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com 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Propounding Party: Plaintiff Barry S. Fagan 22 Responding Party: Defendant Wells Fargo Bank: Set Number: ONE 23 Pursuant to the provisions of Section 2030.010 of the California Code of Civil Procedure, 24 25 26 27 28
SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, WEST DISTRICT
) ) ) ) Plaintiff, ) vs. ) ) WELLS FARGO BANK, a national ) banking association; AMERICAN ) SECURITIES COMPANY; a California ) ) Corporation; T.D. Service Company; A ) California Corporation; EBERT ) APPRAISAL SERVICE INC. a California ) corporation; MALIBU, CALIFORNIA ) 90625, real property, in rem, and DOES 1 to ) ) 50, INCLUSIVE. ) Defendants. BARRY S. FAGAN, an individual;
Case No. SC112 SPECIALLY PREPARED INTERROGATORIES (SET No. ONE) Propounding Party: Barry Fagan Plaintiff Responding Party: Wells Fargo Bank Defendant Set Number: ONE
Plaintiff, Barry S. Fagan hereby propounds to Defendant, Wells Fargo Bank or their
representative(s), the following specially prepared interrogatories:
SPECIALLY PREPARED INTERROGATORIES
association. escrow agents. photographing. 2006 pursuant to CCP §§ 2030. your accountants. (c) DOCUMENT means a writing as defined in [California] Evidence Code section 250. 20 B) 21 22 23 1) The pronoun YOU. including letters. or public entity. and shall be further taken to include YOU AND ANYONE ACTING ON YOUR BEHALF. 26 27 28 officers. words. accountants. pictures. their employees." "DOCUMENT. for use hereinafter in responding 6 to the instant interrogatories. 2005. Seq. Fagan. the terms thus defined which are. 24 Wells Fargo Bank. organization. firm." "PERSON. your insurance companies. sounds. their agents. incorporated and integrated herein.” (d) ADDRESS means the street address. including the city. and includes the original or a copy of handwriting." and "ADDRESS. employees. your investigators.. your servicing company. 7 8 relevant to these special interrogatories are: "YOU OR ANYONE ACTING ON YOUR BEHALF. or symbols. trust. 25 and predecessors-in-interest. representatives. and all normal English variants thereof. and every other means of recording upon any tangible thing and form of communicating or representation. typewriting. directors. corporation. as Form FI-120. Et. brokers. or combinations of them. in his capacity as an individual and as trustee of the Barry Fagan Living Trust dated November 20. printing. without limitation. -2 SPECIALLY PREPARED INTERROGATORIES . principals. your employees. shall be taken to refer to the Responding Party hereinabove identified. is hereby 5 adopted. and zip code. 2) The term “PROPOUNDING PARTY” or “REQUESTING PARTY” means the Plaintiff Barry S. Specifically. your attorneys. partnership. and anyone else acting on your behalf. and further taken to specifically include. state. business." as follows: 9 10 11 12 13 14 15 16 17 18 19 (b) PERSON includes a natural person.1 INTRODUCTION AND DEFINITION OF SPECIAL TERMS 2 The instructions and definitions of terms set forth in Section 4 ("Definitions") of "FORM 3 INTERROGATORIES" revised and approved by the Judicial Council of California as of 4 January 1. or may be. by reference. successors-in-interest. your agents. photostating. together with his respective agents. each of the following PERSON." (A) (a) YOU OR ANYONE ACTING ON YOUR BEHALF includes you.010.
discussing. received. in respect of. telexes or cables which were prepared. and approximations and to state in the response the basis or bases upon which the response is made. water. 8 originals. or 10 11 12 13 14 15 6. drafted. photographs. building and safety. and are defined the terms "WRITING" and “DOCUMENT” each include. evidencing or pertaining to. constituting. insertion. computer programs. connected with. 18 7. Moreover. memoranda of telephonic or in-person communications by or with any person. alluding to. drawings or sketches. addition. 4 4) The term “CLAIM” means the NOTICE OF DEFAULT claim filed by Defendants in the 5 6 Los Angeles County Recorders Office on or about March 2. tapes. or marking of any kind which is not part of another WRITING. notation. recorded. 5) The terms "WRITING" and “DOCUMENT” are used interchangeably. state. county. The terms "SUBJECT PROPERTY". analyzing. supporting. diaries or reports. addition. forecasts or appraisals. 3 regarding. California 90265. As used in this Request. or other graphic. or federal 21 governmental agency that exercises regulatory and\or control over conditions and laws CONCERNING housing. contracts or agreements. 22 and\or discrimination. notes. telegrams. without limitation. pictures. 2 responding to. The term “GOVERNMENTAL AGENCY” refers to any local. or marking of any kind which is part of another WRITING. mentioning. opinions. symbolic. 17 estimations. describing. about. copies. labor. health. computer data. or drafts of any and all of the following: records. 20 8. reflecting. showing. information and belief including but not limited to known facts. or written materials of any nature whatsoever. or films. insertion. is to be considered a separate and distinct WRITING. The term "DESCRIBE" means to state all information requested based on personal 16 knowledge. elevators. commenting on. other memoranda. or sent. or recordings. transcripts.1 3) The terms “CONCERNS” and “CONCERNING” include referring to. or any WRITING which does not contain any comment. orders. any WRITING which contains any comment. or computer printout. 23 // 24 // 25 acknowledgments. and "PROPERTY" each refers to that certain 19 improved real property commonly described as Malibu. letters. 26 27 28 -3 SPECIALLY PREPARED INTERROGATORIES . any and all 7 as “WRITING” is defined by Section 250 of the Evidence Code. 2011 with Los Angeles County recorded instrument number 2011. air-quality. notation. summaries. invoices. or 9 schedules.
employees. Service Company. independent contractors or other agents. or servants of your company who might possess or claim rights under 10 the subject loan or mortgage and/or note. INTERROGATORY No. 6: DESCRIBE your business relationship with 16 American Securities Company and with T. 5. 9.: DESCRIBE your relationship to the Subject PROPERTY 5 and state with particularity every fact and legal theory on which the Defendant relies on or will 6 rely to support the allegation that each Transfer made of Plaintiff’s Deed of Trust along with the 7 Note was legitimate. 17 INTERROGATORY No.: Please IDENTIFY the owner of the SUBJECT PROPERTY as of the date of filing of the Notice of Default (NOD).: DESCRIBE any and all Appraisals that YOU OR ANYONE ACTING ON YOUR BEHALF received CONCERNING the SUBJECT 20 PROPERTY within the past six(6) years.D.: DESCRIBE if any investor/certificate holder approve 12 or authorize the initiation of foreclosure proceedings on Plaintiff's property? Describe who noticed the default. INTERROGATORY No. 3. 1. 7. 8. 15 INTERROGATORY NO. 8 11 INTERROGATORY No. 4.1 2 INTERROGATORY No.: DESCRIBE the basis for YOUR authority to institute 3 a Non-Judicial Foreclosure action against Plaintiff.: IDENTIFY each and every PERSON who has personal knowledge of any Appraisals YOU OR ANYONE ACTING ON YOUR BEHALF commissioned or received concerning the SUBJECT PROPERTY within the past six (6) years.: DESCRIBE any and all Appraisals that YOU OR ANYONE ACTING ON YOUR BEHALF commissioned CONCERNING the SUBJECT 18 PROPERTY within the past six (6) years. 19 INTERROGATORY No.: DESCRIBE and identify any party. person or entity 9 known or suspected by Wells Fargo Bank or any of your officers. 4 INTERROGATORY No. Who held the security interest at the time the default was noticed? Who was responsible for ensuring California Code Section 2923. 26 // 27 28 -4 SPECIALLY PREPARED INTERROGATORIES . 21 22 23 24 25 // INTERROGATORY No. on whose instruction was the trustee instructed to act and what 13 trustee or entity acted. 2.5 requirements were 14 satisfied prior to filing such document.
13. provide a brief statement 14 concerning what the nature of that person’s testimony will be at trial. in whole or in part.: DESCRIBE each and every communication given by YOU OR ANYONE ACTING ON YOUR BEHALF to PLAINTIFF concerning the SUBJECT PROPERTY from January 1.: IDENTIFY each and every PERSON (with the exception of expert and rebuttal witnesses) that YOU intend to call as a witness to 13 testify during the trial in the instant action. 10. and for each PERSON.: IDENTIFY each and every DOCUMENT that embodies or memorializes. INTERROGATORY No. 1752 as referenced to in the March 2. INTERROGATORY No. 2005. any communication between YOU OR 7 ANYONE ACTING ON YOUR BEHALF and PLAINTIFF relating to the SUBJECT PROPERTY from January 1. 11. telephone and title of Wells INTERROGATORY No.: DESCRIBE each and every communication RECEIVED by YOU OR ANYONE ACTING ON YOUR BEHALF from PLAINTIFF relating to the SUBJECT PROPERTY from January 1. 24 25 // 26 // 27 28 -5 SPECIALLY PREPARED INTERROGATORIES . to the present. INTERROGATORY No. 2005. 15: Fargo Bank employee D W. 16: IDENTIFY the reason why the Plaintiff’s original Wells Fargo Bank loan number was changed in the March 2. 17: IDENTIFY the true name. 8 6 9 10 11 12 INTERROGATORY No. 18: IDENTIFY the Title Policy number as written by 23 American Title for Plaintiff’s May 2007 loan # and further IDENTIFY the true name of the ENTITY that funded the Plaintiff’s loan through the FED WIRE TRANSFER. 15 16 17 INTERROGATORY NO. 2005. 14. to the present. F52 CA code F.S. 2005. 20 22 INTERROGTORY No. to the present. 19 INTERROGATORY No. to the present. NO. IDENTIFY the address. 2011 NOTICE OF DEFAULT 18 recorded number 2011 to loan number 099 with a T. address and telephone number of Investor No. 12.1 2 3 4 5 INTERROGATORY No.: IDENTIFY each and every PERSON who has personal knowledge of any communication between YOU OR ANYONE ACTING ON YOUR BEHALF and PLAINTIFF relating to the SUBJECT PROPERTY from January1. 2011 Notice of Default 21 recorded number 2011.
and. I am familiar with the issues of this case. Set One. EXECUTED this day of 2011. which contains 18 questions. 3. One of Specially Prepared Interrogatories. 6. _________________________________ Barry S. I could competently testify thereto from my own personal knowledge as follows: 1. California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. I have personally examined each of the questions in this set of Special Interrogatories. and I am presently representing myself in the instant action. or the attorney for the party to whom it is directed. I am propounding to Defendant Wells Fargo Bank the foregoing Special Interrogatories. Barry Fagan. such as to harass the party. numbered 1 1 through 18. and there has heretofore been no discovery conducted by the parties in this case. 3 4 DECLARATION 5 DECLARATION OF BARRY S. None of the requests in this set of interrogatories is being propounded for any improper purpose. 2. FAGAN 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -6 I. Defendant’s written responses shall be due in accordance with the 2 applicable provisions of Code of Civil Procedure § 2030. Fagan Plaintiff SPECIALLY PREPARED INTERROGATORIES . if called upon as a witness. at Malibu. 4.010. This is the first set of Special Interrogatories I have propounded on Defendant Wells Fargo Bank in this proceeding. I am an attorney duly licensed to practice in the State of California. inclusive. 5. declare the following to be true and correct to the best of my knowledge.This concludes Plaintiff’s Set No. or to cause unnecessary delay or needless increase in the cost of litigation.
INC. NATIONAL ASSOCIATION Address: 101 N PHILLIPS AVENUE SIOUX FALLS SD 57104 Agent for Service of Process: CORPORATION SERVICE COMPANY WHICH WILL DO BUSINESS IN CALIFORNIA AS CSC . 4. 4451 SPECIALLY PREPARED INTERROGATORIES . SERVICE COMPANY Address: 1820 E. I am not a party to the within entitled action. FIRST STREET.1 2 3 PROOF OF SERVICE STATE OF CALIFORNIA. I served the within documents described as: 4 the age of eighteen years. MALIBU. I am over address is: . DOBIESZ Agent Address: 1820 E. COUNTY OF LOS ANGELES I reside and/or am employed in the County of Los Angeles. my business 5 6 On 7 Specially Prepared Interrogatories Set No. D. real property. SUITE 317 OAK PARK CA 91377 Agent for Service of Process: JAMES A EBERT Agent Address: 638 LINDERO CYN #317 OAK PARK CA 91377. CALIFORNIA 90625. State of California. 2011. SANTA ANA CA 92705 Agent for Service of Process: PATRICK J. FIRST STREET. address as follows: 8 On the interested party(ies) in this action by placing a true copy thereof enclosed in a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -7 1. Assessor's Parcel No.LAWYERS INCORPORATING SERVICE Agent Address: 2730 GATEWAY OAKS DR STE 100 SACRAMENTO CA 95833.LAWYERS INCORPORATING SERVICE Agent Address: 2730 GATEWAY OAKS DR STE 100:SACRAMENTO CA 95833. SUITE 210. Address: 638 LINDERO CYN RD. T. 2. in rem. 1 as Propounded on Wells Fargo Bank sealed envelope. 5. 11TH FLOOR SAN FRANCISCO CA 94103 Agent for Service of Process: CORPORATION SERVICE COMPANY WHICH WILL DO BUSINESS IN CALIFORNIA AS CSC .EBERT APPRAISAL SERVICE. 3. SUITE 300 SANTA ANA CA 92705. WELLS FARGO BANK.AMERICAN SECURITIES COMPANY Entity Number: C0105289 Address:201 3RD STREET.
California.1 with postage thereon fully prepaid and caused same to be deposited in the United States . 2 Mail at 3 4 [ 5 6 I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. ] By Personal Service [ ] By First Class Mail 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -8 Name: Signature: SPECIALLY PREPARED INTERROGATORIES .
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