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) 14 ) ) 15 WELLS FARGO BANK, a national banking ) ) 16 association; 20475 ROCA CHICA DR., ) MALIBU, CALIFORNIA 90625, real ) 17 property, in rem, and DOES 1 to 50, ) ) INCLUSIVE. 18 ) ) Defendants 19 ) 11 BARRY S. FAGAN, an individual; 20 Propounding Party: Barry S. Fagan 21 22 23 24
Case No. SC117023 SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, WEST DISTRICT UNLIMITED CIVIL
REQUEST FOR ADMISSIONS
(CCP § 2033.210) Propounding Party: Barry Fagan Plaintiff Responding Party: Wells Fargo Bank, N.A. Defendant Set Number: ONE
Responding Party: Wells Fargo Bank, N.A.: Set Number: ONE
Pursuant to the provisions of Sections 2033.210 et seq. of the California Code of Civil Procedure, Plaintiff Barry S. Fagan hereby propounds to Defendant Wells Fargo Bank, N.A. or
25 their representative(s), the following REQUEST FOR ADMISSIONS and demands that 26 Defendant’s responses be served upon the Plaintiff at: 20475 Roca Chica Dr. Malibu, CA 90265. 27 28
REQUEST FOR ADMISSIONS Set No. 1
or combinations of them. associates. 24 25 All requests shall be deemed to include any documents made by. 22 defendants and any related or affiliated companies associated in any way therewith. 23 5. their agents. association. photostating. corporation. firm. Specifically. or any one for more of these or related devices. or symbols. employees. your investigators. your attorneys. successor. pictures. The term oral communication as used herein means and include any face-to-face 17 conversation. agent or assignee of either one or all of the Plaintiffs. and any other type of entity and the agents. state. incorporated and integrated herein. printing. 21 4.1 2 1. are hereby adopted. 3 4 DEFINITIONS AND INSTRUCTIONS The instructions and definitions of terms set forth in Section 4 ("Definitions") of "FORM INTERROGATORIES" revised and approved by the Judicial Council of California as of January 1.” ADDRESS means the street address. your insurance companies. cell-phone conversation. organization. sounds. The term "the transaction" or "the transactions" or "account" or "accounts" when used 26 herein without qualification means the transactions and accounts between or the term "oral 27 defendants and all related activities and agents or assigns of either party. typewriting. by reference. any other form of a business association. including the city. held by. 28 -2 communication" as used herein means and includes any face among the Plaintiff and the named REQUEST FOR ADMISSIONS Set No. computer conversation with voice mail. their employees. your employees. The terms "you" or "your" as used herein shall refer to any one or all of the named The term "person" or "persons" as used herein means and includes all natural persons. trust. or maintained in the files of any predecessor. pursuant to CCP §§ 2030. and zip code. telephone conversation. or may be relevant to these requests for admissions are: "YOU OR ANYONE 6 ACTING ON YOUR BEHALF. meeting. 6. 3. words." "PERSON. deputies and representatives thereof. or public entity. and every other means of recording upon any tangible thing and form of communicating or representation.010 and 2033. conference.5." 16 2. your agents. DOCUMENT means a writing as defined in [California] Evidence Code section 250." as follows: 7 8 9 10 11 12 13 14 15 (d) (c) (a) YOU OR ANYONE ACTING ON YOUR BEHALF includes you. wholly owned affiliates or subsidiary corporations or 20 officers. partnership. employee. (b) PERSON includes a natural person. including letters. business. your accountants." "DOCUMENT. 1 . 2006. and includes the original or a copy of handwriting. 18 19 public and private corporations. the terms thus 5 defined which are. and anyone else acting on your behalf. as Form FI-120. photographing." and "ADDRESS. for use hereinafter. your servicing company.
Failure to do so may result in waiver of said 8 You are requested to serve on the undersigned. the Defendant must represent that they have made diligent inquiry into the subject matter of the Request. 17 18 12. if the documents are not available to you. and a description and copies of 11 description of them. the answer must clearly specify the part admitted and qualify or deny the rest. 19 20 21 22 23 The Defendant has a duty to amend a response if they obtain information indicating that any of their responses was incorrect or incomplete when made.1 7. In accordance with the Rules of Civil Procedure any and all objections and/or Claims of 6 Privilege must be specifically stated. 1 . opinions or contentions different from those set forth in your responses herein. These Requests cover all information known or available to the Defendant. 9. 5 8. their agents and attorneys and other Persons acting on their behalf or subject to their direct or indirect control. The Defendant is required in good faith to qualify an answer or deny only part of a matter. a 14 10. If a matter is not admitted. 13. though correct and complete when made. 15 16 11. Any denial by the Defendant must fairly respond to the substance of the Request. NOT INCLUDED IN THE STATEMENT SERVED IN RESPONSE TO 13 THIS REQUEST. or form any conclusions. 7 ruling may be made on the item by the court. YOU WILL NOT BE PERMITTED TO CALL ANY WITNESS. If the Defendant contends that they lack knowledge or information as a reason for failing to admit or deny any Request. the Plaintiff hereby demands that. 25 26 27 28 REQUEST FOR ADMISSIONS Set No. Witnesses and evidence that will be used only for impeachment need not be 12 ANY EVIDENCE. is no longer correct and complete. OR INTRODUCE documentary evidence you intend to offer or. the Defendant must specifically deny it or state in detail why the Defendant cannot truthfully admit or deny it. As a result. or that any of their responses. -3 24 14. a statement of: the names and addresses of 9 witnesses (OTHER THAN A PARTY WHO IS AN INDIVIDUAL) you intend to call at trial. a 10 description of physical evidence you intend to offer. state with particularity why the answer to the Request is unknown and the efforts undertaken by the Defendant to obtain the answer to the particular Request and Identify each Person who may have information required to answer any Request affirmatively or negatively. These Requests require responses that are complete and accurate as of the date when such responses are made. the requested item must be identified coupled with its location and the nature of the objection or claim of privilege must be clearly articulated so a objections. Each of the following requests for admissions is intended to be a continuing request to 2 admit or deny. EXCEPT AS OTHERWISE PROVIDED BY LAW. then you shall amend your answers to such responses and document production promptly and sufficiently in advance of any trial date. in the event that at any later date 3 4 you obtain any additional facts. included. to fully set forth such differences and to produce and documents in connection therewith.
Code Proc. PLEASE TAKE FURTHER NOTICE that in the event the RESPONDING PARTY fails to serve a timely response to these REQUESTS FOR ADMISSIONS. 22 If any paragraph of this request is believed to be ambiguous or unduly burdensome. each response to the requests for admission shall: (a) Admit so much of the matter involved in the requests as is true. and set forth any 21 information. 19 If any of these requests for admissions cannot be fully answered. In compliance with Code of Civil Procedure Section 2033. If the Defendant contend that the answer to any Request is privileged or otherwise 16. §2018. 15. The Defendant may not object to any Request on the ground that the Request presents a genuine issue for trial. the Defendant must state with particularity the reasons and factual basis for 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 each objection or ground for exclusion and Identify each Person having knowledge of the factual basis on which the privilege or any other ground for exclusion is asserted. knowledge or belief you have concerning the unanswered portions. the PROPOUNDING PARTY may move the court for an order requiring the RESPONDING PARTY to pay the reasonable expenses incurred in making that proof. PLEASE TAKE NOTICE that if the RESPONDING PARTY fails to serve a timely response to these REQUESTS FOR ADMISSIONS. PLEASE TAKE FURTHER NOTICE that if the RESPONDING PARTY fails to admit the truth of any matter when requested to do so under this section. specifying the reasons for your inability to answer the remainder. please 23 contact the undersigned and an effort will be made to remedy the problem. and (c) Specify so much of the matter involved in the request as to the truth of which the responding party lacks sufficient information and knowledge. this PROPOUNDING PARTY reserves the right to move the Court for an order deeming all facts set forth herein admitted. or if the Defendant otherwise object to any part 2 of any Request. please answer to the extent 20 possible.220. (b) Deny so much of the matter involved in the requests as is untrue. 1 .1 immune from discovery in whole or in part. including objections based on privilege or on the protection of work product pursuant to Civ. including reasonable attorneys fees. and if the PROPOUNDING PARTY thereafter proves the truth of that matter. 24 /// 25 26 /// 27 /// 28 -4 REQUEST FOR ADMISSIONS Set No. the RESPONDING PARTY thereby waives any objections to these requests.
1 . FAGAN.” ADMIT THAT NO ACCOUNTING DEBITS OR CREDITS HAVE BEEN REPORTED TO THE PLAINTIFF AS TO RECEIPTS AND DISBURSEMENTS RELATING TO THE SUBJECT LOAN. FAGAN) AN ACCOUNTING OR REPORT FOR THE ORIGINATION OR TRANSFER OF THE SUBJECT “LOAN. ADMIT THAT WELLS FARGO BANK WAS PAID BY THIRD PARTIES. FAGAN. 6. 1. 8. 3. FAGAN) BY THE SOURCE OF FUNDS FOR THE ORIGINATION OF ANY ALLEGED SUBJECT LOAN TRANSACTION WITH THE PLAINTIFF BARRY S. 4. DIRECTLY OR INDIRECTLY? -5 REQUEST FOR ADMISSIONS Set No. ADMIT THAT WELLS FARGO BANK WAS NOT THE SOURCE OF FUNDS FOR ANY FINANCIAL TRANSACTION WITH THE PLAINTIFF BARRY S. ADMIT THAT THE MASTER SERVICER NEVER ISSUED (AND DELIVERED TO PLAINTIFF BARRY S. 5.” ADMIT THAT THE CREDITOR WHO WOULD QUALIFY UNDER CALIFORNIA STATUTES TO SUBMIT A CREDIT BID AT AUCTION WAS RECEIVING PAYMENTS FROM THIRD PARTIES IN RELATION TO THE SUBJECT “LOAN.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 9. REQUESTS FOR ADMISSIONS ADMIT THAT YOU ARE NOT A CREDITOR. 2. 7. ADMIT THAT NO ASSIGNMENT OF THE ALLEGED SUBJECT LOAN WAS EVER SUPPORTED BY CONSIDERATION OR VALUE. NOT DISCLOSED TO THE PLAINTIFF BARRY S. ADMIT THAT NO ACCOUNTING OR REPORT HAS EVER BEEN ISSUED (AND DELIVERED TO PLAINTIFF BARRY S. ADMIT THAT WELLS FARGO BANK NEVER HAD THE SUBJECT LOAN ON ITS BOOKS AND RECORDS AS A LOAN RECEIVABLE. FAGAN.
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 18. 17. ADMIT THAT THIRD PARTIES HAVE MADE CONTRIBUTIONS TO PLAINTIFFS’ ACCOUNT BY WAY OF. N. ADMIT THAT REPRESENTATIONS WERE MADE TO THE SUPERIOR COURT COUNTY OF LOS ANGELES THAT THE BENEFICIARY OF THE SUBJECT LOAN IS WELLS FARGO BANK. 12. 16. ADMIT THAT. 13. ADMIT THAT THESE CONTRIBUTIONS WERE NEVER CREDITED TO PLAINTIFF’S ACCOUNT. ADMIT THAT THE ALLEGED LOAN OBLIGATION UNDER THE NOTE AND DEED OF TRUST AT ISSUE IN THIS LITIGATION IS NOT IN DEFAULT. AS THE ALLEGED “ORIGINATOR AND OWNER OF THE SUBJECT LOAN” WELLS FARGO BANK IS REQUIRED TO HAVE INDIVIDUALIZED LOAN ACCOUNTING OF THE NOTES AND DEEDS OF TRUST.A. 15. ADMIT THAT MORTGAGE PAYMENTS RECEIVED BY YOU WERE NEVER PROPERLY CREDITED TO THE PLAINTIFF’S ACCOUNT. ADMIT THAT THE “PLAINTIFF’S” ACCOUNT WAS REDUCED BY THIRD PARTY PAYMENTS. ADMIT THAT YOU NEVER HAD THE NECESSARY DOCUMENTS TO SHOW OWNERSHIP AND STATUS OF PLAINTIFF’S ACCOUNT AS THE ALLEGED CREDITOR. INSURANCE OR GOVERNMENT FUNDS. -6 10. 14. REQUEST FOR ADMISSIONS Set No. 11. 1 . ADVANCES. BUT NOT LIMITED TO. CREDIT DEFAULT SWAPS. ADMIT THAT THERE WAS NEVER ANY MEMORIALIZED MONETARY TRANSACTION BETWEEN YOU AND PLAINTIFF.
FAGAN’S CASH PAYMENTS RECEIVED. ADMIT THAT WELLS FARGO BANK. ADMIT THAT PER GAAP. FAGAN TO WELLS FARGO BANK. ADMIT THAT PAYMENTS WERE MADE BY BARRY S. Dated: .A. 27. ADMIT THAT PER GAAP. WELLS FARGO BANK IS THE OWNER OF THE SUBJECT LOAN. ADMIT THAT WELLS FARGO EARNS 100 CENTS OF EVERY DOLLAR RECEIVED FROM BARRY FAGAN’S INTEREST ONLY PAYMENTS. WHICH IDENTIFIES THE INTEREST REVENUE EARNED FROM BARRY S. 2012 __________________________________ Barry S. N. ADMIT THAT PER GAAP. WELLS FARGO BANK SHOULD HAVE ACCOUNTING ENTRIES DOCUMENTING THE RECEIPT OF BARRY S. WELLS FARGO BANK SHOULD HAVE INCOME STATEMENTS. FAGAN’S PAYMENTS TO WELLS FARGO BANK REPRESENTED INTEREST ONLY PAYMENTS. Plaintiff -7 REQUEST FOR ADMISSIONS Set No. 23. ADMIT THAT BARRY S. WELLS FARGO BANK IS NOT THE OWNER OF THE SUBJECT LOAN.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 19. 1 . ADMIT THAT PER GAAP. FAGAN INTEREST ONLY PAYMENTS. ADMIT THAT PER TITLE 12. 20. 22. IS AN FDIC INSTITUTION. 25. 26. AN FDIC INSTITUTION IS REQUIRED TO FOLLOW GENERALLY ACCEPTED ACCOUNTING PROCEDURES (GAAP). Fagan. 21. 24.