6039004003

MASTR Asset Backed Securities Trust 2006NC2

5709 Hooper Avenue, Los Angeles, California 90011 ("5709 Hooper Avenue")

5104026001

Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-BC4

9308 South Main Street, Los Angeles, California 90003 ("9308 South Main Street")

6052007013

Structured Asset Securities Corporation Mortgage Pass-Through Certificates, 2006-

EQI

12745 North De Santis Avenue, Los Angeles, California 91342 ("12745 North De Santis Avenue")

2604020025

Bear Stearns Asset Backed Securities I LLC, Asset Backed Securities, Series 2005-AC9

7002 Hazeltine Avenue, Los Angeles, California 91405 ("7002 Hazeltine Avenue")

2216012018

MASTR Asset-Backed Securities Trust 2006NC3

15430 West Parthenia Street, Los Angeles, California 91343 ("15430 West Parthenia Street")

~
2654020053

CSAB Mortgage Backed Pass-Through Certificates, 2006-2

223 West 90th Street, Los Angeles, California 90003 ("223 West 90th Street")

6040029007

MASTR Asset Backed Securities Trust 2007HE1

1408 South Burlington Avenue, Los Angeles, California 90006 ("1408 South Burlington Avenue")

5135019003

23 24
25

Citigroup Mortgage Loan Trust, Inc., Mortgage Pass- Through Certificates, Series . 2007-AR2

5955 North Corbin Avenue, Los Angeles, California 91326 ("5955 North Corbin Avenue")

2153020001

Harborview 2006-4 Trust Fund

602 North Wilton Place, Los Angeles, California 90004 ("602 North Wilton Place")

5522007024

26
27

28

5 COMPLAINT

1 2 3 4 5 6 7

TRUST

PROPERTY ADDRESS
12806 West Oxnard Street, Los Angeles, California 91606 ("12806 West Oxnard Street")

ASSESOR'S PARCEL NUMBER

JPAL T 2006-5

2341006014

JPMorgan Investment Bank, JPMMAC 2005FLDl

531 West 48th Street, Los Angeles, California 90037 ("531 West 48th Street")

5018027005

8
9 10

Structured Asset Investment Loan Trust, 2006-BNC3

732 West 97th Street, Los Angeles, California 90044 ("732 West 97th Street")

6054003015

11
12

Structures Asset Securities Corporation Trust 2005-WF3

19525 West Bassett Street, Los Angeles, California 91335 (" 19525 West Bassett Street")

2130009021

13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

First Franklin Mortgage Loan Trust 2006FF12

716 South Bonnie Brae, Los Angeles, California 90057 ("716 South Bonnie Brae")

5142006002

SG Mortgage Securities Asset Backed Certificates, Series 2006-FRE2

1653 South 5th Avenue, Los Angeles, California 90019 ("1653 South 5th Avenue")

5072020010

Structured Investment Loan Trust 2006BNC2

517 West 79th Street, Los Angeles, California 90003 ("517 West 79th Street")

6020016015

Structured Asset Securities Corporation Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series 2005-HEI

14646 Erwin Street, Van Nuys, California 91411 (" 14646 Erwin Street")

2241014010

Doe5

10334 South Juniper Street, Los Angeles, California 90002 ("10334 South Juniper Street")

6066018011

MASTR Asset Backed Securities Trust 2006HE5

2606 North Vallejo Street, Los Angeles, California 90031 ("2606 North Vallejo Street")

5204009003

6

COMPLAINT

1
2 3

TRUST

PROPERTY

ADDRESS

ASSESOR'S PARCEL NUMBER

4
5

Structured Asset Securities Corporation Mortgage Pass-Through Certificates 2006EQI

221 South Reno Street, Los Angeles, California 90057 ("221 South Reno Street")

5155006004

6
7 8

Structured Assets Mortgage Investments II Inc., Bear Stearns ALT-A Trust Mortgage Pass Through Certificates, Series 2006-3P

401 East 83rd Street, Los Angeles, California 90003 ("401 East 83rd Street")

6030030001

Bear Stearns Asset Backed Securities I Trust 2006-IMI

9
10
C-Bass Mortgage Loan Asset Backed Certificates, Series 2006-CB4

1422 South Carmona Avenue, Los Angeles, California 90019 ("1422 South Carmona Avenue")

5069029007

11
12 13

2834 West Martin Luther King Jr. Boulevard, Los Angeles, California 90008 ("2834 West MLK Boulevard")

5023003011

14 15 16
17

Lehman Brothers Structured Asset Investment Loan Trust SAIL 2006-BNC2

8047 North Louise Avenue, Los Angeles, California 91325 ("8027 North Louise Avenue")

2201019009

BNC Mortgage Loan Trust 2006-2

10424 Lou Dillon Avenue, Los Angeles, California 90002 ("10424 Lou Dillon Avenue")

6066012063

18 19

Doe6

3606 South Trinity Street, Los Angeles, California 90011 ("3606 South Trinity Street")

5121014019

20
21 22

Citigroup Mortgage Loan Trust, Asset Backed Pass-Through Certificates, Series 2006-AMCI

5700 South 3rd Avenue, Los Angeles, California 90043 ("5700 South 3rd Avenue")

5005001001

23
24

Structured Asset Investment Loan Trust 2005-8

3915 Walton Avenue, Los Angeles, California 90037 ("3915 Walton Avenue")

5037020033

25
26 27

Lehman Brothers Securitization NameStructured Asset Investment Loan Trust

7819 South Hoover Street, . Los Angeles, California 90044 ("7819 South Hoover Street")

6020014018

28

7 COMPLAINT

1
2 3 4 5 6 7 8 9 10

TRUST

PROPERTY

ADDRESS

ASSESOR'S PARCEL NUMBER

Citigroup Mortgage Loan Trust Inc., Asset Backed Pass Through Certificates, Series 2007-AHL2

236 South Columbia Avenue, Los Angeles, California 90026 ("236 South Columbia Avenue")

5153016002

Structured Asset Investment Loans Trust 2005-9

901 West 81st Street, Los Angeles, California 90044 ("90 1 West 81st Street")

6032004030

MASTR Asset Backed Securities Trust 2007-

HEI

4313 South Crocker Street, Los Angeles, California 90011 ("4313 South Crocker Street")

5113009023

Structured Investment Loan Trust, 2006-2

11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
First Franklin Financial Loan Trust, Mortgage Pass-Through Certificates, Series 2006~FF2 Structured Asset Investment Loan Trust 2006-BNC2 MASTR Asset Backed Securities Trust 2006WMC2 Structured Asset InvestmentLoan 2005-HE3 Trust, MASTR Asset Backed Security Trust 2006HE5 CSAB Mortgage Backed Pass-Through Certificates, Series 2006-3

6300 East Monterey Road, Los Angeles, California 90042 ("6300 East Monterey Road")

5312028025

6321 South Hoover Street, Los Angeles, California 90044 ("6321 South Hoover Street")

6004018021

621 East 83rd Street, Los Angeles, California 90001 ("621 East 83rd Street")

6029016008

8116 North Laramie Avenue, Los Angeles, California 91306 ("8116 North Laramie Avenue")
"

2107016088

60614th Avenue, Los Angeles, California 90043 ("6061 4th Avenue")

4007005033

8312 South San Pedro Street, Los Angeles, California 90003 ("8312 South San Pedro Street")

6030023004

13521 North Norris Avenue, Los Angeles, California 91342 ("13521 North Norris Avenue")

2501024018

8 COMPLAINT

1 2 3 4 5 6 7 8 9 10

TRUST

PROPERTY

ADDRESS

ASSESOR'S PARCEL NUMBER

Lehman Brothers Structured Asset Investment Loan Trust SAIL 2006-3

419 West 103rd Street, Los Angeles, California 90003 ("419 West 103rd Street")

6054035016

Asset Backed Securities Corporation Home Equity Loan Trust, Series AMQ 2006-HE7

837 West 50th Street, Los Angeles, California 90037 ("837 West 50th Street")

5018015007

Citigroup Mortgage Loan Trust 2007-AMC2

219 North Grand Avenue, Los Angeles, California 90731 ("219 North Grand Avenue")

7448031012

JPMAC 2006-H3

11 12 13 14
Citi Mortgage Loan Trust Inc. for Asset Backed Pass-Through Certificates, Series 2006-WMCI

835 East 109th Street, Los Angeles, California 90059 ("835 East 109th Street")

6071013007

2211 West 20th Street, Los Angeles, California 90018 ("2211 West 20th Street")

5073030034

15
16 17 18 19

Lehman Brothers Structured Asset Investment Loan Trust SAIL 2005-6

145 South Dacotah Street, Los Angeles, California 90063 ("145 South Dacotah Street")

5179003024

Lehman Brothers Structured Asset Securities Corporation SASCO 2006-BC6

1917 West 73rd Street, Los Angeles, California 90047 ("1917 West 73rd Street")

6017002025

20
21 22

JP Morgan Alternative Loan Trust 2006-A6

18309 West Keswick Street, Los Angeles, California 91335 ("18309 West Keswick Street")

2102021043

23
24

CMLIT 2007-AR8

8953 cayuga Avenue, Los Angeles, California 91352 ("8953 Cayuga Avenue")
,

2631019041

25 26
27

Asset Backed Pass-Through Certificates, Series RFC 2007-HEI

13240 West Aztec Street, Los Angeles, California 91342 ("13240 West Aztec Street")

2511026010

28

9 COMPLAINT

1 2 3 4 5 6 7

TRUST

PROPERTY

ADDRESS

ASSESOR'S PARCEL NUMBER

JPMorgan Acquisition Corporation 2005FREI

3503 South Cimarron Street, Los Angeles, California 90018 ("3503 South Cimarron Street")

5042031011

LXS 2007-4N Trust Fund

2129 Scott Avenue, Los Angeles, California 90026 ("2129 Scott Avenue")

5424001025

8
9 10 11 12 13 14 15 16 17 18 19 20 21 22

Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset Backed Certificates, Series 2007-BCl

10526 Lou Dillon Avenue, Los Angeles, California 90002 ("10526 Lou Dillon Avenue")

6066013021

Lehman Brothers Structured Asset Securities Corporation SASCO 2007-BNCI

2860 South Holt Avenue, Los Angeles, California 90064 ("2860 South Holt Avenue")

4312003014

Structured Asset Securities Corporation Trust 2007-EQI

2518 East Chelsea Street, Los Angeles, California 90033 ("2518 East Chelsea Street")

5202008020

C-Bass Mortgage Loan Asset Backed Certificates, Series 2007-CB5

312 West Gage Avenue, Los Angeles, California 90003 ("312 West Gage Avenue")

6005002005

MASTR Adjustable Rate Mortgages Trust 2007-2

5152 North Lindley Avenue, Los Angeles, California 91316 ("5152 North Lindley Avenue")

2181003011

MASTR Adjustable Rate Mortgages Trust 2007-HF2

4915 South 2nd Avenue, Los Angeles, California 90043 ("4915 South 2nd Avenue")

5015039026

23
24 25 26

Structured Asset Securities Corporation Trust 2007-GEL2

216 West 47th Street, Los Angeles, California 90037 ("216 West 47th Street")

5110011006

MASTR Asset Backed Securities, Trust 200G-HE4

1651 West Gage Avenue, Los Angeles, California 90047 ("1651 West Gage Avenue")

6002028003

27
28
10 COMPLAINT
,

1

TRUST

PROPERTY

ADDRESS

2
3 4
Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-BC5 146 East 89th Street, Los Angeles, California 90003 ("146 East 89th Street")

ASSESOR'S PARCEL NUMBER

6041006017

5 6
7 8
Adjustable Rate Mortgage Trust 2007-3 Adjustable Rate Mortgage Trust 2007-1

12739 North Bradley Avenue, Los Angeles, California 91342 ("12739 North Bradley Avenue")

2506032022

715 South Saint Louis Street, Los Angeles, California 90023 ("715 South Saint Louis Street")

5183021009

9
10 11 12 13 14 15 16
17
Bane [sic] of America Funding Corporation Mortgage Pass-Through Certificates, Series 2006-H 2803 South Victoria A venue, Los Angeles, California 90016 ("2803 South Victoria Avenue") 5050016016 Asset Backed Securities Corporation Home Equity Loan Trust, Series MO 2006-HE6 3029 North Eva Terrace, Los Angeles, California 90031 ("3029 North Eva Terrace") 5209002010·

Citigroup Mortgage Loan Trust Inc, Asset Backed Pass Through Certificates, Series 2007-AMC4

9200 North Haddon Avenue, Los Angeles, California 91352 ("9200 North Haddon Avenue")

2629033021

18 19 20 21

Bear Stearns ARM Trust, Mortgage PassThrough Certificates, Series 2005-1

6118 West Homer Street, Los Angeles, California 90035 ("6118 West Homer Street")

5068006004

Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-BC4

1159 East 33rd Street, Los Angeles, California 90011 ("1159 East 33rd Street")

5114025026

22
23

Structured Asset Investment Loan Trust, 2006-3

527 South Bernal Avenue, Los Angeles, California 90023 ("527 South Bernal Avenue")

5186007053

24 25
26 27
Asset Backed Pass-Through Certificates, Series 2006- VlFHE3

8822 Reading A venue, Los Angeles, California 90045 ("8822 Reading Avenue")

41250}7012

28

11 COMPLAINT

1 2 3 4 5

TRUST

PROPERTY

ADDRESS

ASSESOR'S PARCEL NUMBER

Terwin Mortgage Trust 2006-3, Asset Backed Certificates, Series 2006-3

4507 West Rosewood Avenue, Los Angeles, California 90004 ("4507 West Rosewood Avenue")

5521020005

6
7

Structured Asset Investment Loan Trust, 2006-1

6742 North Beck Avenue, Los Angeles, California 91606 ("6742 North Beck Avenue")

2320016004

8
9 10 11 12 13 14 15 16 17

Citigroup Mortgage Loan Trust Inc., Asset Backed Pass-Through Certificates, Series 2007-AMC4

847 West 41 st Drive, Los Angeles, California 90067 ("847 West 41 st Drive")

5019003007

MASTR Asset Backed Securities Trust 2007WMCI

11505 North Fellows Avenue, Los Angeles, California 91331 ("11505 North Fellows Avenue")

2533025010

Structured Asset Investment Loan Trust 2005-3

653 West 99th Street, Los Angeles, California 90044 ("653 West 99th Street")

6054023028

RAMP 2006-NC2

1512 East 106th Street, Los Angeles, California 90002 ("1512 East 106th Street")

6065015014

18
19 20 21 22 23 24 25 26 27 28

IP Morgan Acquisition Corporation 2005FREI

1261 North Island Avenue, Los Angeles, California 90744 (" 1261 North Island Avenue")

7420011011

First Franklin Mortgage Loan Trust 2006FF14

20552 West Acre Street, Los Angeles, California 91306 ("20552 West Acre Street")

2780012002

MASTR Asset Securities Trust 2006- WMC3

2008 East Hollenbeck Drive, Los Angeles, California 90023 ("2008 East Hollenbeck Drive")

5183021001

WAMU Mortgage Pass-Through Certificates for WMALT 2007-0A2

737 North Heliotrope Drive, Los Angeles, California 90029 ("737 North Heliotrope Drive")

5538016022

12 COMPLAINT

1 2

TRUST

PROPERTY

ADDRESS

ASSESOR'S PARCEL NUMBER

3
4 5

BNC Mortgage Loan Trust 2006-2

525 West 111th Street, Los Angeles, California 90044 ("525 West 1Ilth Street")

6075022018

6
7 8 9 10 11 12 13 14 15 16 17 18

MASTR Asset Backed Securities Trust 2007WMCI

3152 East Folsom Street, Los Angeles, California 90063 ("3152 East Folsom Street")

5178021025

Structured Asset Securities Corporation Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series 2005-11 Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series 2006-2

8755 North Matilija Avenue, Los Angeles, California 91402 ("8755 North Matilija Avenue")

2637003022

421 West 56th Street, Los Angeles, California 90037 ("421 West 56th Street")

5001036033

Structured Asset Investment Loan Trust, 2006-3

8144 North Lorna Verde Avenue, Los Angeles, California 91304 ("8144 North Lorna Verde Avenue")

2109004007

CSFB ARMT 2006-3

5910 East Echo Street, Los Angeles, California 90042 ("5910 East Echo Street")

5492016027

Structured Asset Investment Loan Trust, 2006-3

8923 South Menlo Avenue, Los Angeles, California 90044 ("8923 South Menlo Avenue")

6038020040

19
20 21 22 23 24 25 26 27 28
13 COMPLAINT Doe7 514 West 59th Street, Los Angeles, California 90044 ("514 West 59th Street") 6004030009 Citigroup Mortgage Loan Trust Inc., Mortgage Pass-Through Series 2007-AR2 WAMU Mortgage Pass-Through Certificates for WMALT 2007-0A3 1435 East 48th Street, Los Angeles, California 90011 ("1435 East 48th Street") 5107013025

9809 West Melinda Drive, Los Angeles, California 90210 ("9809 West Melinda Drive")

4385009017

1 2 3 4 5

TRUST

PROPERTY ADDRESS 1768 South Hayworth Avenue, Los Angeles, California 90035 ("1768 South Hayworth Avenue") 514 West 62nd Street, Los Angeles, California 90044 ("514 West 62nd Street") 742 East 84th Street, Los Angeles, California 90001 ("742 East 84th Street") 1349 West 49th Street, Los Angeles, California 90037 ("1349 West 49th Street'') 5311 South 7th Avenue, Los Angeles, California 90043 ("5311 South 7th Avenue") 255 East 49th Street, Los Angeles, California 90011 ("255 East 49th Street") 7235 North Katherine Avenue, Los Angeles, California 91405 ("7235 North Katherine Avenue") 3732 South Ruthelen Street, Los Angeles, California 90018 ("3732 South Ruthelen Street") 17000 West Cantara Street, Los Angeles, California 91406 ("17000 West Cantara Street") 4416 South 6th Avenue, Los Angeles, California 90043 ("4416 South 6th Avenue")

ASSESOR'S PARCEL NUMBER

MASTR Asset Backed Securities Trust 2006HE4

5066018017

6
7

BAFC2007-A

6004022004

8
9 10 11 12 13 14 15 16

WAMU Mortgage Pass-Through Certificates for WMALT 2006-AR4

6029023018

MASTR Asset Backed Securities Trust 2006HE4

5017005006

LXS 2006-1 ON Trust Fund

5006019016

Bear Stearns ARM Trust Mortgage PassThrough Certificates, Series 2005-2006

5109009036

17
18
SARM2005-3

2217025005

19
20 21 22 23 24 25 26 27 28
14 COMPLAINT MASTR Asset Backed Securities Trust 2006HE4 5014020017 Lehman XS Trust Mortgage Pass-Through Certificates, Series 2005-9N .CML TI Asset Backed Pass-Through Certificates, Series 2007-AMC3 5042016029

2204031020

1

TRUST

PROPERTY ADDRESS
9120 South Vermont Avenue, Los Angeles, California 90044 ("9120 South Vermont Avenue")

2
3 4 5
C~Bass Mortgage Loan Asset Backed Certificates 2007-CB3

ASSESOR'S PARCEL NUMBER

6039001022

6
7

GSAA Home Equity Trust 2007~1

1645 West 89th Street, Los Angeles, California 90047 ("1645 West 89th Street")

6037003001

8
9 10

LXS 2007-7N

4621 West Pickford Street, Los Angeles, California 900 19 ("4621 West Pickford Street")

5071023017

Home Equity Asset Trust 2005~9

11
12

13147 North Gladstone Avenue, Los Angeles, California 91342 ("13147 North Gladstone Avenue")

2512001028

13 14 15 16 17 18 19

LSX 2006-2N Trust Fund

3990 South Normandie Avenue, Los Angeles, California 90037 ("3990 South Normandie Avenue")

5037001013

First Franklin Mortgage Loan Trust, Mortgage Loan Asset Backed Certificates, Series 2007-1

1254 West 40th Place, Los Angeles, California 90037 (" 1254 West 40th Place")

5020015014

Terwin Mortgage Trust 2006-7, Asset Backed Certificates

3514 South 7th Avenue, Los Angeles, California 90018 ("3514 South 7th Avenue")

5044025020

20
21

Harborview 2006-1 Trust Fund

1126 South Lake Street, Los Angeles, California 90006 ("1126 South Lake Street")

5136018005

22
23 24 25

MASTR Adjustable Rate Mortgages Trust 2007-3

1027 North Mark Street, Los Angeles, California 90033 ("1027 North Mark Street")

5201018018

Asset Backed Securities Corporation Home Equity Loan Trust, Series MO 2006-HE6

3971 North Murietta Avenue, Los Angeles, California 91423 ("3971 North Murietta Avenue")

2272010043

26
27

28

15

COMPLAINT

1 2 3 4 5 6 7 8 9 10

TRUST

PROPERTY

ADDRESS

ASSESOR'S PARCEL NUMBER

MLMI Trust Series 2006-RM2

786 East 41st Street, Los Angeles, California 90011 ("786 East 41st Street")

5115001027

Citigroup Mortgage Loan Trust 2006WFHE4

909 South Fedora Street, Los Angeles, California 90006 ("909 South Fedora Street")

5094022030

LXS 2007-16N Trust Fund

1234 South Manhattan Place, Los Angeles, California 90019 ("1234 South Manhattan Place")

5080005005

11
12 13 14 15

Asset Backed Funding Corporation Asset Backed Certificates, Series 2007-\VMCI

2132 West Fargo Street, Los Angeles, California 90039 ("2132 West Fargo Street")

5422020014

Structured Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-BC4

2253 South Bronson Avenue, Los Angeles, California 90018 ("2253 South Bronson Avenue")

5060005024

LXS2007-2N

16
17 18 19
LXS 2006-12N

1618 East 27th Street, Los Angeles, Califomia 90011 ("1618 East 27th Street")

5117004029

1720 South Union Avenue, Los Angeles, Califomia 90015 (" 1720 South Union Avenue")

5135025003

20
21 22 23 24 25

Harborview 2006-1 Trust Fund

1800 West 4th Street, Los Angeles, Califomia 90057 ("1800 West 4th Street")

5154023012

SARM 2005-23

1385 West 22nd Street, Los Angeles, Califomia 90007 (" 1385 West 22nd Street")

5055018041

C-Bass Mortgage Loan Certificates 2006CB5

5243 Blackwelder Street, Los Angeles, California 90016 ("5243 Blackwelder Street")

5043015018

26
27

28

16 COMPLAINT

1 2 3 4

TRUST

PROPERTY ADDRESS
1008 North Mark Street, Los Angeles, California 90033 (" 1008 North Mark Street")

ASSESOR'S PARCEL NUMBER

Bear Steams Asset Backed Securities I Trust 2006-IMl

5201017005

5
6 7 8 9 10 11 12 13 14 15

Mortgage Pass-Through Certificates, Series 2006-ARJ

16840 West McCorrilick Street, Los Angeles, California 91436 ("16840 West McCormick Street")

2259022014

Doe 8

327 ~ West 70th Street, Los Angeles, California 90003 ("327 ~ West 70th Street")

6012008028

Merrill Lynch Mortgage Investors Trust, Series 20lO-NPI

23830 West Van owen Street, Los Angeles, California 91307 ("23830 West Vanowen Street")

2034001004

JP Morgan Mortgage Acquisition Trust 2006NCl

7035 North Claire Avenue, Los Angeles, California 91605 ("7035 North Claire Avenue")

2129005018

MARM2007-3

16
17 18 19 20 21 22 23 24 25 26 27 28
Washington Mutual Mortgage Pass-Through Certificates WMAL T Series 2006-AR9 MASTR Alternative Loan Trust 2003-7 Servertis Fund I Trust 2009-2 Certificates, Series 2009-2 Credit Suisse First Boston CSFB 2005-2

529 North Saint Louis Street, Los Angeles, California 90033 ("529 North Saint Louis Street")

5175029009

7240 North Irondale Avenue, Los Angeles, California 91306 ("7240 North Irondale Avenue")

2113015031

11515 North Balboa Boulevard, Los Angeles, California 91406 ("11515 North Balboa Boulevard")

2607019037

1219 East 51st Street, Los Angeles, California 90011 ("1219 East 51st Street")

5107028028

12983 West Montague Street, Los Angeles, California 91331 ("12983 West Montague Street")

2626009014

17

COMPLAINT

1

TRUST

PROPERTY ADDRESS
11536 West Cumpston Street, North Hollywood, California 91601 ("11536 West Cumpston Street")

2
3 4
MARM2007-3

ASSESOR;S PARCEL NUMBER

2350002030

5
6 7

MASTR Adjustable Rate Mortgages Trust 2007-3

12771 West Filmore Street, Pacoima, California 91331 ("12771 West Filmore Street")

2527030018

8 9
10

Structured Asset Investment Loan Trust 2006-BNC3

13984 West Terra Bella Street, Los Angeles, California 91331 ("13984 West Terra Bella Street")

2642001005

11
12 13 14

CSAB Mortgage-Backed Pass-Through Certificates, Series 2006-3

829 North Sycamore Avenue, Los Angeles, California 90038 ("829 North Sycamore Avenue")

5525005016

Structured Asset Investment Loan Trust, 2005-9

1152 North Wilton Place, Los Angeles, California 90038 ("1152 North Wilton Place")

5536007029

15
16 17

LXS 2007-16N Trust Fund

2339 South Lucerne Avenue, Los Angeles, California 90016 ("2339 South Lucerne Avenue")

5061024017

18
19 20 21

Harborview 2005-16 Trust Fund

645 West 85th Street, Los Angeles, California 90044 ("645 West 85th Street")

6032018048

BNC Mortgage Loan Trust 2007-1, Mortgage Pass-Through Certificates, Series 2007-1

3986 South Denker Avenue, Los Angeles, California 90047 ("3986 South Denker Avenue")

5036030004

22
23

Bane [sic] of America Funding Corporation Mortgage Pass-Through Certificates, Series 2007-D

828 West 108th Street, Los Angeles, California 90044 ("828 West 108th Street")

6061007008

24
25

Structur.ed Asset Securities Corporation Mortgage Pass-Through Certificates, Series 2006-BC2

1190 Yz East 47th Street, Los Angeles, California 90011 C" 1190 \4 East 47th Street")

5107015001

26
27

28

18

COMPLAINT

1 2 3 4 5

TRUST
MASTR Asset-Backed Securities Trust 2006NC3 Mortgage Pass-Through Certificates, Series 2006-NC3

PROPERTY ADDRESS
13483 West Brownell Street, Los Angeles, California 91340 ("13483 West Brownell Street")

ASSESOR'S PARCEL NUMBER

2524015027

6
7

Bear Steams Asset Backed Securities, 2006ACI

213 North Windsor Boulevard, Los Angeles, California 90004 ("213 North Windsor Boulevard")

5515032008

8
9 10

Credit Suisse First Boston ARMT 2005-5

708 West 56th Street, Los Angeles, California 90037 ("708 West 56th Street")

5001019010

Citigroup Mortgage Loan Trust Inc.

11 12 13 14 15 16 17 18 19
Citigroup Mortgage Trust Inc. Asset Backed Pass-Through Certificates, Series 2007AMCI LXS 2006-1 ON Trust Fund

13720 North Gladstone Avenue, Los Angeles, California 91342 ("13720 North Gladstone Avenue")

2503001038

1257 South Plymouth Boulevard, Los Angeles, California 90019 ("1257 South Plymouth Boulevard")

5082009025

1525 East 0 Street, Los Angeles, California 90744 (" 1525 East 0 Street")

7426021024

Credit Suisse First Boston Mortgage Securities Corp. Home Equity Pass-Through Certificates, Series 2006-8

1517 West 228th Street, Los Angeles, California 90501 (" 1517 West 228th Street")

7347015020

20
21 22 23 24 25

C-Bass Mortgage Loan Asset Backed Certificates, Series 2007-CBl

1227 East 20th Street, Los Angeles, California 90011 ("1227 East 20th Street")

5131008022

CBASS 2006-SCI

5630 South Broadway, Los Angeles, California 90037 ("5630 South Broadway")

5101028028

CSFB Home Equity Pass-Through Certificates, Series 2005-FIXI

4228 East Abner Street, Los Angeles, California 90032 ("4228 East Abner Street")

5215001011

26
27 28
19

COMPLAINT

1 2 3

TRUST

PROPERTY

ADDRESS

ASSESOR'S PARCEL NUMBER

C-Bass Mortgage Loan Asset Backed Certificates, Series 2007 -CB 1

4
5
Credit Suisse First Boston Mortgage Securities Corp. Home Equity Pass-Through Certificates, Series 2006-8

2326 North Alta Street, Los Angeles, California 90031 ("2326 North Alta Street")

5208031011

6
7 8

12731 West Rajah Street, Los Angeles, California 91342 ("12731 West Rajah Street")

2580009015

9
10 11 12 13 14 15 16 17 18

Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset Backed Certificates, Series 2006-BC4

7650 North Oak Park Avenue, Los Angeles, California 91406 ("7650 North Oak Park Avenue")

2203010012

MASTR Adjustable Rate Mortgages Trust, Series 2007-1

846 West Santa Cruz Street, Los Angeles, California 90731 ("846 West Santa Cruz Street")

7447011025

CitiGroup Mortgage Loan Trust 2007-AMC2

1245 East 43rd Street, Los Angeles, California 90011 ("1245 East 43rd Street")

5115031026

BancCap Asset Securitization Issuance Corporation, Mortgage Loan Asset Backed Certificates, Series 2006-1

224 West 71st Street, Los Angeles, California 90003 ("224 West 71 st Street")

6012013039

Citigroup Mortgage Loan Trust, 2005-HE3

1612 West 24th Street, Los Angeles, California 90007 ("1612 West 24th Street")

5054003006

19 20
21
WMALT 2007-0A5 1920 South Sherbourne Drive, Los Angeles, California 90034 (" 1920 South Sherbourne Drive") 4302025005

22
23
Doe 9

5753 Yz South 8th Avenue, Los Angeles, California 90043 ("5753 Yz South 8th Avenue")

5006016012

24
25
WaMu Mortgage Pass-Through Certificates, Series 2007-HY5 1412 South 4th Avenue, Los Angeles, California 90019 ("1412 South 4th Avenue") 5072026013

26
27 28
20 COMPLAINT

1

TRUST

PROPERTY

ADDRESS

2 r--------------------------r-------------------------r---------------4
3 4 5 6 7 8
RAMP 2006-EFC2 LXS 2007-16N Trust Fund 326 West 13th Street, San Pedro, California 90731 ("326 West 13th Street") 7456009014

ASSESOR'S PARCEL NUMBER

9206 South Hoover Street, Los Angeles, California 90044 ("9206 South Hoover Street")

6039014026

r---------------------------~------------------------_r------~------__1
SAIL 2005-5 4110 Compton Avenue, Los Angeles, California 90011· ("4110 Compton Avenue") 5116012036

9 r-------------------------~------------------------~---------------4
10

11
12

14.

DEFENDANT U.S. Bank National Association, named in its individual capacity, is

personally liable for the unlawful practices committed in its capacity as trustee of the abovereferenced trusts, through the acts and omissions of its officers, employees and agents, who participated in, controlled, approved, aided, abetted, encouraged, facilitated, ratified, and otherwise intentionally or negligently acted or failed to act with respect to the unlawful conduct described herein. Accordingly, DEFENDANT U.S. Bank National Association is personally at fault with respect to its obligations arising from ownership or control of each trust property identified above. (Cal. Prob. Code, § 18001.)

13
14 15 16 17 18

19
20 21

c.

Doe Defendants 15. PLAINTIFF is ignorant of the true names and capacities of DEFENDANTS DOES I

through 2500, inclusive, and therefore sues these DEFENDANTS by fictitious names. PLAINTIFF will amend this Complaint under Code of Civil Procedure section 474 to insert the true names and capacities of these DEFENDANTS, when ascertained. LEGAL DUTIES AND RESPONSIBILITIES 16. OF RESIDENTIAL PROPERTY OWNERS

22
23

24
25

An extensive regulatory framework of federal, state, county and municipal building,

26
27
28

fire, health, safety and housing laws govern the condition and operation of residential buildings in

21 COMPLAINT

1 2 3 4 5 6

the City. Owners who fail to comply with those laws may be cited by the relevant agencies, and, if they fail to comply, may be subject to the imposition of civil sanctions and/or criminal prosecution. 17. DEFENDANT U.S. Bank National Association has acquired and held title to more

than 1,500 residential properties in the City during the four years preceding the filing of this Complaint. DEFENDANT U.S. Bank National Association, as the owner of these properties, asswnes the same legal duties and responsibilities to maintain these properties as any other owner Legal Duties and Responsibilities Relating to Vacant Properties

7 A.
8
9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

1.
18.

California Public Nuisance Law A nuisance is defined as including "[a]nything which is ... offensive to the senses, or

an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property .... " (Civ. Code .. § 3479.) 19. A public nuisance is "one which affects at the same time an entire community or

neighborhood, or any considerable number of persons, although the extent of the annoyance or damage inflicted upon individuals may be unequal." (Civ. Code, § 3.480.) 20. The concept of a nuisance per se arises when a legislative body with appropriate

jurisdiction, in the exercise of police power, expressly declares a particular object or substance, activity, or circumstance, to be a nuisance. In California, city legislative bodies are empowered to declare what constitutes a nuisance. (Gov. Code, § 38771.) 21. The City has declared any violation of any provision of the Los Angeles Municipal

Code ("LAMC") a public nuisance. (LAMC, § 11.00(1).) 22. Nuisances per se are so regarded because no proof is required, beyond the actual fact

of their existence, to establish the nuisance. Where the law expressly declares something a nuisance, then no inquiry beyond its existence need be made and in this sense its mere existence is said to be a nuisance per se. No ill effects need to be proved. 23. All parties to a nuisance per se, he who creates it and he who maintains it, are

25
26 27

responsible for its effect, without limitations of conditions or time.

28

22
COMPLAINT

1
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

24.

As owner, DEFENDANT was required to maintain its properties free of any and all

nuisance conditions. DEFENDANT neglected this duty in violation of California public nuisance law. 2. 25. California Vacant Foreclosed Property Maintenance Law The legal owner of a vacant residential property acquired through foreclosure is A governmental entity may impose

required to maintain the property. (Civ. Code, § 2929.3(a)(1).)

a civil fine of up to $1,000 per day on the owner for failure to comply, but may not impose fines under both this section and a local ordinance. (Civ, Code, § 2929.3(e).) Failure to maintain means failure to care for the exterior of the property, including, but not limited to: permitting excessive foliage growth, failing to keep the property free of trespassers or squatters, failing to prevent mosquito larvae from growing in standing water or other conditions that create a public nuisance. (Civ. Code, § 2929.3(b).) 26. As owner of vacant residential property acquired through foreclosure, DEFENDANT

US Bank National Association failed to maintain the exterior of vacant residential properties in violation of California Civil Code § 2929.3(a)(I). 3. 27. The Los Angeles Vacant Building Ordinance Unoccupied properties in the City are subject to the Los Angeles Vacant Building

Ordinance ("VBO"), which went into effect on September 30, 1999. (LAMC, § 98.0701 et seq.) A "Vacant Structure" is defined by the VBO as any structure or building that is unoccupied, or occupied by unauthorized persons, and is unsecured or barricaded. (LAMC, § 98.0702.) 28. It is unlawful for the owner of a Vacant Structure to fail to remove any waste,

rubbish, debris, flammable, combustible, or hazardous materials from the interior of the vacant structure. (LAMC, §§ 98.0706 (a) and 91.8904.1.) 29. As owner ofa Vacant Structure, DEFENDANT U.S. Bank National Association

failed to remove any waste, rubbish, debris, flammable, combustible, or hazardous materials from the interior ofa Vacant Structure in violationofLAMC, §§98.0706 (a) and 91.8904.1.

23 COMPLAINT

1
2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

30.

It is unlawful for the owner of a Vacant Structure to fail to remove any waste;

rubbish, debris, excessive vegetation; inoperable vehicles; trailers, appliances, and any other similar materials from the yards surrounding the Vacant Structure. (LAMe, §§ 98.0706 (b) and 91.8904.1.) 31. As ownerofa Vacant Structure, DEFENDANT U.S. Bank National Association

failed to remove waste; rubbish, debris, excessive vegetation, inoperable vehicles, trailers, appliances, and any other similar materials from the yards surrounding the Vacant Structure in violation of LAMe, §§ 98.0706 (b) and 91.8904.1. 32. It is unlawful for the owner of a Vacant Structure to fail to lock, barricade or secure

all doors, windows, damaged walls, roofs, foundations and other openings of the Vacant Structure. (LAMe, §§ (98.0706 (c) and 91.8904.1.) 33. As owner of a Vacant Structure; DEFENDANT U.S. Bank National Association

failed to lock, barricade or secure all doors, windows, damaged walls, roofs, foundations and other openings ofa Vacant Structure in violation of LAMe, §§ 98.0706 (c) and 91.8904.1. 34. It is unlawful for the owner of a Vacant Structure to fail to fence the entire lot

containing the Vacant Structure. (LAMe, §§ 98.0706 (c) and 91.8904.1.) 35. As owner ofa vacant structure, DEFENDANT U.S. Bank National Association failed

to fence the entire lot containing a Vacant Structure in violation of LAMe, §§ 98.0706 (c) and 91.8904.1. 36. The owner of a vacant lot that is open to unauthorized entry is required to secure all

openings by installing a ten-foot-high, chain-link fence complete with lockable gates. (LAMe, § 91.8904.1.) 37. As owner ofa vacant lot, DEFENDANT U.S. Bank National Association failed to

secure all openings accessible for entry and/or failed to properly fence the property in violation of LAMe, § 91.8904.1 38. The owner of a Vacant Structure must post the name, address and telephone number

of both the owner and any agent in control of the property on a Vacant Structure as well as a "No Trespassing" sign. (LAMe, §§ 91.8904.1, 98.0706(e), and 98.0714.)
24 COMPLAINT

1 2 3 4 5 6 7

39.

As owner ofa Vacant Structure, DEFENDANT U.S. Bank National Association (e), and

failed to post a Vacant Structure as required in violation ofLAMC, §§ 91.8904.1,98.0706 98.0714. 40.

The owner of a Vacant Structure must provide the Los Angeles Police Department

with written authorization to arrest trespassers on the property. (LAMC, §§ 41.24 and 98.0706 (f).) 41. As owner of a Vacant Structure, DEFENDANT US Bank National Association failed

to provide written authorization to arrest trespassers in violation of LAMe, §§ 41.24 and 98.0706 (f). 42.

8
9 10 11 12

An owner of a Vacant Structure with a swimming pool must fence the pool and

remove all water from it. (LAMe, § 91.8904.1.) 43. As owner ofa Vacant Structure, DEFENDANT U.S. Bank National Association

failed to fence and remove all water from a swimming pool in violation of LAMe, § 91.8904.1.

13
14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

4.
44.

The Los Angeles Foreclosure Registry Ordinance The Los Angeles Foreclosure Registry Ordinance ("FRO") went into effect on July 8,

2010. The FRO establishes "an abandoned residential property registration program as a mechanism to protect residential neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties as a result of the foreclosure crisis." (LAMe, § 164.01.) The FRO requires that foreclosed properties within the City be registered with the Los Angeles Housing Department. The registrant must provide the name, the street and/or office mailing

address, and a contact name and telephone number for the beneficiary and/or trustee and the local property management company responsible for the security, maintenance and marketing of the property. Said contact persons must be empowered to comply with code enforcement orders issued by the City, provide a trespass authorization to law enforcement authorities if the property is vacant, conduct timely inspections of the property, and accept rental payments from tenants if no management company is otherwise employed for such purpose. 45. As owner, DEFENDANT U.S. Bank National Association failed to register its

properties with the Los Angeles Housing Department in violation ofLAMC, § 164.01.
25

COMPLAINT

1

B.

Legal Duties and Responsibilities Relating to Occupied Properties

2
3 4 5 6 7 8 9 10

1.
46.

The California Health and Safety Code Section 17920.3 of the California Health and Safety Code designates a building as

substandard where any of the following conditions exist ''to an extent that endangers life, limb, health, property, safety or welfare of the public or the occupants": A. Inadequate sanitation, which is defined to include, but is not limited to: lack of hot and cold running water in a dwelling unit (id., subd. (a)(5), lack of adequate heating (id., subd. (a)(6)), lack of or improper operation of required ventilating equipment (id., subd. (a)(7)), dampness of habitable rooms (id., subd. (a)(Il)), and general dilapidation or improper maintenance (id., subd. (a)(13)).

11
12 13 14 15 16 17 18 19 20 21

B. Structural hazards, which are defined to include, but are not limited to, members of
walls, partitions, or other vertical supports that split, lean, list, or buckle due to defective material or deterioration. C. Any nuisance. (Id., subd. (c).) (Id., subd. (b)(4).)

D. Plumbing that does not conform with all applicable laws in effect at the time of
installation, has not been maintained in good condition, or involves cross connections or siphonage between fixtures. (Id., subd. (e).)

E. Faulty weather protection, including, but not limited to: deteriorated or ineffective
waterproofing of exterior walls, roof, foundations or floors, including broken windows or doors (id., subd. (g)(2)), defective or lack of weather protection for exterior wall coverings, including lack of paint or other approved protective covering (id., subd. (g)(3)), and broken, rotted, split or buckled exterior wall coverings or roof coverings (id., subd. (g)( 4)). F. Accumulation of weeds, vegetation, junk, dead organic matter, debris, garbage, offal, rodent harborages, stagnant water, combustible materials and similar materials or conditions constituting fire, health, or safety hazards. (Id., subd. (j).) G. A building or portion thereof that is determined to be unsafe due to inadequate
26 COMPLAINT

22
23 24 25 26 27 28

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 47.

maintenance, in accordance with the latest edition of the Uniform Building Code. (Id., subd. (k).) H. A building or portions thereof not provided with the required adequate exit facilities, except a building or portion thereof whose exit facilities conformed with all applicable laws at the time of their construction and that have been adequately maintained and increased in relation to any increase in occupant load, alteration, or addition, or any change in occupancy. (Id., subd. (1).) I. A building or portion thereof that lacks fire-resistive construction or fireextinguishing systems or equipment required by state law, except a building or portion thereof that conformed with all applicable laws at the time of its construction and whose fire-resistive integrity and fire-extinguishing system or equipment have been adequately maintained and improved in relation to any increase in occupant load, alteration, or addition, or any change in occupancy. (Id., subd. (m).) As owner DEFENDANT U.S. Bank National Association was required to eliminate

and remedy all substandard conditions at the residential properties it owned. DEFENDANT U.S. Bank National Association neglected these duties and responsibilities, in violation of section 17920.3 of the California Health and Safety Code.

18
19 20 21 22 23 24 25 26 27

2.
48.

Statutory Warranty of Habitability Owners and operators of residential properties have a statutory duty to ensure that

their buildings are in a condition fit for human occupation and "for repairing all subsequent dilapidations of the building that render the building untenantable." (Civ. Code, § 1941.) Tenants cannot waive these rights by agreement. 49. A dwelling is deemed "untenantable" if it substantially lacks any of the following: A. Effective waterproofing and weather protection of roof and exterior walls, including unbroken windows and doors; B. Plumbing or gas facilities that conformed to applicable law in effect at the time of installation and that have been maintained in good working order;
27 COMPLAINT

28

1 2 3

. C. A water supply approved under applicable law that is either under the control of the tenant and capable of producing hot and cold running water, or a system that is under the control of the landlord and which produces hot and cold running water connected to a sewage disposal system approved under applicable law; D. Heating facilities that conformed with applicable law at the time of installation and that have been maintained in good working order; E. Electrical lighting, with wiring and electrical equipment that conformed with applicable law at the time of installation and that have been maintained in good working order; F. Building, grounds, and appurtenances at the time of the commencement of the lease or rental agreement in every part maintained as clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin, and all areas under control of the landlord kept in every part maintained as clean, sanitary and free from all accumulations of debris, filth, rubbish, garbage, rodents and vermin; G. An adequate number of appropriate receptacles for garbage and rubbish, in clean condition and good repair at the time of the commencement of the lease or rental agreement, with the landlord providing appropriate serviceable receptacles thereafter and being responsible for the clean condition and good repair of those receptacles under his or her control; and H. Floors, stairways and railings maintained in good repair. (Civ. Code, § 1941.1.) 50.· A dwelling is also deemed untenantable if it is a residential unit that meets the

4
5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

definition of a "substandard building" as set forth in California Health and Safety Code section 17920, or ifit contains leadhazardsas 17920.10. (Civ. Code, § 1941.1.) 51. As owner, DEFENDANT U.S. Bank National Association was required to ensure set forth in California Health and Safety Code section

that its residential buildings were in a condition fit for human occupation and "for repairing all subsequent dilapidations of the building that render the building untenantable."
28

(Civ. Code, § 1941

28

COMPLAINT

1 2 3
4

and Health & Saf. Code, § 17920.) DEFENDANT U.S. Bank National Association neglected these duties and responsibilities, in violation of California Civil Code section 1941. 3. 52. Common Law Warranty of Habitability In addition to the statutory warranty of habitability, a warranty of habitability is

5 6 7 8 9 10 11 12 13 14 15 16 17

implied by law in every residential lease in California. An owner must maintain a dwelling in substantial compliance with those applicable building and housing code standards that materially affects a tenant's health and safety to meet the obligations under the common law implied warranty of habitability. 53. As owner, DEFENDANT U.S. Bank National Association violated the implied

warranty of habitability. 54. Tenants are entitled to monetary damages for breach of the warranty of habitability.

Such damages are generally measured by the difference between the fair rental value of the premises if they had been as warranted, and the fair rental value of the premises as they were during a tenant's occupancy in the unsafe and unsanitary condition in which they were maintained. 55. As owner, DEFENDANT U.S. Bank National Association failed to provide tenants

with monetary damages for breach of the warranty of habitability, in violation of the common law warranty of habitability.

18
19 20 21 22 23 24 25 26 27 28

4.
56.

The Covenant of Quiet Enjoyment There is an implied covenant of quiet enjoyment in every lease in California,

requiring that the tenant shall not be disturbed in his or her possession by the landlord. (Civ. Code, § 1927.) 57. The implied covenant of quiet enjoyment has been expanded beyond the traditional

right of physical possession of the premises to a guarantee of the tenant's beneficial enjoyment of the premises. A landlord is bound to refrain from any action which interrupts a tenant's beneficial enjoyment of the rental property. 58. A constructive eviction occurs when the landlord, by act or omission, renders the

premises unfit for the purposes for which they were leased. Permitting untenantable conditions as 29
COMPLAINT

1 2 3 4 5

defined by Civil Code section 1941.1 to exist amounts to constructive eviction, which is a breach of the tenant's right to quiet enjoyment. 59. Harassment of a tenant by a landlord with the intent of causing the tenant to vacate

the premises also amounts to constructive eviction and breach of the tenant's right to quiet enjoyment. 60. As owner, DEFENDANT U.S. Bank National Association violated the covenant of

6
7 8

quiet enjoyment of its tenants by permitting untenantable conditions to exist at its residential properties.

9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

C

Tenant Protections

1.
61.

Section 8 of the United States Housing Act Section 8 of the United States Housing Act of 1937 ("Section 8") (24 C.F.R. § 982.1

et seq.) is fimded and overseen by the United States Department of Housing and Urban Development ("HDD"). It authorizes the payment of rental housing assistance to private landlords on behalf of extremely low and very low-income individuals, families, senior citizens and persons with disabilities. (42 U.S.C. § 1437f(0)(7).) 62. Section 8 operates through several programs, the largest of which is the Housing

Choice Voucher Program ("Voucher Program"). (42 U.S.C. § 1437 et seq.) Under the Voucher Program, HUD pays rental subsidies to eligible families so that they can afford decent, safe and sanitary housing. (24 C.F.R. § 982.l(a).) 63. The Housing Authority of the City of Los Angeles (",HACLA") is the municipal

agency responsible for the local administration ofHUD programs. HAC LA first implemented the Section 8 Program in 1975, providing rent subsidies in the form of housing assistance payments to private landlords on behalf of eligible families. 64. Pursuant to HACLA requirements, if the tenant consents to the termination of the

lease and moves, the Housing Assistance Payments ("HAP") contract will be terminated. If the owner intends to terminate the lease without the tenant's consent, however, then the tenant must be evicted in accordance with state and local laws.
30 COMPLAINT

1 2 3 4 5 6 7

65.

HACLA also requires that the owner immediately provide HAC LA with a copy of all

eviction documents served on the tenant. HACLA will continue to make rental assistance payments on behalf of the tenant until the HAP contract is terminated until which time, the tenant is required to pay only the amount of rent determined by HACLA. (24 C.F.R. § 982.310.) 66. As owner participating in the Section 8 Program, DEFENDANT U.S. Bank National

Association failed to comply with HACLA's requirements and violated HACLA's Section 8 Program regulations by attempting to evict tenants in violation of state and local laws.

8

2.
67.

The Protecting Tenants at Foreclosure Act The Federal Protecting Tenants at Foreclosure Act ("PTFA") went into effect on

1

°

9

May 20, 2009. The PTF A applies to foreclosure on any "federally related mortgage loan" and protects tenants from eviction by an immediate successor in interest in a foreclosed property. Under the PTF A, a landlord who has acquired a property through foreclosure may not evict tenants on the basis offoreclosure alone. Tenants must be permitted to stay in the residence until the end of their lease agreement, with two exceptions: when the property is sold after foreclosure and the purchaser occupies the residence; or, whenever the tenant has no lease or the lease is terminable under state law. Tenants may only be evicted where allowed by state, local, and federal law and must be provided with at least 90 days' notice prior to eviction. (12 U.S.C. § 5220.) 68. DEFENDANT U.S. Bank National Association violated the PTFA by attempting to

11 12 13 . 14 15 16 17 18 19 20 21 22 23 24 25 26 27

evict tenants in violation of state and local laws and with less than 90 days' notice. 3. 69. The Los Angeles Rent Stabilization Ordinance Multi-writ residential properties in the City with an initial certificate of occupancy

issued prior to October 1, 1978, are subject to the Los Angeles Rent Stabilization Ordinance ("RSO"). (LAMC, § 151.02.) The RSO limits the amount landlords may increase rent each year to between three and five percent, depending on whether the landlord pays for utilities. (LAMC, § 15l.06.) 70. Under the RSO, the rent for a rental unit may be increased without the permission of

the Rent Adjustment Commission if twelve months or more have elapsed since the last such rent
31 COMPLAINT

28

1

increase, and by no more than the allowable annual increase percentage. (LAMC) § 151.06, subd.

2
3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

(D).)
71. Pursuant to the RSO) a landlord may not terminate or fail to renew a rental assistance

contract with HACLA and then demand that the tenant pay rent in excess of the tenant's portion of the rent under the rental assistance contract. (LAMC, § 151.04.) 72. The RSO also restricts the grounds upon which tenants may be evicted. Under the

RSO, tenants may only be evicted: (A) for failure to pay rent; (B) for breach of the lease terms; (C) for committing or permitting a nuisance; (D) for using the premises for an illegal purpose; (E) for refusing to execute a written renewal or extension of an expired lease; (F) for refusing to grant reasonable access to the unit for the purpose of making repairs or improvements; (G) for being a subtenant not approved by the landlord; (H) if the landlord seeks to recover possession for the landlord's personal use and occupancy; (I) for refusing to temporarily relocate or to honor a permanent relocation agreement so that the landlord may undertake Primary Renovation Work; (J) if the landlord seeks to demolish the unit or permanently remove it from rental housing use (as required under the ElIis Act, California Government Code, section 7060 et seq.); (K) if the landlord seeks possession to comply with a governmental agency's order that requires the unit to be vacated; or (L) if the unit is owned by HUD and it seeks to recover possession of the unit prior to selling it. (LAMC, § 151.09.) Foreclosure is not among the lawful grounds for eviction. 73. As owner, DEFENDANT U.S. Bank National Association violated the RSO by

unlawfully increasing rents and unlawfully evicting tenants on grounds other than those enumerated in the RSO. 4. 74. The Los Angeles Foreclosure Eviction Ordinance On December 23,2008, the Los Angeles City Council enacted the Los Angeles

Foreclosure Eviction Ordinance ("FEO") "to prevent the displacement of tenants and the loss of rental units in the City of Los Angeles due to the foreclosure of the property, and to prevent· homelessness and nuisances and blight caused by vacant foreclosed properties." (LAMC, § 49.90.)

The FEO applies to all properties located in the City, including those not regulated under the RSO.
32 COMPLAINT

1 2 3 4 5 6 7

75.

The FEO provides that a landlord obtaining title to rental property through

foreclosure may evict tenants and take possession of the property only for one of the twelve reasons specified in the RSO. It further provides that a landlord must comply with all of the provisions of LAMC section 151.09, including, without limitation, the payment of relocation fees required pursuant to the provisions ofLAMC section 151.09, subdivision (G). (LAMC, § 49.92.) 76. DEFENDANT U.S. Bank National Association violated the FEO by evicting tenants

on grounds other than those enumerated in the FED based on foreclosure.

8 D. 9
10 11 12 13 14 15 16 17 18 19 20 21 22

Other Municipal Laws 1.
77.,

LAMC Zoning Code
The Los Angeles Zoning Code regulates the uses of property within the City,

restricting the activities that may be conducted on residential property, including a prohibition on conducting major automobile repair, the open storage of inoperable automobiles and the parking of automobiles on front yards of residential properties. (LAMC, §§ 12.21.A.8, subd. (a), 12.21, subd. (A)(8)(b) and 12.21, subd. (C)(1)(g).) 78. As owner; DEFENDANT U.S. Bank National Association permitted the repair;

storage and parking of automobiles on the front yards of residential properties in violation of the Los Angeles Zoning Code. 2. 79.

LAMC Building Code
Section 91.1000 of the LAMe adopts, by reference; Chapter 10 of the California

Building Code. Chapter 10 requires, among other things; that: A. Exit doors must be readily openable without the use of a key or special knowledge or effort. (Cal. Code Regs., tit. 24; § 1008.1.9.)

23
24 25

B. Bars; grilles, grates or similar devices must not be placed over emergency escape and
rescue openings if the minimum net clear opening is less than five square feet and such devices are not releasable without the use of a key, tool, special knowledge, or effort or force greater than that which is required for normal operation of the escape and rescue opening. (ld., § 1029.4.)
33 COMPLAINT

26
27 28

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18

80.

Section 9l.900 of the LAMC adopts, by reference, Chapter 9 ofthe California

Building Code, regulating the design, installation and operation of fire protection systems. Chapter 9 requires, among other things, that: A. Smoke alarms must be installed in residential buildings at all of the following locations: on the ceiling or wall outside of each separate sleeping area in the immediate vicinity of bedrooms, in each room used for sleeping purposes, and in each story within a dwelling unit, including basements. (Cal. Code Regs., tit. 24, § 907.2.11.2.) B. Smoke alarms must receive their primary power from the building wiring and must be equipped with a battery backup, or be connected to an emergency electrical system. Smoke alarms must emit a signal when the batteries are low, and their wiring must be permanent. (Id., § 907.2.11.4.) 81. Section 9l.1200 of the LAMC adopts by reference Chapter 12 of the California

Building Code, which governs the ventilation of interior spaces of buildings. Chapter 12 requires, among other things, that: A. Buildings have natural or mechanical ventilation. (Cal. Code Regs., tit. 24 § 1203.1.) B. Natural ventilation of an occupied space may be through windows, doors, louvers, or other openings to the outdoors, and the operating mechanism for such openings must be readily accessible so that the openings are readily controllable by the building'S occupants. (Id., § 1203.4.) C. The space between the bottom of floor joists and the earth under any building, except. spaces occupied by basements or cellars, have ventilation openings through foundation or exterior walls, and that these openings must be placed so as to provide cross-ventilation of the under-floor space, (Id., § 1203.3.) 82. Section 91.3109 of the LAMe which adopts, by reference, California Building Code

19
20 21 22 23 24 25 26 27 28

§ 3109.4.3 regulates the safety and maintenance of swimming pools requiring that swimming pool enclosures be located so as to prohibit permanent structures, equipment, or similar objects from
34 COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

being used to climb the barriers. Additionally, the recirculation and purification system of any swimming pool, fish pond, or any other body of water that is required to be fenced must be operated and maintained so as to keep the water of reasonable clarity. (LAMC, § 91.8118.) 83. Section 91.3401.2 of the LAMC requires that buildings shall be maintained in a safe

and sanitary condition, and specifies that the owner or the owner's designated agent shall be responsible for such maintenance. 84. (LAMC, § 91.3041.2.)

Section 91.8104 of the LAMC requires that every existing building be maintained in

safe and sanitary condition and good repair, andthat the premises of every existing building be maintained in good repair and free from graffiti, debris, rubbish, garbage, trash, overgrown vegetation, or other similar material. The following maintenance is required in all existing buildings: A. All physical elements must be cleaned, painted, stained, refinished, or restored to a condition as close as reasonably feasible to their originally required and approved state. (LAMC, § 91.8104.1.) B. Interior and exterior wall surfaces must be maintained clean and free from accumulation of debris, rubbish, garbage, trash, overgrown vegetation and other similar material. (Id., § 91.8104.2.) C. Roofs must be waterproof and all gutters must be maintained in working order. (Id., § 91.8104.3.) D. The walls and ceilings of every room must be finished, sealed, coated, painted or covered, and loose wall paper or other surfacing must be removed so as to provide a smooth, clean and sanitary surface. (Id., § 91.8104.4.) E. Doors, windows, cabinets, frames and similar finishes must be finished, sealed, coated, painted, or covered, broken or cracked glass or plastics must be replaced, and tom, worn or broken screens must be repaired, replaced or removed. (Id., § 91.8104.5.1.)

26
27 28

35 COMPLAINT

1

F. Legally required insect screens must not be removed other than for repair or replacement. (Id., § 91.8104.5.2.) G. Floors and floor covering must be maintained free from defects, holes, loose, worn or missing portions that could present a safety hazard to occupants. (Id., § 91.8104.6.) H. Plumbing fixtures, shower enclosures, wastewater drain lines, water supply lines, counters, drain boards and adjoining wall and floor areas provided to protect against water damage must be kept free of cracks, chips, defects, missing portions, dirt or foreign materials. Leaking drain or supply lines and cracked, chipped, or damaged fixtures must be repaired or replaced. (Id., § 91.8104.7.) I. Broken, loose, frayed, inoperative portions of electric service, lines, switches, outlets, fixtures and fixture coverings must be repaired or replaced, and fixtures, fixture coverings, switches and outlets must be kept free of dirt or foreign materials. (Id., § 9.8104.8.1.)

2
3

4
5 6 7 8

9
10 11 12 13 14 15 16 17 18 19 20 21

J. Flexible cords and cables (extension cords) may not be used as a substitute for fixed
wiring. (Id., § 91.8104.8.2.) K. Plumbing and waste drain lines must be kept clear of blockages that would cause any fixture to overflow. (Id., § 91.8104.9.) L. Water supply lines to kitchen and bathroom fixtures must provide at least one gallon per minute of water flow, of at least 100 degrees Fahrenheit (id., §91.8104.10.1), hot water must be provided to each residential kitchen and bathroom fixture at all times (id., § 91.8104.10.2), and no time clock or other device may be installed to prevent the supply of required hot water at any time. (ld., § 91.8104.10.3.) M. Heating units must be operable and in good repair. (Id., § 91.8104.11.) N. Exterior wall surfaces must be weather tight. (Id., § 9.8104.12.) O. Fences must be straight, uniform and structurally sound, and wooden fences must be painted or sealed to prevent their becoming a nuisance from weathering or deterioration (id., § 91.8104.13.); and,
36 COMPLAINT

22
23 24 25 26 27 28

1
2 3 4 5 85.

P. Exterior walls and fences must be kept free of graffiti visible from a public street or alley (id., § 91.8104.15). As owner, DEFENDANT U.S. Bank National Association failed to maintain these

minimum requirements and failed to abate nuisance, hazardous or substandard residential-conditions at its residential properties, in violation of the California Building Code and the LAMC.

6
7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25

3.
86.

LAMC Electrical Code The Los Angeles Electrical Code provides minimum standards for electrical

installations in the City to reduce fire hazards from electrical causes. (LAMC, § 93.0102.) 87. The installation, operation andlor maintenance of electrical systems or equipment that

do not comply with all applicable provisions of the Electrical Code is prohibited. (LAMC, § 93.0104.) Any person who installs, alters, repairs, uses or maintains electric wiring shall be responsible for compliance with the Electrical Code. (Id., § 93.0314.) Abandoned wiring is

prohibited and the conductors of abandoned or discontinued circuits must be removed from the raceways, or be insulated and maintained in wiring enclosures as ifin use. (Id., § 93.0312.) 88. As owner, DEFENDANT U.S. Bank National Association failed to maintain

electrical systems and equipment to minimum standards to reduce fire hazards in violation of the Los Angeles Electrical Code and LAMC § 93.0104. 4. 89.

LAMC Plumbing Code
Section 94.300.0 of the LAMC adopts, by reference, Chapter 3 of the California

Plumbing Code, which requires that: A. All pipes, pipe fittings, traps, fixtures, material and devices used in a plumbing system shall be free from defects and submitted to the authority having jurisdiction for approval. (California Plumbing Code, § 301.1.1.) B. Vent pipes may not be used as waste pipes, nor vice-versa, and single-stack drainage and venting systems with unvented branch lines are prohibited. (Id., § 311.4.) C. Sewage, human excrement, and other liquid wastes must be disposed of by means of an approved drainage system. (Id., § 303.0.)
37 COMPLAINT

26
27 28

1
2 3 4 5 6 7 8

90.

Section 94.500 ofthe LAMC adopts, by reference, Chapter 5 of the California

Plumbing Code, which governs the construction, location and installation of water heaters. (California Plumbing Code, § 501.0.) Chapter 5 requires that water heaters must be anchored or strapped to resist horizontal displacement due to earthquakes and, if operated by gas, must be connected to venting systems. (Id., §§ 508.2 and 510.2.1.) 91. As owner, DEFENDANT U.S. Bank National Association failed to maintain the

plumbing in its residential buildings free from defects, in violation of the California Plumbing Code and the LAMC.

9
10 11 12

5.
92.

Mechanical Code Section 95.104 of the LAMC adopts, by reference, the California Mechanical Code

§ 104.4. The purpose of the Mechanical Code is to safeguard life, health, property and public welfare by regulating the design, construction,installation, alteration, repair, quality of materials,

13
14 15 16 17 18 19 20

location, operation and maintenance of heating, ventilating, air-conditioning and refrigeration equipment and other miscellaneous heat-producing appliances installed in buildings located within the City. (LAMC, § 95.102.) Generally, mechanical. systems, materials and appurtenances must be

maintained in safe, proper and hazard-free condition, and the owner or owner's designated agent is responsible for such maintenance. 93. As owner, DEFENDANT U.S. Bank National Association failed to maintain

mechanical systems at its properties in safe, proper and hazard-free condition, in violation of the California Mechanical Code and the LAMC.

21
22 23 24 25 26 27 28

E.

County Property Tax Laws
94. All real property is taxable. (Cal. Const., art. XIII, § 1.) Annual taxes on real

property are payable in two installments to the County, with the first half due November 1st of each year. (Rev. & Tax. Code, § 2605.) The second half of real property taxes are due February 1st of

each year, and, if unpaid, are subject to a delinquent penalty often percent attaching to them beginning April 10th. (Id, §§ 2606 and 2618.)

38 COMPLAINT

1 2 3

95.

As owner, DEFENDANT U.S. Bank National Association failed to timely pay

required annual property taxes to the County of Los Angeles in violation of the California Constitution and the California Revenue and Taxation Code. DEFENDANT'S

4 5 A. 6
7 8 9 10 11 12 13 14 15 16 17 18 19 20

LIABILITY

DEFENDANT's Unlawful and Unfair Business Practices
96. Over the past four years, DEFENDANT U.S. Bank National Association in its

individual and representative capacities was repeatedly notified of the unlawful conditions existing at properties it acquired and owned across the country. Community groups and city governments in several jurisdictions contacted DEFENDANT U.S. Bank National Association in its corporate and representative capacities, with the goal of getting DEFENDANT U.S. Bank National Association to improve conditions at its neglected properties. LAHD and the Los Angeles Department of Building and Safety ("LADBS") have repeatedly advised DEFENDANT U.S. Bank National Association of the unlawful conditions existing at the Foreclosed Properties, to no avail. 97. Despite repeated notifications, DEFENDANT U.S. Bank National Association has

failed and continues to fail to abate or ensure the abatement of the unlawful conditions at its Foreclosed Properties. 98. The DEFENDANT U.S. Bank National Association's policy of inaction, combined

with the geographic concentration of its foreclosed properties in already economically disadvantaged neighborhoods within the City, have resulted in decreased property values on such a large scale that neighborhoods have been destabilized and communities harmed.

21 B.
22 23 24 25 26 27

DEFENDANT's Unlawful Practices
99. The following chart details one hundred fifty eight (158) examples of Foreclosed

Properties where DEFENDANT U.S. Bank National Association caused or permitted unlawful conditions to exist, was issued notices ordering that the violations be remedied, and failed to timely remedy the cited violations. 100. A number of the abandoned Foreclosed Properties open to unauthorized entry,

provided as examples below, were boarded, fenced, cleaned and/or had graffiti removed by City
39 COMPLAINT

28

1

contractors due to the hazardous nature of the nuisance conditions present and DEFENDANT U.S.

2 Bank National Association's failure to abate the violations.
3 4 5 6 7 8 9 10 11 12 13 14
U.S. Bank as trustee for MASTR Asset Backed Securities Trust 2006- \¥MC2 1008 East 41st Place In or around May 2007 through in or about August 2009. U.S. Bank as trustee for LXS 2005-05N 643 North Rossmore Avenue U. S. Bank as trustee for Structured Asset Investment Loan Trust (series unidentified) U.S. Bank as trustee for Structured Asset Securities Corporation Mortgage PassThrough Certificates, Series 2006-BC2 1562 West 226th Street In or around January 2007 through in or about January 2009.

DEFENDANT

PROPERTY ADDRESS

PERIOD OF OWNERSHIP

UNLAWFUL CONDITIONS MAINTAINED BY DEFENDANT
Substandard conditions including, among others, (A) damp room conditions and (B) the presence of mold. Substandard conditions including, among others, the unapproved use of the building or structure without a valid Certificate of Occupancy. Abandoned structure open to unauthorized entry and other substandard conditions. Substandard conditions including, among others, (A) unsafe and unsanitary deteriorated floor covering and (B) defective and damaged leaking faucets and valves. Substandard conditions including, among others, (A) lack of required maintenance to building, structure, and premises and (B) lack of required stairway railing. Substandard conditions including, among others, (A) lack of hot water and (B) unsafe, unsanitary and deteriorated flooring. Abandoned structure open to unauthorized entry and other substandard conditions. Substandard conditions including, among others, (A) lack of required weatherproofing of exposed surfaces; and (B) missing front cover at electrical panel. Abandoned structure open to unauthorized entry and other substandard conditions.

925 North Virgil Avenue

In or around April 2007 through in or about January 2009.

In or around May 2007 through in or about June 2009.

15
16 17 18 19 20 21
U.S. Bank as trustee for Structured Asset Investment Loan Trust, 2006-BNCl 148 East 79th Street U.S. Bank as trustee for Doe 1, Series 2006-HEI 1547 West 11th Street In or around July 2007 through in or about May 2009. In or around July 2007 through in or about June 2009. U.S. Bank as trustee for Harborview 2006-4 1341 West 51st Place In or around June 2007 through in or about December 2009.

22
23 24
U.S. Bank as trustee for Doe 2 3573 West Florence Avenue

In or around August 2007
through in or about February 2010.

25
26 27
U.S. Bank as trustee for Doe 3

10972 South Hickory Street

In or around August 2007 through in or about January 2009.

28

40

COMPLAINT

1

2
3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19

DEFENDANT

PROPERTY ADDRESS

PERIOD OF OWNERSHIP

UNLAWFUL CONDITIONS MAINTAINED BY DEFENDANT Substandard conditions including, among others, (A) damp room conditions and (B) defective and deteriorated wall covering. Abandoned structure open to unauthorized entry and other substandard conditions. Abandoned structure with substandard conditions including, among others, (A) excessive and overgrown vegetation on the premises and (B) unsanitary accumulation of rubbish, trash and debris. Abandoned structure open to unauthorized entry and other substandard conditions.

U.S. Bank as trustee for CBASS Mortgage Loan Asset Backed Certificates, Series 2006-CBS U.S. Bank as trustee for LXS 2005-7N

237 East 103rd Street

In or around September 2007 through in or about
February 2009. In or around September 2007 through in or about October 2009.

4502 West Olympic Boulevard

U.S. Bank as trustee for Doe 4

9210 South Figueroa Street

In or around September 2007 through in or about February 2009.

U.S. Bank as trustee for MASTR Asset Backed Securities Trust 2006-NC2 U.S: Bank as trustee for Structured Asset Securities Corporation Mortgage PassThrough Certificates, Series 2006-BC4 U.S. Bank as trustee for Structured Asset Securities Corporation Mortgage PassThrough Certificates, 2006EQI U.S. Bank as trustee for Bear Steams Asset Backed Securities I LLC, Asset Backed Securities, Series 2005-AC9 U.S. Bank as trustee for MASTR Asset Backed Securities Trust 2006-NC3 U.S. Bank as trustee for CSAB Mortgage Backed Pass-Through Certificates, 2006-2 U.S. Bank as trustee for MASTR Asset Securities Trust 2007-HEl

5709 Hooper Avenue

In or around November 2007 through in or about September 2009.
In or around December 2007 through in or about July 200S.

9308 South Main Street

Abandoned structure open to unauthorized entry and other substandard conditions. Substandard conditions including, among others, lack of require maintenance to building; structure and premises. Substandard conditions including, among others, (A) lack of hot water and (B) leaking water. Substandard conditions including, among others, (A) illegal occupancy and (B) unpermitted construction. Substandard conditions including, among others, (A) defective foundation vent screening and (B) damaged deck surface material. Substandard conditions including, among others, (A) exposed wiring and (B) defective, unsafe and inoperative plumbing system.

12745 North De Santis Avenue

In or around December 2007 through in or about April 2009.

7002 Hazeltine Avenue

In or around December 2007 through in or about Apri12009.

20
21

22
23 24 25

15430 West Parthenia Street

In or around December
2007 through in or about September 2009. In or around January 2008 through in or about July 2009. In or around February 2008 through in or about June 2010.

223 West 90th Street

26
27

1408 South Burlington Avenue

28

41 COMPLAINT

1 2 3
4 5
DEFENDANT PROPERTY ADDRESS PERIOD OF OWNERSHIP

UNLAWFUL CONDITIONS MAINTAINED BY DEFENDANT Abandoned structure open to unauthorized entry and other substandard conditions. Substandard conditions including, among others, (A) unapproved . security bars obstructing emergency egress and (B) lack of required water heater strapping and anchorage. Substandard conditions including, among others, (A) unapproved exit door latch and (B) unapproved unit. Substandard conditions including, among others, (A) damp room condition and (B) buckled, split, decayed exterior walls. Abandoned structure open to unauthorized entry and other substandard conditions. Abandoned structure with substandard conditions including, among others, (A) excessive and overgrown vegetation on the premises and (B) rubbish, garbage, trash and debris on the premises. Substandard conditions including, among others, (A) unpermitted electrical work and (B) deteriorated and falling, water damaged ceiling plaster. SUbstandard conditions including, among others, (A) exposed wiring and (B) damp room conditions. Substandard conditions including, among others, (A) chipped and damaged plumbing fixture surface and (8) unapproved heating system.

U.S. Bank as trustee for Citigroup Mortgage Loan Trust, Inc., Mortgage Pass-Through Certificates, Series 2007-ARl

5955 North Corbin Avenue

In or around February 2008 through in or about March 2009.

6
7 8

U.S. Bank as trustee for Harborview 2006-4 Trust Fund

602 North Wilton Place

In or around February 2008 through in or about April 2010.

9
10 11 12 13 14

U.S. Bank as trustee for JPALT 2006-5

12806 West Oxnard Street

In or around February 2008 through in or about January 20U. In or around March 2008 through in or about February 2009.

U.S. Bank as trustee for JPMorgan Investment Bank, JPMMAC 2005-FLDI U.S. Bank as trustee for Structured Asset Investment Loan Trust, 2006-BNC3

531 West 48th Street

In or around March 2008
732 West 97th Street through in or about November 2009.

15
16
U.S. Bank as trustee for Structured Asset Securities Corporation Trust 2005- WF3 19525 West Bassett Street

In or around March 2008
through in or about December 2008.

17 18
19

20
21

U.S. Bank as trustee for First Franklin Mortgage Loan Trust 2006-FF12

716 South Bonnie Brae

In or around March 2008 through in or about September 2009

22 23
24 25

U.S. Bank as trustee for Structured Investment Loan Trust 2006-BNC2 U.S. Bank as trustee for SG Mortgage Securities Asset Backed Certificates, Series 2006-FRE2

517 West 79th Street

In or around April 2008 through in or around April 2011.

1653 South 5th Avenue

In or around April 2008 .
through in or about September 2009.

26
27

28

42 COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16
U.S. Bank as trustee for Structured Assets Mortgage Investments II Inc., Bear Steams ALT -A Trust Mortgage Pass- Through Certificates, . Series 2006-3P U.S. Bank as trustee for Bear Stearns Asset Backed Securities I Trust 2006- IM 1 In or around April 2008 through in or about June 2009. DEFENDANT U.S. Bank as trustee for Structured Asset Securities Corporation Structured Asset Investment Loan Trust Mortgage Pass-Through Certificates, Series 2005-HEI as trustee for MASTR Asset Backed Securities Trust 2006-HE5 PROPERTY ADDRESS PERIOD OF OWNERSHIP

UNLAWFUL CONDITIONS MAINTAINED BY DEFENDANT Substandard conditions including, among others, (A) unpermitted plumbing work and (B) unapproved unit. Substandard conditions including, among others, (A) unapproved gas appliance venting system and (B) defective, missing and inoperable smoke detector. Substandard conditions including, among others, (A) unapproved exit door latch and (B) defective and deteriorated wall covering. Substandard conditions including, . among others, unpermitted construction. Abandoned structure open to unauthorized entry and other substandard conditions. Abandoned structure open to unauthorized entry and other substandard conditions. Substandard conditions including, among others, (A) sewage leaking into unit and (B) defective, missing, and inoperative smoke detectors. Substandard conditions including, among others, (A) open waste line and (B) missing and broken water shut-off valve handles. Substandard conditions including, among others, (A) defective plumbing trap, trap arm, and tailpiece and (B) broken, deteriorated and missing window glass.

14646 Erwin Street

In or around April 2008 through the present.

u.s. Bank

2606 North Vallejo Street

In or around April 2008 through the present.

401 East 83rd Street

1422 South Carmona Avenue

In or around April 2008 through in or about October 2009. In or around April 2008 through in or about October 2009. In or around April 2008 through in or about February 2009. In or around May 2008 through in or about January 2010. In or around May 2008 through in or about July 2009.

U.S. Bank as trustee for BNe Mortgage Loan Trust 2006-2 U.S. Bank as trustee for Lehman Brothers Structured Asset Investment Loan Trust SAIL 2006-BNC2 U.S. Bank as trustee for Citigroup Mortgage Loan Trust, Asset Backed Pass-Through Certificates, Series 2006-AMCI U.S. Bank as trustee for Structured Asset Investment Loans Trust 2005-9 U.S. Bank as trustee for Citigroup Mortgage Loan Trust Inc., Asset Backed PassThrough Certificates, Series 2007-AHL2

10424 Lou Dillon Avenue

17
18

8047 North Louise Avenue

19

5700 South 3rd Avenue

20
21 22 23 24

901 West 81st Street

236 South Columbia Avenue

In or around May 2008 through in or about April 2011.

25

26
27

28

43 COMPLAINT

1

2
3 4 5

DEFENDANT

PROPERTY ADDRESS

PERIOD OF OWNERSHIP

UNLAWFUL CONDITIONS MAINTAINED BY DEFENDANT Substandard conditions including, among others, (A) maintaining a nuisance condition and (B) lack of required maintenance of building, structure, and premises. Abandoned structure open to unauthorized entry and other substandard conditions. Substandard conditions including, among others, (A) use of extension cords for permanent wiring and (B) structurally unsound and deteriorated fence. Abandoned structure open to unauthorized entry and other substandard conditions. Abandoned structure with substandard conditions including, among others, improperly operated and maintained swimming pool with unclean water. Substandard conditions including, among others, (A) unapproved unit and (B) unapproved conversion of garage to dwelling space. Abandoned structure open to unauthorized entry and other substandard conditions. Substandard conditions including, among others, (A) hazardous electrical wiring and (B) unapproved occupancy. Substandard conditions including, . among others, (A) unapproved unit and (B) unapproved conversion of garage to dwelling space. Abandoned structure open to unauthorized entry and other substandard conditions.

U.S. Bank as trustee for MASTR Asset Backed Securities Trust 2007-HEl

4313 South Crocker Street

In or around June 2008 through the present.

6 7 8
9

U.S. Bank as trustee for Structured Investment Loan Trust, 2006-2

6300 East Monterey Road

In or around June 2008 through in or about June 2009.

U.S. Bank as trustee for CSAB Mortgage Backed Pass-Through Certificates, Series 2006-3

6321 South Hoover Street

In or around June 2008 through in or about May 2010.

10
11 12 13 14
U.S. Bank as trustee for MASTR Asset Backed Securities Trust 2006-HE5 621 East 83rd Street In or around June 2008 through in or about July 2009.

U.S. Bank as trustee for Structured Asset Investment Loan Trust, 2005-HE3

8116 North Laramie Avenue

In or around June 2008 through in or about March 2009.

15 16
17
U.S. Bank as trustee for Structured Asset Investment Loan Trust, 2006-BNC2 U.S. Bank as trustee for First Franklin Financial Loan Trust, Mortgage Pass-Through Certificates, Series 2006-FF2 U.S. Bank as trustee for Lehman Brothers Structured Asset Investment Loan Trust SAIL 2006-3 U.S. Bank as trustee for Asset Backed Securities Corporation Home Equity Loan Trust, Series AMQ 2006-HE7 U.S. Bank as trustee for Citigroup Mortgage Loan Trust 2007-AMC2 8312 South San Pedro Street In or around June 2008 through in or about September 2009.

18 19 20 21

13521 North Norris Avenue

In or around July 2008 through in or about April 2010. In or around July 2008 through in or about May 2009.

419 West l03rd Street

22
23 24 25

837 West 50th Street

In or around July 2008 through in or about May 2009.

26 27
28

219 North Grand Avenue

In or around July 2008 through in or about February 2009.

44 COMPLAINT

1 2 3 4
U.S. Bank as trustee for JPMAC 2006-H3 U.S. Bank as trustee for Lehman Brothers Structured Asset Investment Loan Trust SAIL 2005-6 U.S. Bank as trustee for Lehman Brothers Structured Asset Securities Corporation SASCO 2006-BC6 835 East 109th Street In or around August 2008 through in or about April 2009. In or around August 2008 through in or about September 2010. DEFENDANT PROPERTY ADDRESS PERIOD OF OWNERSHIP

UNLAWFUL CONDITIONS MAINTAINED BY DEFENDANT Abandoned structure open to unauthorized entry and other substandard conditions. Substandard conditions including, among others, (A) unpermitted construction and (B) unpermitted plumbing work. Substandard conditions including, among others, (A) inoperative, defective and unapproved electrical receptacles and (B) buckled, split and decayed exterior walls. Abandoned structure with substandard conditions including, among others, (A) inadequate pool enclosure and (B) accumulated debris, dead organic matter. garbage, rat harborages, stagnant water and combustible materials. Abandoned structure open to unauthorized entry and other substandard conditions.

5 6
7
145 South Dacotah Street

8
9 10 11 12 13 14 15
16 17

1917 West 73rd Street

In or around August 2008

through in or about May 2009.

U. S. Bank as trustee for JP Morgan Alternative Loan Trust 2006-A6

18309 West Keswick Street

In or around September 2008 through in or about June 2010.

U.S. Bank as trustee for Asset Backed Pass-Through Certificates, Series RFC 2007HEI U.S. Bank as trustee for JPMorgan Acquisition Corporation 2005-FREl

13240 West Aztec Street

In or around September 2008 through in or about March 2009. In or around September 2008 through in the present.

18 19 20 21 22

3503 South Cimarron Street

Substandard conditions including lack of approved water supply. Substandard conditions including, among others, (A) lack of required structural support and (B) lack of required fire separation between garage and dwelling, Substandard conditions including, among others, (A) lack of .required off-street parking and (B) unpermitted construction. Substandard conditions including, among others, (A) damp room conditions and (B) loose plumbing fixture.

U.S. Bank as trustee for LXS 2007-4N Trust Fund

2129 Scott Avenue

In or around September 2008 through in or about June 2009.

23
24

U.S. Bank as trustee for Lehman Brothers Structured Asset Securities Corporation SASCO 2007-BNCl U.S. Bank as trustee for Structured Asset Securities Corporation Trust 2007-EQI

2860 South Holt Avenue

In or around September

2008 through in or about June 2009. In or around September 2008 through in or about November 2009.

25
26

2518 East Chelsea Street

27

28

45 COMPLAINT

1 2 3 4
U. S. Bank as trustee for MASTR Adjustable Rate Mortgages Trust 2007·2 5152 North Lindley Avenue In or around October 2008 through in or about August 2009. DEFENDANT PROPERTY ADDRESS PERIOD OF OWNERSHIP

UNLAWFUL CONDITIONS MAINTAINED BY DEFENDANT Abandoned structure with substandard conditions including, among others, (A) improperly operated and maintained swimming pool with unclean water and (B) accumulated rubbish, garbage, and debris. Substandard conditions including, among others, (A) hazardous electrical receptacles and (B) broken, deteriorated and missing window glass. Substandard conditions including, among others, (A) decayed, dryrotted and termite-damaged wood and (B) damaged and missing electrical conduit. Abandoned structure open to unauthorized entry and other substandard conditions. Substandard conditions including, among others, (A) missing electrical receptacle covers and (B) defective and deteriorated wall covering. Abandoned structure open to unauthorized entry and other substandard conditions. Substandard conditions including, among others, (A) defective and improperly installed lighting fixtures and (B) open waste line. Substandard conditions including, among others, (A) deteriorated roofing material and (B) broken stairs at rear of building. Substandard conditions including, among others, (A) unapproved conversion of garage to dwelling space and (B) unapproved occupancy. Abandoned structure with substandard conditions including, among others, excessive and overgrown vegetation.

5 6
7 8 9 10 11

U.S. Bank as trustee for MASTR Adjustable Rate Mortgages Trust 2007-HF2

4915 South 2nd Avenue

In or around October 2008 through in or about June 2010.

U.S. Bank as trustee for Structured Asset Securities Corporation Trust 2007·GEL2 U.S. Bank as trustee for Structured Asset Securities Corporation Mortgage PassThrough Certificates, Series 2006-BC5 U.S. Bank as trustee for MASTR Asset Backed Securities Trust 2006-HE4 U.S. Bank as trustee for Asset Backed Securities Corporation Home Equity Loan Trust, Series MO 2006-H£6 U. S. Bank as trustee for Adjustable Rate Mortgage Trust 2007-1 U.S. Bank as trustee for Adjustable Rate Mortgage Trust 2007-3 U. S. Bank as trustee for Citigroup Mortgage Loan Trust Inc., Asset Backed PassThrough Certificates, Series 2007-AMC4 U.S. Bank as trustee for Bane [sic] of America Funding Corporation Mortgage PassThrough Certificates, Series 2006-H

216 West 47th Street

In or around October 2008 through in or about December 2009.

12
13 14 15 16 17 18 19

146 East 89th Street

In or around November 2008 through in or about February 2010.

1651 West Gage Avenue

In or around November 2008 through in or about April 201 1.

3029 North Eva Terrace

In or around November 2008 through in or about September 2009.

20 21
22 23 24 25

12739 North Bradley Avenue

In or around November 2008 through the present.

715 South Saint Louis Street

In or around November 2008 through in or around May 2011.

9200 North Haddon Avenue

In or around November 2008 through in or about July 2009.

26
27

2803 South Victoria Avenue

In or around November 2008 through in or about August 2009.

28

46 COMPLAINT

1 2 3 4 5
DEFENDANT PROPERTY ADDRESS PERIOD OF OWNERSHW

UNLAWFUL CONDITIONS MAINTAINED BY DEFENDANT Substandard conditions including, among others, (A) damp room condition and (B) inoperative, defective and unapproved electrical receptacles. Substandard conditions including, among others, (A) damp room condition and (B) exposed wiring. Substandard conditions including, among others, (A) unsafe and unsanitary deteriorated floor covering and (B) chipped and damaged plumbing fixture surface. Substandard conditions including, among others, (A) amp room condition and (B) unsafe and unsanitary deteriorated floor covering. Substandard conditions including, among others, (A) defective, damaged, broken, and inoperative windows and (B) water leak at roof. Substandard conditions including, among others, (A) broken, deteriorated and missing window glass and (B) loose plumbing fixture. Abandoned structure with substandard conditions including, among others, (A) unapproved construction and (B) unapproved conversion of garage to dwelling space. Substandard conditions including, among others, (A) decayed, dryrotted and termite-damaged wood and (B) lack of operable emergency egress doors. Substandard conditions including. among others, (A) unsafe or unsanitary accumulation of debris and (B) decayed, dry rotted, termite damage wood

U.S. Bank as trustee for Bear Stearns ARM Trust, Mortgage Pass-Through Certificates, Series 2005-1 U.S. Bank as trustee for Structured Asset Securities Corporation Structured Asset Investment Loan Trust, Series 2006-BC4 U.S. Bank as trustee for Structured Asset Investment Loan Trust, 2006-3

6118 West Homer Street

In or around November 2008 through in or about February 2010.

6
7 8

1159 East 33rd Street

In or around December 2008 through in or about May 2010.

9
10 11 12 13 14 15

527 South Bernal Avenue

In or around December 2008 through in or about March 2010.

U.S. Bank as trustee for Terwin Mortgage Trust 2006-3, Asset Backed Certificates, Series 2006-3 U.S. Bank as trustee for Structured Asset Investment Loan Trust, 2006-1 U.S. Bank as trustee for Citigroup Mortgage Loan Trust Inc., Asset Backed PassThrough Certificates, Series 2007-AMC4 U.S. Bank as trustee for MASTR Asset Backed Securities Trust 2007-WMCI

4507 West Rosewood Avenue

In or around January 2009
through in or about December 2009.

6742 North Beck Avenue

In or around January 2009 through in or about November 2010 ..

16
17 18 19

847 West 41st Drive

In or around January 2009 through in or about May 2010.

20
21

11505 North Fellows Avenue

In or around January 2009 through in or about October 2009.

22
23 24 25

U.S. Bank as trustee for Structured Asset Investment Loan Trust 2005-3

653 West 99th Street

In or around February 2009 through the present.

u.S. Bank as trustee for RAMP 2006-NC2

1512 East 106th Street

In or around February 2009 through in or around September 2009.

26
27

28

47 COMPLAINT

1

2
3 4 5

DEFENDANT

PROPERTY ADDRESS

PERIOD OF OWNERSHIP

UNLAWFUL CONDITIONS MAINTAINED BY DEFENDANT Substandard conditions including, among others, (A) lack of required over current protection and (B) defective, missing, and inoperable smoke detectors. Abandoned structure open to unauthorized entry and other substandard conditions. Abandoned structure with substandard conditions including, among others, (A) accumulated rubbish, trash and debris and (B) 0l~en storage. Substandard conditions including, among others, (A) failure to maintain required bathroom ventilation and (B) unapproved gas appliance venting; system. Substandard conditions including, among others, (A) extensive plumbing leaks in the crawl space under the building and (B) defective and missing insect screens. Substandard conditions including, among others, (A) lack of maintenance of building and premises and (B) unpermitted construction. Substandard conditions including, among others, (A) accumulated rubbish, trash and debris and (B) open storage. Abandoned structure with substandard conditions including, among others, (A) improperly operated and maintained swimming pool with unclean water and (B) accumulated rubbish, trash and debris. Substandard conditions including, among others, (A) missing handrail or guardrail and (B) defective electrical service.

U.S. Bank as trustee for JP Morgan Acquisition Corporation 2005-FRE 1

1261 North Island Avenue

In or around February 2009 through the present.

6
U.S. Bank as trustee for Doe 5

7 8 9 10 11 12 13 14 15 16
U.S. Bank as trustee for :MASTR Asset Securities Trust 2006-WMC3 U.S. Bank as trustee for First Franklin Mortgage Loan Trust 2006-FF14

10334 South Juniper Street

In or around April 2008
through in or about February 2009.

20552 West Acre Street

In or around April 2009
through in or about April 2010.

2008 East Hollenbeck Drive

In or around April 2009 through in Of about January 2010.

U.S. Bank as trustee for W AMU Mortgage PassThrough Certificate for WMALT 2007-0A2

737 North Heliotrope Drive

In or around April 2009 through in or about May 2010.

17
18

U.S. Bank as trustee for BNC Mortgage Loan Trust 2006-2

525 West 1Ilth Street

In or around May 2009 through in or about November 2010.

19

U.S. Bank as trustee for :MASTR Asset Backed Securities Trust 2007-WMCI U.S. Bank as trustee for Structured Asset Securities Corporation Structured Asset Investment Loan Trust Mortgage Pass Through Certificates, Series 2005-11 U.S. Bank as trustee for Structured Asset Investment Loan Trust Mortgage PassThrough Certificates, Series 2006-2

3152 East Folsom Street

In or around May 2009 through in or around June 2012.

20
21

22
23

8755 North Matilija Avenue

In or around May 2009
through in or about December 2010.

24 25

421 West 56th Street

In or around May 2009 through in or about March 2011.

26
27 28

48 COMPLAINT

1
2 3 4 5
U.S. Bank as trustee for Structured Asset Investment Loan Trust, 2006-3 8923 South Menlo Avenue In or around May 2009 through the present. DEFENDANT PROPERTY ADDRESS PERIOD OF OWNERSHIP

UNLAWFUL CONDITIONS MAINTAINED BY DEFENDANT Substandardconditions including, among others, CA)hazardous electrical wiring and (B) hazardous plumbing. Abandoned structure with substandard conditions including, among others, CA)unapproved electrical work and (B) unapproved plumbing work. Abandoned structure with substandard conditions including, among others, (A) accumulated rubbish, trash and debris and (B) open storage. Substandard conditions including, among others, (A) defective, missing and inoperable smoke detectors and (B) unapproved gas appliance venting system. Abandoned structure with substandard conditions including (A) failure to maintain pool water clarity and (B) pool enclosure not constructed to code. Substandard conditions including, among others, (A) open waste line and (B) defective and improperly installed lighting fixtures. Abandoned structure open to unauthorized entry and other substandard conditions. Substandard conditions including, among others, CA)unsafe and unsanitary accumulation of debris and (B) defective foundation vent screening. Substandard conditions including, among others, (A) lack of maintenance of building and premises and (B) overgrown vegetation. Substandard conditions including, among others, CA)defective and deteriorated drywall and (B) lack of required landscape irrigation.

6
7 8 9 10 11 12 13 14 15 16 17

U.S. Bank as trustee for CSFB ARMT2006-3

5910 East Echo Street

In or around May 2009 through in or about January 2010.
In or around May 2009 through in or about March 2010.

U.S. Bank as trustee for Structured Asset Investment Loan Trust, 2006-3 U.S. Bank as trustee for WAMU Mortgage PassThrough Certificates for WMALT 2007-0A3 u.S. Bank as trustee for Citigroup Mortgage Loan Trust Inc., Mortgage Pass-Through, Series 2007-AR2

8144 North Lorna Verde Avenue

1435 East 48th Street

In or around June 2009 through in or about May 2010.

9809 West Melinda Drive

In or around June 2009 through the present.

U.S. Bank as trustee for Doe 7

514 West 59th Street

In or around July 2009 through the present.

18 19
20 21 22 23 24

U.s. Bank as trustee for MASTR Asset Backed Securities Trust 2006- HE4

1768 South Hayworth Avenue

In or around July 2009 through in or about July 2010.
In or around August 2009

U.S. Bank as trustee for BAFC 2007-A U.S. Bank as trustee for WAMU Mortgage PassThrough Certificate for WMALT 2006-AR4 u.S. Bank as trustee for MASTR Asset Backed Securities Trust 2006-HE4

514 West 62nd Street

through in or around April 2012.
In or around August 2009

742 East 84th Street

through in or about July 2010.

25
26 27 28

1349 West 49th Street

In or around August 2009 through the present.

49 COMPLAINT

1

2
3 4 5 6 7 8

DEFENDANT

PROPERTY ADDRESS

PERIOD OF OWNERSHJY

UNLAWFUL CONDITIONS MAINTAINED BY DEFENDANT
Substandard conditions including, among others, (A) unapproved occupancy and (B) lack of required maintenance of building and _premises. Substandard conditions including, among others, (A) failure to provide access for inspection and (B) lack of required weatherproofing of exposed surfaces. Abandoned structure with substandard conditions including, among others, excessive and overgrown vegetation on the premises. Substandard conditions including, among others, (A) hazardous electrical wiring and (B) hazardous plumbing. Abandoned structure with substandard conditions including, among others, improperly operated and maintained swimming pool with unclean water. Substandard conditions including, among others, (A) defective under floor supports and (B) damp room condition. Substandard conditions including, among others, (A) open waste line and (B) defective and deteriorated wall covering. Substandard conditions including, among others, (A) unapproved gas appliance venting system and (B) unsafe and unsanitary deteriorated floor covering. Abandoned structure with substandard conditions including, among others, (A) rubbish, trash and debris on the premises and (B) open storage of inoperable vehicles.

U.S. Bank as trustee for LXS 2006-10N Trust Fund

5311 South 7th Avenue

In or around September 2009 through the present.

U.S. Bank as trustee for Bear Stearns ARM Trust Mortgage Pass-Through Certificates, Series 2005-2006

255 East 49th Street

In or around September 2009 through the present.

9
10 11 12

U.S. Bank as trustee for SARM 2005-3

7235 North Katherine Avenue

In or around October 2009 through in or about September 2010.

U.S. Bank as trustee for CMLTI Asset Backed Pass-Through Certificates, Series 2007-AMC3

3732 South Ruthelen Street

In or around October 2009 through in or about March 2011.

13
14 15 16 17 18 19 20 21
U.S. Bank as trustee for LXS 2007-7N 4621 West Pickford Street U.S. Bank as trustee for GSAA Home Equity Trust 2007-1 1645 West 89th Street In or around November 2009 through the present. U.S. Bank as trustee for MASTR Asset Backed Securities Trust 2006-HE4 4416 South 6th Avenue U.S. Bank as trustee for Lehman XS Trust Mortgage Pass-Through. Certificates, Series 2005-9N 17000 West Cantara Street In or around October 2009 throughin or about June 2010.

In or around October 2009 through in or about May 2011.

22 23
24

In or around November 2009 through the present

U.S. Bank as trustee for Home Equity Asset Trust 2005-9

13147 North Gladstone Avenue

In or around November 2009 through the present.

25 26 27

28

50

COMPLAINT

1 2 3 4
U.S. Bank as trustee for LSX 2006-2N Trust Fund 3990 South Normandie Avenue In or around November 2009 through in or about October 2010. In or around November 2009 through in or about November 2010. In or around December 2009 through in or around April 2012. DEFENDANT PROPERTY ADDRESS PERIOD OF OWNERSHIP

UNLAWFUL CONDITIONS MAINTAINED BY DEFENDANT Substandard conditions including, among others, (A) deteriorated roofmg material and (B) defective, missing and inoperative smoke detectors. Substandard conditions including, among others, (A) defective and deteriorated drywall and (B) defective, damaged, broken, and inoperative doors. Substandard conditions including, among others, (A) open and abandoned gas piping outlet and (B) exposed wiring. Substandard conditions including, among others, (A) defective, damaged, broken and inoperative doors and (B) broken, deteriorated, and missing window glass. Abandoned structure open to unauthorized entry and other substandard conditions. Substandard conditions including, among others, (A) unsafe and unsanitary deteriorated floor covering and (B) defective plumbing trap arm, and taifuiece. Substandard conditions including, among others, (A) unapproved conversion of garage to dwelling unit and (B) unpermitted plumbing work. Substandard conditions including, among others, (A) unapproved conversion of garage to dwelling unit and (B) unpermitted construction. Abandoned structure open to unauthorized entry and other substandard conditions. Substandard conditions including, among others, unpermitted and unapproved construction.

5
6 7
U.S. Bank as trustee for Terwin Mortgage Trust 2006-7, Asset Backed Certificates 3514 South 7th Avenue

8
9
U. S. Bank as trustee for

Harborview 2006-1 Trust Fund

1126 South Lake Street

10 11 12
13
U.S. Bank as trustee for MASTR Adjustable Rate Mortgages Trust 2007-3 U.S. Bank as trustee for Asset Backed Securities Corporation Home Equity Loan Trust, Series MO 2006-HE6 U.S. Bank as trustee for MLMI Trust Series 2006-RM2 1027 North Mark Street In or around December 2009 through the present.

14 15
16

3971 North Murietta Avenue

In or around January 2010 through the present.

786 East 41st Street

17 18
19

In or around February 2010 through the present.

U.S. Bank as trustee for Citigroup Mortgage Loan Trust 2006-WFHE4

909 South Fedora Street

In or around March 2010 through the present.

20
21 22
u.S. Bank as trustee for LXS . 2007-16N Trust Fund U.S. Bank as trustee for Asset Backed Funding Corporation Asset Backed Certificates, Series 2007-WMCI U.S. Bank as trustee for LXS 2007-2N 1234 South Manhattan Place In or around April 20 10 through the present.

23 24 25 26
27 28

2132 West Fargo Street

In or around April 2010 through in or around May 2012.

1618 East 27th Street

In or around May 2010 through the present.

51 COMPLAINT

1 2 3 4 5 6 7 8
U.S. Bank as trustee for Harborview 2006-1 Trust Fund 1800 West 4th Street In or around May 2010 through the present. U~S. Bank as trustee for LXS 2006-J2N 1720 South Union Avenue In or around May 2010 through in or about March 2011.

DEFENDANT

PROPERTY ADDRESS

PERIOD OF OWNERSHIP

UNLAWFUL CONDITIONS MAINTAINED BY DEFENDANT
Substandard conditions including, among others, (A) defective foundation vent screening and (B) unapproved heating system. Substandard conditions including, among others, (A) vermin infestation and (B) hazardous electrical receptacles. Substandard conditions including, among others, (A) unapproved conversion of storage shed without required permits and (B) unapproved construction of roof cover without required permits. Substandard conditions including (A) unapproved construction without the required permits and (B) failure to maintain and repair existing building. Abandoned structure with substandard conditions including (A) failure to maintain pool water clarity and (B) rubbish, garbage, trash and debris on property. Substandard conditions including, among others, (A) defective, unsafe or inoperative plumbing system and (B) buckled, split or decayed exterior walls, lack of required weatherproof mg. Abandoned structure with substandard conditions including, among others, (A) rubbish, garbage, trash and debris on the premises and (B) excessive or overgrown vegetation on premises. Substandard conditions including, among others, (A) unapproved occupancy and (B) unpermitted construction. Substandard conditions including, among others, (A) defective, damaged, broken and inoperative windows and (B) vermin infestation.

9
10 11 12 13 14 15 16 17 18 19 20 21 22 23
24

U.S. Bank as trustee for SARM 2005-23

1385 West 22nd Street

In or around May 2010 through in or around January 2012.

U.S. Bank as trustee for Bear Stearns Asset Backed Securities I Trust 2006-IMI

1008 North Mark Street

In or around August 2010 through the present.

u.S. Bank as trustee for Mortgage Pass-Through Certificates, Series 2006-AR3

16840 West McCormick Street

In or around August 2010
through in or around November 2011.

U.S. Bank as trustee for Doe 8

327 112 West 70th
Street

In or around August 2010 through the present.

u.S. Bank as trustee for Merrill Lynch Mortgage Investors Trust, Series 2010-NPI

23830 West Van owen Street

In or around August 2010
through the present.

u.S. Bank as trustee for JP Morgan Mortgage Acquisition Trust 2006-NCI

7035 North Claire Avenue

In or around September
2009 through in or around September 2011.

25 26 27

u.s. Bank

as trustee for MARM2007-3

529 North Saint Louis Street

In or around September 2010 through in or around June 2012.

28

52

COMPLAINT

1
'2
DEFENDANT PROPERTY ADDRESS PERIOD OF OWNERSHIP

UNLAWFUL CONDITIONS MAINTAINED BY DEFENDANT

3 4 5 6
U.S. Bank as trustee for Credit Suisse First Boston CSFB 2005-2 7240 North Irondale Avenue In or around September 2011 through in or around June 2011. Abandoned structure open to unauthorized entry. Substandard conditions including, among others, (A) unapproved construction without required permits and (B) overgrown or excessive vegetation. Substandard conditions including, among others, (A) unpermitted construction and (B) open storage of auto parts in a residential zone. Substandard conditions including unapproved use of single family dwelling as duplex in Rl zone. Substandard conditions including, among others, (A) inoperative, defective, and unapproved electrical receptacles and (B) unapproved conversion of garage to dwelling space. Abandoned structure with substandard conditions including, among others, (A) unapproved occupancy and (B) unapproved use of a trailer in a residential zone. Substandard conditions including (A) unapproved construction and (B) rubbish, garbage, trash or debris on premises. Substandard conditions including, among others, (A) inoperative, defective, unapproved electrical receptacles and (B) failure to obtain the required permits and certificate of occupancy. Substandard conditions including, among others, (A) defective, damaged, broken, inoperative doors or windows and (B) defective, unsafe or inoperative plumbing system.

7
8 9

U.S. Bank as trustee for Servertis Fund I Trust 2009-2 Certificates, Series 2009-2

11515 North Balboa Boulevard

In or around September
2010 through in or around November 2011.

U.S. Bank as trustee for MASTR Alternative Loan Trust 2003-7 U.S. Bank as trustee for Washington Mutual Mortgage Pass-Through Certificates WMALT Series 2006-AR9

In or around October
1219 East 51st Street 2010 through in or around September 20 II. In or around October 2010 through in or around May 2012.

10 11
12

12983 West Montague Street

13 14 15 16 17 18
19

U.S. Bank as trustee for MARM2007-3

11536 West Cumpston Street

In or around November 201 0 through in or around January 2012.

U.S. Bank as trustee for MASTR Adjustable Rate Mortgages Trust 2007-3

12771 West Filmore Street

In or around December 2010 through in or round May 2012.

20
21
22

U.S. Bank as trustee for Structured Asset Investment Loan Trust 2006-BNC3

13984 West Terra Bella Street

In or around January 2011 through the present.

U.S. Bank as trustee for CSAB Mortgage-Backed PassThrough Certificates, Series 2006-3

829 North Sycamore Avenue

In or around March 2011
through the present.

23 24 25
U.S. Bank as trustee for Structured Asset Investment Loan Trust, 2005-9 1152 North Wilton Place In or around March 2011 through the present.

26
27

28

53 COMPLAINT

1

2
3 4 5 6 7 8 9 10 11

DEFENDANT

PROPERTY ADDRESS

PERIOD OF OWNERSHIP

UNLAWFUL CONDITIONS MAINTAINED BY DEFENDANT Substandard conditions including, among others, (A) use of extension cords for permanent wiring and (B) defective foundation vent screening. Substandard conditions including, among others, (A) defective and damaged leaking faucets and (B) decayed, dry rotted and termite damag_edwood. Substandard conditions including, among others, (A) hazardous electrical wiring and (B) hazardous plumbing. Abandoned structure with substandard conditions including (A) excessive or overgrown vegetation on premises and (B) rubbish, garbage, trash, or debris on_£1"emises. Substandard conditions including, among others, (A) decayed, dryrotted, termite damaged wood and (B) unapproved gas appliance venting svstem, Abandoned structure with substandard conditions including, among others, (A) Failure to "maintain fencing and (B) failure to maintain and repair building. Substandard conditions including, among others, (A) unapproved garage conversion and (C) unapproved plumbing work without the required permits. Substandard conditions including unpermitted and unapproved construction. Substandard conditions including (A) unapproved conversion without the required permits and (B) illegal occupancy. Substandard conditions including, among others, (A) damp room conditions and (B) defective, damaged, and inoperative doors and windows.

U.S. Bank as trustee for LXS 2007 ~16N Trust Fund

2339 South Lucerne Avenue

In or around March 2011 through the present.

U.S. Bank as trustee for Harborview 2005~16 Trust Fund U.S. Bank as trustee for BNC Mortgage Loan Trust 2007-1, Mortgage Pass-Through Certificates, Series 2007 ~1 V.S. Bank as trustee for Bane [sic] of America Funding Corporation Mortgage PassThrough Certificates, Series 2007-0 V.S. Bank as trustee for Structured Asset Securities Corporation Mortgage PassThrough Certificates, Series 2006~BC2 U.S. Bank as trustee for MASTR Asset Backed Securities Trust 2006-NC3 Mortgage Pass-Through Certificates, Series 2006-NC3 U.S. Bank as trustee for Bear Stearns Asset Backed Securities,2006-ACI U.S. Bank as trustee for Credit Suisse First Boston ARMT 2005-5 U.S. Bank as trustee for Citigroup Mortgage Loan Trust Inc.

645 West 85th Street

In or around March 2011 through the present.

3986 South Denker Avenue

In or around March 2011 through the present.

12
13

828 West 108th Street

In or around April 2011 through the present.

14 15
16 17

1190 112East 47th Street

In or around April 2011 through the present.

13483 West Brownell Street

In or around May 2011 through in or around February 2012.

18 19

213 North Windsor Boulevard

In or around May 20 I 1through the present.

20
21

22
23

708 West 56th Street

In or around May 2011 through the present.

24
25 26
27

13720 North Gladstone Avenue

In or around May 2011 through in or around February 2012.

V.S. Bank as trustee for LXS 2006-10N Trust Fund

1257 South Plymouth Boulevard

In or around June 2011 through the present.

28

54 COMPLAINT

1

2
3 4

DEFENDANT

PROPERTY ADDRESS

PERIOD OF OWNERSHIP

UNLAWFUL CONDITIONS MAINTAINED BY DEFENDANT Substandard conditions including, among others, (A) construction without permits and (B) failure to maintain and repair building. Substandard conditions including (A) work performed without required permits and (B) illegal occupancy. Substandard conditions including, among others, (A) failure to maintain and repair plumbing fixtures and (B) failure to maintain building in safe and sanitary condition. Substandard conditions including, among others, (A) failure to maintain the required fireresistive construction and (B) lack of required combustion air openings. Substandard conditions including, among others, (A) buckled, split or decayed exterior walls, lack of required weatherproofing and (B) unsanitary accumulation of debris, rubbish, or similar matter. Substandard conditions including, among others, (A) unapproved conversion of garage without required permits and (B) failure to provide or maintain required off street parking. Substandard conditions including (A) rubbish, garbage, trash or debris on premises and (B) open storage within the required yards. Abandoned structure with substandard conditions including, among others, (A) rubbish, garbage, trash and debris on the premises and (B) graffiti. Substandard conditions including, among others, (A) electrical work done without permit or approval and (B) unsafe/unsanitary deteriorated floor covering.

5 6
7 8 9 10 11 12 13 14 15 16 17 18

U.S. Bank as trustee for Citigroup Mortgage Trust Inc. Asset Backed Pass-Through Certificates, Series 2007-AMCI U.S. Bank as trustee for Credit Suisse First Boston Mortgage Securities Corp. Home Equity Pass-Through Certificates, Series 2006-8 U.S. Bank as trustee for CBASS Mortgage Loan Asset Backed Certificates, Series 2007-CBl

I 525 East 0 Street

In or around June 201 I through the present.

1517 West 228th Street

In or around June 2011 through the present.

1227 East 20th Street

In or around July 2011 through the present.

U.S. Bank as trustee for CBASS 2006-SCI

5630 South Broadway

In or around July 201 I

through the present.

U.S. Bank as trustee for CSFB Home Equity Pass-Through Certificates, Series 2005-FIXI U.S. Bank as trustee for Credit Suisse First Boston Mortgage Securities Corp. Home Equity Pass-Through Certificates, Series 2006-8 U.S. Bank as trustee for Specialty Underwriting and Residential Finance Trust, Mortgage Loan Asset Backed Certificates, Series 2006-BC4 u.S. Bank as trustee for MASTR Adjustable Rate Mortgages Trust, Series 2007-1 u.s. Bank as trustee for CitiGroup Mortgage Loan Trust ZOO7-AMC2

4228 East Abner Street

In or around August 2011 through the present.

12731 West Rajah Street

In or around September 2011 through in or around March 2012.

19

20
21

7650 North Oak Park Avenue

In or around September 2011 through in or around May 2012. In or around October 2011 through in or around May 2012

22
23 24

846 West Santa Cruz Street

25

1245 East 43rd Street

In or around October 2011 through the present.

26
27

28

55 COMPLAINT

1

2
3 4

DEFENDANT

PROPERTY ADDRESS

PERIOD OF OWNERSHIP

UNLAWFUL CONDITIONS MAINTAINED BY DEFENDANT Substandard conditions including, among others, (A) inoperative, defective, unapproved electrical receptacles and (B) defective, improperly installed lighting fixtures. Abandoned property open to unauthorized entry.

5
6

U.S. Bank as trustee for BancCap Asset Securitization Issuance Corporation, Mortgage Loan Asset Backed Certificates, Series 2006-1 U.S. Bank as trustee for Citigroup Mortgage Loan Trust, 2005-HE3

224 West 71st Street

In or around October 2011 through the present.

7 8
9 10 11

1612 West 24th Street

In or around November 2011 through the present.

U.S. Bank as trustee for WMALT 2007-0A5

1920 South Sherbourne Drive

In or around November 2011 through in or around May 2012.

Substandard conditions including failure to maintain fencing. Substandard conditions including, among others, (A) exposed wiring and (B) deteriorated roofmg material. Substandard conditions including, among others, (A) electrical work done without permit or approval and (B) construction without permits or approvals. Substandard conditions including, among others, CA)unsafe and unsanitary deteriorated floor covering and (B) failure to maintain existing structure in safe and sanitary condition. Substandard conditions including, among others, (A) defective and damaged leaking faucets and valves and (B) vermin infestation. Substandard conditions including, among others, CA)unapproved gas appliance venting system and (B) defective, improperly installed lighting fixtures.

U.S. Bank as trustee for Doe 9

12 13 14 15 16 17 18 19
U.S. Bank as trustee for RAMP 2006-EFC2 U.S. Bank as trustee for LXS 2007 -16N Trust Fund U.S. Bank as trustee for WaMu Mortgage Pass-Through Certificates, Series 2007-HY5

5753 1/2 South 8th Avenue

In or around November
2011 through the present.

1412 South 4th Avenue

In or around November 2011 through the present.

326 West 13th Street

In or around December 2011 through the present.

9206 South Hoover Street

In or around December
20 11 through the present.

20
21
U.S. Bank as trustee for SAlL 2005-5 4110 Compton Avenue

In or around January 2012
through the present

22
23 24 25

101.

Local enforcement agencies conduct the majority of their investigations in response

to complaints and necessarily depend upon residents who are aware of and have the resources to

26 assert their rights. The violations of federal, state and municipal law perpetrated by DEFENDANT
27 U.S. Bank National Association and reported to these agencies are described above. These represent
56 COMPLAINT

28

1 2 3 4 5 6 7 8 9 10 11 12

a fraction of the actual number of Foreclosed Properties at which violations occurred or continue to occur. 102. The photographs in the paragraphs below depict conditions at vacant Foreclosed

Properties. These photographs illustrate some ofthe unlawful nuisance conditions referenced above. 103. The photographs below depict the deterioration of a property located at 10334 South

Juniper Street. The first photograph was taken by an LADBS Inspector in or around July 2008 and shows graffiti and signs of vagrant or perhaps gang activity at the property. Subsequently, in or around October 2008, a fire occurred at the property. The second and third photographs were taken by an LADBS Inspector in or around December 2008 and January 2009, respectively, and show the hazardous and nuisance conditions that existed months after the fire:

13
14

15
16 17 18 19 20 21 22 23 24

25
26 27 28
57 COMPLAINT

1

2 3
4 5

6
7 8

9
10 11 12 13 14 15 16 17 18 19 20 21 104. The photograph below was taken by an LADBS Inspector in or around October 2008

and shows fire damage at another property, located at 219 North Grand Avenue:

22 23
24

25 26

27
28
58
COMPLAINT

1 2
3 4

105.

The photograph below was taken by an LADBS Inspector in or around January 2009

and shows rubbish and debris accumulated in the yard of the property located at 13240 West Aztec Street:

5
6

7
8

9
10 11

12
13

14 15 106. The photograph below was taken by an LADBS Inspector in or around February 2009

16 and shows graffiti on the exterior of the property located at 148 East 79th Street: 17 18 19 20 21 22
23

24 25 26 27

28

59 COMPLAINT

1 2 3 4 5

107.

The photograph below was taken by an LADBS Inspector in or around February 2009

and shows stagnant water collected in the swinuning pool of the property located at 8047 North Louise Avenue:

6 7
8 9

10
11 12

13
14 15 16 17 18 19 20 21 22 23 24 108. The photograph below was taken by an LADBS Inspector in or around November

2009 and shows an open rear entryway at the property located at 148 East 89th Street:

25 26
27 28
60
COMPLAINT

1 2

109.

The photograph below was taken by an LADBS Inspector in or around May 2010 and

shows stagnant water in the swimming pool at 1768 South Hayworth Avenue:

3
4 5

6 7
8 9 10 11 12 13 ·14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
61 COMPLAI:t'JT

110.

The photograph below was taken by an LADBS Inspector in or around November

2010 and shows exterior graffiti, accumulated debris and an open window at the property located at 2132 Fargo Street:

1 2 3 4 5 6 7 8 9 10 11 12 13

111.

The photographs in the paragraphs below depict conditions at occupied Foreclosed

Properties. These photographs illustrate some of the many Building, Plumbing, Electrical, Mechanical and Health and Safety Code violations and hazardous conditions that DEFENDANT U.S. Bank National Association permitted to exist at these locations. 112. The photograph below was taken by an LAHD Inspector in or around December 2009

and illustrates the deteriorated condition of the flooring at 421 West 56th Street:

14
15 16

1/

17 II
18 19 20

/1 /1 1/

21 1/ 22 II 23 // 24 1/
25

1/

26 /1 27
28
62 COMPLAINT

1 2 3 "4

113.

The photograph below was taken by an LAHD Inspector in or around April 2010 and

shows the substandard condition of the ceiling in the master bedroom of the property located at 1645 West 89th Street:

5
6

7
·8

9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
63

114.

The photograph below was taken by an LAHD Inspector in or around May 2010 and

shows improperly installed and maintained lighting at 4416 South 6th Avenue:

COMPLAINT

1 2 3 4

115.

The photograph below depicts the unsanitary and substandard condition of the

kitchen sink area at 1720 South Union Avenue. The photograph was taken by an LAHD Inspector in or around September 2010:

5 6 7 8
9 10

11
12 13 14 15 16 17 116. The photograph below was taken by an LAHD Inspector in or around October 2010.

It shows damaged and defective drywall at the property located at 514 West 62nd Street:

18 19
20 21 22

23
24 25 26 27 28
64
COMPLAINT

1 2 3 4

117.

The photograph below was taken by an LARD Inspector in or around January 2011

and shows an open and abandoned gas piping outlet at 1126 South Lake Street:

5 6
7

8
9 10

11
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
65

118.

The photograph below was taken by an LARD Investigator in or around April 27,

2011 and shows cracked and damaged exterior stairway boards at 4621 West Pickford Street:

COMPLAINT

1 C.

DEFENDANT U.S. Bank National Association's Unfair and Deceptive Practices to Vacate

2 Properties
3 4 5 6 7 8 9 10 119. To circumvent the restrictions placed on evicting tenants under local, state and federal

law, DEFENDANT U.S. Bank National Association has resorted to unfair and fraudulent means to cause tenants, many of whom were low income, minority, and legally unsophisticated individuals and families, to vacate a substantial number of rental units at the Foreclosed Properties. 120. Using intermediaries such as attorneys and realtors, DEFENDANT U.S. Bank

National Association has engaged in numerous deceptive practices and dishonest tactics, including, but not limited to: A. Serving upon tenants Notices to Quit containing false and misleading representations that tenants must vacate their units and failing to disclose material information; B. Failing to disclose material information to tenants regarding their tenancies; C. Serving notices upon tenants purporting to be Occupant Questionnaires or Requests for Information and Access to the Premises containing unreasonable and burdensome .. emands of tenants; d D. Demanding tenants accept "Cash forKeys" offers and vacate their homes on extremely short notice in exchange for small sums of money, typically inadequate for tenants to find suitable alternative housing or even cover basic moving costs; E. Causing or allowing utilities to be shut off, such as water and gas, for extended periods of time; F. Defrauding and attempting to defraud tenants of the right to relocation assistance to which they were entitled under the RSO; G. Charging rent in excess of the amounts allowed under the RSO and REAP; H. Demanding rent, collecting rent, issuing notices of rent increases, and issuing threeday notices to pay rent or quit for substandard rental units; I. Maliciously threatening to commence or commencing groundless unlawful detainer actions against tenants;
66 COMPLAINT

11
12 13 14

15
16 17

18
19

20
21

22
23

24
25 26 27

28

1

J.

Routinely and improperly proceeding with evictions of nonexistent owner occupants that had the result of displacing the true occupants without proper notice; and

2
3 4

K. Otherwise threatening, harassing and intimidating tenants.
121. The following chart details twenty one (21) examples of Foreclosed Properties where,

5
6 7 8 9 10 11 12 13

during the period DEFENDANT U.S. Bank. National Association owned of each of the properties below, DEFENDANT U.S. Bank. National Association caused or permitted the following unfair and deceptive acts, among others to occur:
PROPERTY ADDRESS PERIOD OF OWNERSHIP DATE OF ACT

DEFENDANT

UNFAIR ACT

Structured Asset Securities Corporation Mortgage Pass-Through Certificates 2006-EQl

221 South Reno Street

In or around April 2008 through in or about November 2009 In or around April 2008 through in or about December 2008

Three/Thirty Day Notice to Quit served upon tenant

In or around May 2008.

14
15 16 17 18 19

U.S. Bank: as trustee for Doe 6

3606 South Trinity Street

ThreelThirty Day Notice to Quit served upon tenant.

In or around
May200S.

U.S. Bank: as trustee for C-Bass Mortgage Loan Asset Backed Certificates, Series 2006-CB4 U.S. Bank: as trustee for Structured Asset Investment Loan Trust 2005-S

2834 West Martin Luther KingJr. Boulevard

In or around April
2008 through in or about January 2009 In or around May 2008 through in or about October 2009 Three/Thirty Day Notice to Quit served upon tenant.

In or around
May200S.

3915 Walton Avenue

Ninety Day Notice to Quit served upon tenant.

In or around
July 2008.

20
21
U.S. Bank: as trustee for Lehman Brothers Securitization NameStructured Asset Investment Loan Trust U.S. Bank: as trustee for MASTR Asset Backed Securities Trust 2006WMC2 7819 South Hoover Street In or around May 2008 through in or about June 2009 Ninety Day Notice to Quit served upon tenant. Groundless action for Unlawful Detainer filed against tenant. In or around June 200S.

22
23 24 25

6061 4th Avenue

In or around July 2008 through in or about May 2009

Ninety Day Notice to Quit served upon tenant.

In or around September 200S.

26
27

28

67 COMPLAINT

1
2
DEFENDANT PROPERTY ADDRESS

PERIODOF· OWNERSHIP

UNFAmACT

DATE OF ACT

3
4 5 6

U.S. Bank as trustee for Structured Asset Investment Loan Trust 2006-BNC2 U.S. Bank as trustee for Citi Mortgage Loan Trust Inc. for Asset Backed Pass-Through Certificates, Series 2006WMCI U.S. Bank as trustee for Lehman Brothers Structured Asset Securities Corporation SASCO 2006-BC6

8312 South San Pedro Street

In or around July 2008 through in or about September 2009 In or around August 2008 through in or about August 2009

Three/Sixty Day Notice to Quit served upon tenant.

In or around September 2008.

7
8

2211 West 20th Street

Ninety Day Notice to Quit served upon two tenants.

In or around October 2008.

9 10 11
12

1917 West 73rd Street

In or around August 2008 through in or about May 2009

Three/Sixty Day Notice to Quit served upon tenant. Groundless action for Unlawful detainer filed against tenant.

In or around September 2008.

13
14
U.S. Bank as trustee for CMLIT 2007-AR8 8953 Cayuga Avenue In or around September 2008 through in or about May 2009 Three/Sixty Day Notice to Quit served upon tenant. Groundless action for Unlawful Detainer filed against tenant. In or around September 2008.

15 16
17
U.S. Bank as trustee for Specialty Underwriting and Residential Finance Trust Mortgage Loan Asset Backed Certificates, Series 2007-BCl 10526 Lou Dillon Avenue

18 19
20 21 22 23 24 25 26 27 28

In or around September 2008 through in or about December 2009

Multiple groundless actions for Unlawful Detainer filed against tenant.

In or around
January and November 2009.

U.S. Bank as trustee for Lehman Brothers Structured Asset Securities Corporation SASCO 2007-BNCI

2860 South Holt Avenue

In or around September 2008 through in or about June 2009

Three/Sixty Day Notice to Quit served upon tenant. Groundless action for Unlawful Detainer filed against tenant.

In or around
October 2008.

U.S. Bank as trustee for C-Bass Mortgage Loan Asset Backed Certificates, Series 2007-CB5

312 West Gage Avenue

In or around September 2008 through in or about March 2009

Groundless action for Unlawful Detainer filed against two tenants.

In or around October 2008.

68 COMPLAINT

1

2
3 4 5 6

DEFENDANT

PROPERTY ADDRESS

PERIOD OF OWNERSHIP

UNFAIR ACT

DATE OF ACT

U.S. Bank as trustee for Citigroup Mortgage Loan Trust Inc., Asset Backed Pass-Through Certificates, Series 2007AMC4 U.S. Bank as trustee for Asset Backed PassThrough Certificates, Series 2006- WFHE3 U.S. Bank as trustee for C-Bass Mortgage Loan Asset Backed Certificates, 2007-CB3 U.S. Bank as trustee for First Franklin Mortgage Loan Trust, Mortgage Loan Asset Backed Certificates, Series 2007I Structured Asset Securities Corporation, Mortgage Pass-Through Certificates, Series 2006BC4 U.S. Bank as trustee for C-Bass Mortgage Loan Certificates 2006-CB5 U.S. Bank as trustee for C- Bass Mortgage Loan Asset Backed Certificates 2007-CBl U.S. Bank as trustee for LXS 2007 -16N Trust Fund

9200 Haddon Avenue

In or around November 2008 through in or about July 2009 In or around January 2009 through in or about September 2009 In or around November 2009 through in or about June 2010 In or around November 2009 through in or about April 20 10

Sixty Day Notice to Quit served on tenant.

In or around November 2008.

7
8 9 10 11 12 13 14 15

8822 Reading Avenue

Sixty Day Notice to Quit served upon tenant.

In or around January 2009.

9120 South Vermont Avenue

Notice to Quit served upon tenant.

In or around October 2009.

1254 West 40th Place

Ninety Day Notice to Quit served upon tenant.

In or around February 2010.

16
17 18 19 20 21

2253 South Bronson Avenue

In or around April 2010 until the present In or around July 2010 through in or about March 2011 In or around August 2011 until the present In or around March 2011 through the present.

SixtylNinety Day Notice to Quit served upon tenant.

In or around May 2010.

5243 Blackwelder Street 2326 North Alta Street

TbreelNinety Day Notice to Quit served upon tenant.

In or around July 2010.

Notice to Quit and Cash for Keys demand served upon tenant.

In or around August 2011.

22
23

2339 South Lucerne

Cash for Keys served upon tenant

In or around March 2012.

24 D.
25
26 27

DEFENDANT U.S. BANK's Individual Liability
122. DEFENDANT U.S. Bank National Association is personally liable in an individual

capacity for the unlawful practices described above through the acts and omissions of its officers, employees and agents on the ground that DEFENDANT U.S. BANK National Association is
69 COMPLAINT

28

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

personally at fault for such practices. The California rule has long been that certain statutes and ordinances designed to protect the public health and safety impose a positive duty, and strict liability, for failure to perform that duty. In such matters as the prevention and abatement oflocal nuisances, the law regulates by requiring a given level of conduct and imposes liability on those who, regardless of intent, do not comply. A property owner is thus in violation oflocal ordinances requiring the prevention and abatement of a nuisance and guilty of negligence per se simply by allowing the nuisance to exist and failing to take the necessary action to prevent such an occurrence. As a property owner, DEFENDANT U.S. Bank National Association has a positive duty to know the conditions existing at the Foreclosed Properties, to maintain all such properties in compliance with all applicable laws, and to take all actions necessary to prevent or abate any nuisance 'conditions at such properties. DEFENDANT U.S. Bank. National Association breached this duty by failing and refusing to take appropriate actions to prevent or abate nuisance conditions at such properties when servicers delegated under the trust documents to maintain such properties failed to do so. 123. DEFENDANT U.S. Bank National Association intentionally or negligently breached its duty to the public because it knew or should have known that the servicers authorized to maintain the Foreclosed Properties under the trust documents were and are unlikely to maintain all such properties free from nuisance conditions. Although the trustee is the legal owner of the Foreclosed Properties, the trust documents typically place the duty to manage, conserve, protect and operate each such property upon the servicer. The obligations and liability imposed under the trust documents should not, however, be confused with those imposed by law. In contrast to the liability provisions of the trust documents, state and local housing and habitability laws hold property owners and landlords liable for substandard and nuisance conditions. 124. Specifically, the trust documents generally authorize and direct the servicers to manage, conserve, protect and operate each Foreclosed Property for the trustee for the benefit of each trust's beneficiaries, solely for the purpose of its prompt disposition and sale; in the same manner that the servicer manages, conserves, protects and operates other foreclosed property for its own account, and in the same manner that a similar property in the same locality as the Foreclosed Property is
70 COMPLAINT

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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27

managed. By contrast, California Health and Safety Code and the LAMC require that every building, structure, premises or portion thereof be maintained in safe and sanitary condition, good repair and free from graffiti, debris, rubbish, garbage, trash, overgrown vegetation or other similar material in order to safeguard life, limb, health, property and the welfare of the public. 125. On their face, the two duties set forth above are readily distinguishable. First, the trust

documents require maintenance for the benefit of the trust beneficiaries, i.e. for the preservation and, to the extent possible, enhancement of the distribution payments and return on the beneficiaries' investments; whereas, the code provisions seek to safeguard and enhance public welfare. Second, the trust document provisions place a subjective standard on the servicer's duty to "manage, conserve, protect and operate" Foreclosed Properties requiring only that it do so in the same manner (1) as it does for its own foreclosed properties and (2) as a similar property in the locality is managed. 126. Further review of the trust documents show that the servicer is not strictly bound to its ' duty to maintain Foreclosed Properties. Rather, the duty to maintain, or take any action with regard to a Foreclosed Property, is left to the servicers "good faith business judgment." The trust

documents typically instruct the servicer to deposit any and all revenues received from a Foreclosed Property into a segregated account from which the servicer must withdraw funds necessary for the proper operation, management and maintenance of that particular Foreclosed Property including, without limitation, all costs and expenses necessary to maintain that property. The trust documents add that the servicer, to the extent that amounts in the segregated account for the specific Foreclosed Property are insufficient for necessary property maintenance, must advance its own funds as servicing advances, but only

if the servicer

would make such advances if the servicer owned the

Foreclosed Property and if such servicing advance would not constitute a nonrecoverable advance. With respect to a Foreclosed Property, a "nonrecoverable advance" includes any servicing advance proposed to be made that, in the good faith business judgment of the servicer, would not be ultimately recoverable from liquidation proceeds on a particular Foreclosed Property. Servicers are not required to continue advancing their own funds if they deem an advance to be a nonrecoverable
71

28

COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

advance. Servicers typically have rules that limit their advances on Foreclosed Properties to less than 50% to 60% of the current property value. The result is that where a servicer determines that the cost of preventing or abating a nuisance at a particular Foreclosed Property would require a nonrecoverable advance, the servicer is neither authorized or required to advance the funds or take any other action to remedy the code violations. 127. DEFENDANT U.S. Bank National Association, as the record owner of the Foreclosed Properties, is personally at fault for failing to maintain all Foreclosed Properties in compliance with all applicable laws, and to take all actions necessary to prevent or abate any nuisance conditions at such properties. Since the servicers are not, and never have been, fully authorized or required to do so under the trust documents, and the servicer liability provisions of the trust documents are at odds with state and local housing and habitability laws that hold property owners and landlords liable for substandard and nuisance conditions at their properties, it falls to the trustee as the only entity that can act on behalf of the trust to resolve that conflict and take the actions necessary to ensure that the Foreclosed Properties are brought into code compliance. DEFENDANT U.S. Bank National Association is personally at fault for intentionally or negligently failing and refusing to take action to prevent and abate nuisances where the servicers are not authorized or required to do so. FIRST CAUSE OF ACTION Unlawful Business Acts and Practices in Violation of California Business and Professions Code sections 17200 et seq. (Against DEFENDANT 128. in Its Individual and Representative Capacities)

PLAINTIFF incorporates paragraphs 1 through and including 127 of this Complaint

as if set forth fully herein.

23 A. 24
25 26 27

The California Unfair Competition Law 1.
129.

Generally
The California Unfair Competition Law ("UeL") prohibits "unfair competition,"

which includes "any unlawful, unfair or fraudulent business act or practice .... " (Bus. & Prof. Code, § 17200.)
72

28

COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

130.

Because Business and Professions Code Section 17200 is written in the disjunctive, it

establishes three varieties of unfair competition - acts or practices which are "unlawful," or "unfair," or "fraudulent." 131. Because it contains no express intent, knowledge, or negligence requirement, the

UCL imposes strict liability. Nor is it necessary to show that the DEFENDANT intended to injure anyone. 132. The UCL authorizes the City Attorney to bring a civil enforcement action against any

person who engages, has engaged, or proposes to engage in unfair competition.

(Id., § 17203.) It

defines "person" to include natural persons, corporations, firms, partnerships, joint stock companies, associations and other organizations of persons. (Id., § 17201.) 133; The UCL has a four-year statute oflimitations that commences when the cause of

action accrues. (Id., § 17208.) The UCL's four-year statute oflimitations governs even where the predicate law upon which allegations of unlawful business conduct are based has a different limitations period. The continuing violations doctrine permits recovery for conduct outside of the limitations period if that conduct constitutes a continuing pattern and course of conduct as opposed to unrelated discrete acts. If there is a pattern, then the suit is timely if the action is filed within the statutory period of the most recent violation. 134. The remedies for a violation of the VCL include injunctive relief and restitution. (Id.,

§§ 17203 and 17204.) In addition, when a VCL action is brought by the City Attorney in the name
of the People, the City Attorney may seek civil penalties of up to $2,500 for each violation of the UCL (id., § 17206), or up to $5,000 if the violation was perpetrated against a disabled or elderly person (id., § 17206.1). 135. The remedies and penalties available under the VCL are in addition to those available

under other laws. Business and Professions Code section 17205 provides that, unless otherwise expressly provided, the remedies or penalties provided by the VCL are cumulative to the remedies or penalties available under all other laws of this state.

73 COMPLAINT

1
2 3 4 5 6 7 8 9 10 11 12 13

2.
136.

"Unlawful" Business Acts and Practices
By defining unfair competition to include any "unlawful" business act or practice,

the UCL permits violations of other laws to be treated as unfair competition that is independently actionable. 137. The "unlawful" prong of section 17200 embraces anything that can properly be called

a business practice and that at the same time is forbidden by law. It borrows violations of other laws and treats them as independently actionable. Virtually any state, federal or local law can serve as the predicate for an action under Business and Professions Code section 17200. The UCL thus prohibits any practices forbidden by law, be it civil or criminal, federal, state, or municipal, statutory, regulatory, or court-made. 138. While the unlawful prong of Section 17200 is itself a strict liability provision, the

standard of liability for a cause of action for unlawful business practices is borrowed from the predicate law the allegations are based upon.

14 B.
15 16 17 18 19 20 21 22 23 24 25 26 27 28

DEFENDANT's Violations of the UCL
139. DEFENDANT U.S. Bank National Association, has violated, and continues to

violate, the UCL by engaging in the following unlawful business acts and practices, among others, relating to the Foreclosed Properties: A. Causing, permitting and maintaining vacant buildings without required or proper fencing, cleaning and barricades, in violation of the Los Angeles Vacant Building Ordinance and other requirements (LAMe sections 98.0701, et seq. and Civil Code section 2929 et seq. B. Failing to register foreclosed properties in violation of the Los Angeles Foreclosure Registry Ordinance (LAMC section 164.01.) C. Creating, maintaining and contributing to the creation and maintenance of public nuisance conditions at occupied residential properties, in violation of Civil Code sections 3479 and 3480.

74
COMPLAINT

1

D. Causing, permitting and maintaining substandard conditions in occupied residential dwellings, in violation of Health and Safety Code section 17920.3 and Civil Code section 1941.

2
3
4

E. Causing and permitting buildings and premises to be maintained in unsafe and
unsanitary conditions, in violation ofLAMC sections 91.3401.2 and 91.8104 and California Building Code section 3401.2. F. Permitting the improper use and storage of automobiles, in violation ofLAMC sections 12.21.A.8, subdivisions (a) and (b) and 12.21.C.1, subdivision (g). G. Causing, permitting and maintaining impeded exits, in violation ofLAMC, section 91.1000 and California Building Code sections 1008.1.9 and 1029.4. H. Causing, permitting and maintaining improperly installed smoke detectors, in violation of section 91.900 of the LAMC, and sections 907.2.11.2 and 907.2.11.4 of the California Building Code. I. Causing, permitting and maintaining inadequate ventilation of interior spaces, in violation ofLAMC section 91.1200 and California Building Code sections 1203.1, 1203.3 and 1203.4. J. Causing, permitting and maintaining swimming pools that w~re unsafe and unsanitary, in violation of LAMC sections 91.3109 and 91.8118 and California Building Code section 3109.4.3. K. Causing, permitting and maintaining electrical systems and equipment that do not comply with all applicable provisions of the Electrical Code, including, but not limited to, maintaining abandoned wiring, in violation ofLAMC sections 93.0104 and 93.0312. L. Causing and permitting the installation of defective plumbing and improper waste disposal systems, in violation ofLAMC section 94.300.0 and California Plumbing Code sections 301.1.1, 301.1.4 and 303.0.

5 6 7 8 9 10

11
12 13 14 15 16 17 18 19 20 21

22
23 24 25

26
27 28

75
COMPLAINT

1
2

M. Causing, permitting and maintaining water heaters that are not properly anchored and vented, in violation ofLAMC section 94.500 and California Plumbing Code sections 508.2 and 510.2.1. N. Causing, permitting and maintaining heating, ventilating, air-conditioning and refrigeration equipment in unsafe, improper and hazardous conditions, in violation of LAMC section 95.104 and California Mechanical Code section 104.4. O. Causing, permitting and maintaining untenantable rental units, and collecting rent, increasing rent and issuing three-day notices to pay rent or quit for such units, in violation of Civil Code section 1941 and the implied warranty of habitability. P. Causing and permitting tenants to be disturbed in the quiet enjoyment of their rental units by, in par, causing and permitting untenantable conditions to exist, in violation of Civil Code section 1927. Q. Causing and permitting property taxes that were due and owing not to be paid, in violation of Article 13 of the California Constitution and the California Code of Regulations, title 18, section 462.120. 140. DEFENDANT U.S. Bank National Association's acts of unfair competition present a

3
4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22

continuing threat to the public's health, safety and welfare. PLAINTIFF has no adequate remedy at law, and unless DEFENDANT U.S. Bank National Association is permanently enjoined and restrained by order oftbis Court, DEFENDANT U.S. Bank National Association will continue to commit the acts of unfair competition described herein, thereby causing further irreparable injury to the public's health, safety and welfare.

SECOND CAUSE OF ACTION Unfair and Fraudulent Business Acts and Practices Under the California Business and Professions Code sections 17200 et seq. (Against Defendant in Its Representative Capacity Only)
141. PLAINTIFF incorporates paragraphs 1 through and including 140 of this Complaint

23
24 25 26 27 28

as if set forth fully herein.
76 COMPLAINT

1 A. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

"Unfair" and "Fraudulent" Business Acts and Practices
142. By defining unfair competition to include also any "unfair" or "fraudulent" business

act or practice, the other law. 143.

ueL sweeps

within its scope acts and practices not specifically proscribed by any

The "unfair" prong of Section 17200 provides an independent basis for relief. It is

not necessary, therefore, for a business practice to be "unlawful" in order to be subject to an action under the unfair competition law. In general the "unfairness" prong has been used to enjoin deceptive or sharp practices. 144. The courts of this state have adopted several tests for determining whether a business

act or practice is unfair: A. A business practice is unfair "when that practice 'offends an established public policy or when the practice is immoral, unethical, oppressive, unscrupulous or substantially injurious .... ,,' (State Farm Fire & Casualty Co. v. Superior Court (1996) 45 Cal.AppAth 1093, 1104, quoting People v. Casa Blanca Convalescent Homes, Inc. (1984) 159 Cal.App.3d 509, 530.) B. Another "test of whether a business practice is unfair involves an examination of [that practice's] impact on its alleged victim, balanced against the reasons.justifications and motives of the alleged wrongdoer. In brief, the court must weigh the utility of the Defendant's conduct against the gravity of the harm to the alleged victim .... " (State Farm Fire & Casualty Co. v. Superior Court, supra, 45 Cal.AppAth at pp. 1103-1104 [citations and internal quotation marks omitted].) C. It also is an unfair business practice when the Defendant's conduct "threatens an incipient violation of [a law], or violates the policy or spirit of [a law] because its effects are comparable to or the same as a violation ofthe law, or otherwise significantly threatens or harms competition." (Cel-Tech Communications, Inc. v.

Los Angeles Cellular Telephone Co. (1999) 20 Cal.4th 163, 187; see also Scripps Clinic v. Superior Court (2003) 108 Cal.AppAth 917,939.) 77
COMPLAINT

1 2 3 4 5 6

D. More recently, one Court of Appeal has fashioned a test for determining whether a practice is unfair based upon section 5 of the Federal Trade Commission Act (15 U.S.C. § 41 et seq.). Under this test, "[a]n act or practice is unfair if [1] the consumer injury is substantial, [2] is not outweighed by any countervailing benefits to consumers or to competition, and [3] is not an injury the consumers themselves could reasonably have avoided." (Daugherty v. American Honda Motor Co., Inc., 144 Cal.App.4th 824,839 [bracketed numbers added]; see also Camacho v. Automobile Club a/Southern California (2006) 142 Cal.App.4th 1394, 1403.) 145. The "fraudulent" prong of section 17200 affords protection against the probability or

7
8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

likelihood as well as the actuality of deception or confusion. The test is whether members of the public are likely to be deceived. 146. A UCL action alleging violations of the "fraudulent" prong is distinct from common

law fraud. A fraudulent deception must be actually false, known to be false by the perpetrator and reasonably relied upon by a victim who incurs damages. None of these elements are required to state a claim for injunctive relief under section 17200. This distinction reflects the UCL's focus on the defendant's conduct, rather than the plaintiffs damages, in service of the statute's larger purpose of protecting the general public against unscrupulous business practices.

B.

DEFENDANT's Violationsof the UCL
147. DEFENDANT U.S. Bank National Association has violated, and continues to violate,

the UCL by engaging in the following "unfair" business acts and practices, among others, relating to the Foreclosed Properties: A. After May 20,2009, failing to provide tenants with 90 days notice to vacate where otherwise permitted, in violation of the Protecting Tenants at Foreclosure Act (12 U.S.C. § 5220). B. Repeatedly attempting to vacate lawful tenants from Foreclosed Properties with no legal basis to do so, in an effort to circumvent the requirements of LAMC sections 49.90 and 151.09 and U.S. Code of Federal Regulations, title 24, section 982.310.
78 COMPLAINT

1

C. Repeatedly causing and permitting tenants to be removed andlor attempting to remove tenants from their rental units without paying them adequate relocation fees, in an effort to circumvent the requirements of the RSO. (LAMC, § 151.09, subd.(g).) D. Threatening incipient violations ofthe aforementioned state laws and violating the public policy embodied in the spirit of those laws. E. Violating the established public policy of the State of California, which, among other things, seeks to avoid the creation and maintenance of public nuisances, to protect tenants from having to reside in uninhabitable rental units, to maintain the affordable housing stock and to prevent actual and constructive unlawful evictions. F. Causing and permitting the commencement of unlawful detainer actions that were later dismissed or decided in favor of the tenant, without probable cause and in bad faith. G. DEFENDANT U.S. Bank National Association's conduct as described in this Complaint has been immoral, unethical, oppressive, and unscrupulous in that DEFENDANT U.S. Bank National Association has, among other things, intentionally, negligently and recklessly failed to maintain occupied premises in safe, sanitary and habitable conditions, allowed vacant properties to become public nuisances that have contributed to the deterioration of whole neighborhoods and communities and have forced low income tenants from their homes without a basis in law or fact. H. Applying and balancing the factors of Section 5 of the Federal Trade Commission Act (15 U.S.C. § 45): (i) the injury to tenants living in DEFENDANT U.S. Bank National Association's properties has been substantial, as hundreds of tenants have

2
3 4

5 6
7

8
9 10 11 12 13 14 15 16
17

18
19

20
21 22
23

24
25 26 27

been forced to live in uninhabitable rental units and to endure DEFENDANT U.S. Bank National Association's violation of their rights, and the surrounding communities have been subjected to hazards engendered by the nuisance conditions;

(ii) these injuries are not outweighed by any countervailing benefits to such victims in
79 COMPLAINT

28

1

that DEFENDANT U.S. Bank National Association could have renovated the properties without causing tenants to live in uninhabitable units, or the surrounding communities to be exposed to nuisance conditions or violating their rights; and (iii) the injuries to tenants from living in uninhabitable rental units and being subjected to violations of their rights, and the injury to the surrounding communities from being exposed to nuisance conditions, are not ones these victims could have reasonably avoided, as they have no ability to control the condition of DEFENDANT U.S. Bank National Association's buildings or the actions of DEFENDANT U.S. Bank National Association in violating their rights. 148. DEFENDANT U.S. Bank National Association has further violated, and continues to

2
3
4

5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21

violate, the UCL by engaging in the following "fraudulent" business acts and practices, among others, relating to the Foreclosed Properties: false and misleading statements, including, but not limited to, threatening letters and notices sent to tenants that falsely represented bases for eviction, contained misleading statements and omitted information regarding tenants' rights in the event of a foreclosure sale. 149. DEFENDANT U.S. Bank National Association's acts of unfair competition present a

continuing threat to the public's health, safety and welfare. PLAINTIFF has no adequate remedy at law, and unless DEFENDANT U.S. Bank National Association is permanently enjoined and restrained by order of this Court, DEFENDANT U.S. Bank National Association will continue to commit the acts of unfair competition described herein, thereby causing further irreparable injury to the public's health, safety and welfare.

22 23 24
25 26 27 150.

THIRD CAUSE OF ACTION Violations of Los AngelesMunicipal Code section 11.00,subdivision (I) (Against Defendants in Its Individual and Representative Capacities)
PLAINTIFF incorporates paragraphs 1 through and including 149 of this Complaint

as if set forth fully herein.

28

80 COMPLAINT

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

151.

Any violation of any provision of the LAMC is deemed to be a public nuisance.

(LAMC, § 11.00(1).) LAMC section 11.00, subdivision (1)provides in relevant part that: "Violations of this Code are deemed continuing violations and each day that a violation continues is deemed to be a new and separate offense and subject to a maximum civil penalty of $2,500 for each and every offense." Every repetition of a continuing nuisance is a separate wrong for which the person injured . 'may bring successive actions for damages until the nuisance is abated. 152. As described more fully above, DEFENDANT U.S. Bank National Association has

caused, permitted and maintained, and continue to cause, permit and maintain, conditions at the Foreclosed Properties that have violated the following sections of the LAMC: A. LAMC section 12.21.A.8, subdivisions (a) and (b), and section 12.21.C.1. subdivision (g), relating to the improper use and storage of automobiles. B. LAMC section 91.1000 (adopting by reference California Building Code sections 1008.1.9 and 1029.4), relating to impeded exits. C. LAMC section 91.900 (adopting by reference California Building Code sections 907.2.11.2 and 907.2.11.4), relating to improper installation of smoke detectors. D. LAMC section 91.1200 (adopting by reference California Building Code sections 1203.1, 1203.3 and 1203.4), relating to inadequate ventilation of interior spaces. E. LAMC sections 91.31 09 (adopting by reference California Building Code section 3109.4.3) and 91.8118, relating to improper maintenance of swimming pools. F. LAMC sections 3401.2 and 91.8104 (adopting by reference California Building Code section 3401.2), relating to the failure to maintain buildings and premises in safe and sanitary condition. G. LAMC sections 93.0104 and 93.0312, relating to installation, operation and maintenance of electrical systems and equipment that do not comply with all applicable provisions of the Electrical Code, including, but not limited to, the maintenance of abandoned wiring.

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H. LAMC section 94.300.0 (adopting by reference California Plumbing Code sections 301.1.1,301.1.4 and 303.0), relating to the installation, operation and maintenance of

defective plumbing and improper disposal of waste. 1. LAMC section 94.500 (adopting by reference California Plumbing Code section 510.2.1), relating to the failure to properly secure water heaters. J. LAMC section 95.104 (adopting by reference California Mechanical Code section 104.4), relating to the failure to maintain heating, ventilating, air-conditioning and refrigeration equipment in safe, proper and hazard-free condition. K. LAMC sections 91.8904 and 98.0701, et seq., relating to the failure to clean, fence, barricade, post the required notice at and file the required Statement ofIntent for vacant buildings. L. LAMC sections 49.90 and 151.09, relating to the unlawful eviction of tenants. 153. As a consequence of the foregoing, DEFENDANT U.S. Bank National Association

should be permanently enjoined and restrained by order of this Court from violating tenants' rights and permitting such conditions to exist at the Foreclosed Properties, pursuant to LAMC section 11.00, subdivision (1) ... 154. DEFENDANT U.S. Bank National Association's violations of the LAMC present a

continuing threat to the public's health, safety and welfare. PLAINTIFF has no adequate remedy at law, and unless DEFENDANT U.S. Bank National Association is permanently enjoined and

20· restrained by order of this Court, DEFENDANT U.S. Bank National Association will continue to 21 22 23 24 25 26 27 28 82
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commit the violations of the LAMC described herein, thereby causing further irreparable injury to the public's health, safety and welfare. 155. As a further consequence of the foregoing, DEFENDANT U.S. Bank National

Association is jointly and severally liable for the payment of a civil penalty of $2,500 for each day it caused or permitted each LAMC violation at each of the Foreclosed Properties, pursuant to LAMC section 11.00, subdivision (1).

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PRAYER FOR RELIEF
Wherefore, the PEOPLE pray that: 1. Pursuant to Business and Professions Code sections 17203 and 17204 and the

equitable powers of the Court, DEFENDANT U.S. Bank National Association and DOES 1 through 2500, together with their officers, employees, agents, representatives, attorneys, contractors and all persons acting on behalf of or in concert with them, be provisionally and permanently enjoined from committing, causing, permitting, aiding, abetting and conspiring to commit the unlawful, unfair and fraudulent business acts and practices described herein. 2. Pursuant to LAMe section 11.00, subdivision (ljand the equitable powers of the

Court, DEFENDANT U.S. Bank National Association and DOES 1 through 2500, together with their officers, employees, agents, representatives, attorneys, contractors and all persons acting on behalf of or in concert with them, be provisionally and permanently enjoined from committing, causing, 'permitting, aiding, abetting and conspiring to commit the violations of the LAMC described herein. 3. Pursuant to Business and Professions Code sections 17203 and 17204, LAMC section

11.00, subdivision (1) and the equitable powers of the Court, DEFENDANT U.S. Bank National Association and DOES 1 through 2500, together with their officers, employees, agents, representatives, attorneys, contractors and all persons acting on behalf of or in concert with them, be ordered to take all reasonable measures to prevent and avoid the commission of the unlawful, unfair and fraudulent business acts and practices and other violations of law described herein, such measures to include, without limitation: (A) register all Foreclosed Properties in accordance with the FRO; (B) provide a complete inventory of all Foreclosed Properties, to be updated on a monthly basis; (C) irispect all Foreclosed Properties to determine compliance with all applicable habitability, tenancy and nuisance laws; (D) ensure that all Foreclosed Properties are brought into timely compliance with all applicable habitability, tenancy and nuisance laws; (E) refrain from filing unlawful detainer cases, serving notices to quit, offering to pay cash for keys, sending threatening letters, making false and misleading representations and engaging in any other action causing tenants
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of foreclosed rental units to vacate for any reason other than one or more of the twelve grounds specified in the RSO, LAMC section 151.09; and (F) designate at least one full-time senior employee to manage all Foreclosed Properties in accordance with these injunctive terms.

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4.

Pursuant to Business and Professions Code sections 17203 and 17204 and the U.S. Bank National Association and Does 1 through

equitable powers of the Court, DEFENDANT

2500 be ordered to pay restitution to any person deprived of money or property as a result of the unlawful, unfair and fraudulent business acts and practices described herein. 5. Pursuant to Business and Professions Code section 17206, DEFENDANT U.S. Bank

National Association and DOES 1 through 2500 be jointly and severally assessed a civil penalty of $2,500 for each violation of the UCL that they committed, caused, permitted, aided, abetted, or conspired to commit relating to any Foreclosed Property. 6. Pursuant to Business and Professions Code section 17206.1, DEFENDANT U.S.

Bank National Association and DOES 1 through 2500 be jointly and severally assessed an additional civil penalty of$2,500 for each violation of the UCL that they committed, caused, permitted, aided, abetted, or conspired to commit relating to any Foreclosed Property against a senior citizen or disabled person.

7.

Pursuant to LAMC section 11.00, subdivision (I), DEFENDANT

U.S. Bank National

Association and DOES 1 through 2500 be jointly and severally assessed a civil penalty of $2,500 per day for each violation of the LAMC that they committed, caused, permitted, aided, abetted, or conspired to commit relating to any Foreclosed Property.

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8.
9.
and proper.

PLAINTIFF to recover the costs of this action. PLAINTIFF to be granted such other and further relief as the Court may deem just

Dated: July 16,2012 CARMEN A. TRUTANICH, City Attorney TINA HESS, Assistant City Attorney SUZANNE SPILLANE, Supervising Deputy City Attorney JANET KARKANEN, Deputy City Attorney JULIA FIGUEIRA-MCDONOUGH, Deputy City Attorney OFFICE OF THE LOS ANGELES CITY ATTORNEY CRIMINAL BRANCH

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BY~ ----TinaH~s Attorneys for Plaintiff The People of the State of California

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