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Sample Request for Production of Documents (SUBSTITUTE TRUSTEE)

Sample Request for Production of Documents (SUBSTITUTE TRUSTEE)

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Published by Barry Fagan Esq.
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SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, WEST DISTRICT

1 Barry S. Fagan

20475 Roca Chica Dr.

2 Malibu, CA 90265

Phone (310) 717-1790

3 Fax (310) 456-6447 pendinglawsuit@yahoo.com

9
10 ) Case No. SCl12044
BARRY S. FAGAN, an individual; )
) REQUEST FOR PRODUCTION OF
11 Plaintiff, ) DOCUMENTS
12 vs. ) (CCP § 2031.010)
)
13 WELLS FARGO BANK, a national banking
4 5 6 7 8

SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, WEST DISTRICT

1 Barry S. Fagan

20475 Roca Chica Dr.

2 Malibu, CA 90265

Phone (310) 717-1790

3 Fax (310) 456-6447 pendinglawsuit@yahoo.com

9
10 ) Case No. SCl12044
BARRY S. FAGAN, an individual; )
) REQUEST FOR PRODUCTION OF
11 Plaintiff, ) DOCUMENTS
12 vs. ) (CCP § 2031.010)
)
13 WELLS FARGO BANK, a national banking

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SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF LOS ANGELES, WEST DISTRICT

1 Barry S. Fagan

20475 Roca Chica Dr.

2 Malibu, CA 90265

Phone (310) 717-1790

3 Fax (310) 456-6447 pendinglawsuit@yahoo.com

9
10 ) Case No. SCl12044
BARRY S. FAGAN, an individual; )
) REQUEST FOR PRODUCTION OF
11 Plaintiff, ) DOCUMENTS
12 vs. ) (CCP § 2031.010)
)
13 WELLS FARGO BANK, a national banking ) Propounding Party: Barry Fagan
association; AMERICAN SECURITIES )
COMPANY; a California Corporation; T.D. ) Plaintiff
14 )
Service Company; A California Corporation; ) Responding Party: T .D. SERVICE
15 EBERT APPRAISAL SERVICE INC. a ) COMPANY
16 California corporation; 20475 ROCA CHICA ) Defendant
DR., MALIBU, CALIFORNIA 90625, real )
17 property, in rem, and DOES 1 to 50, ) Set Number: ONE
INCLUSIVE. )
)
18 Defendants. ) DATE FILED: APRIL 1,2011
19 TRIAL DATE: None set.
20
21 Propounding Party: Plaintiff Barry S. Fagan
22 Responding Party: Defendant T .D. Service Company: Set Number: ONE

23

In accordance with the provisions of Section 2031.010 of the California Code of Civil 24

25 Procedure, Plaintiff Barry S. Fagan hereby requests and requires that T .D. Service Company or

26 their representative(s), produce documents, as hereinafter indicated

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REQUEST FOR PRODUCTION OF DOCUMENTS

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revised and approved by the Judicial Council of California as of January 1,2006, pursuant to

And identified, which are in the possession, care, custody, or control of T.D. Service

2 Company and mailed to Plaintiff's residence located at 20475 Roca Chica Dr.

Malibu, CA 90265.

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Specially Defined Terms

Unless otherwise indicated, the following definitions shall be applicable to this Notice for

Production of Documents and the Instructions contained herein: The instructions and

definitions of terms set forth in Section 4 ("Definitions") of "FORM INTERROGATORIES" 8

9

10 CCP §§ 2030.010 and 2033.5, as Form FI-120, are hereby adopted, incorporated and integrated

11 herein, by reference, for use hereinafter. Specifically, the terms thus defined which are, or may 12 be relevant to these requests for production of documents are: "YOU OR ANYONE ACTING

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ON YOUR BEHALF," "PERSON," "DOCUMENT," and "ADDRESS," as follows:

(A)

(a) YOU OR ANYONE ACTING ON YOUR BEHALF includes you, your agents, your employees, your insurance companies, their agents, your servicing company, their employees, your attorneys, your accountants, your investigators, and anyone else acting on your behalf.

(b) PERSON includes a natural person, firm, association, organization, partnership, business, trust, corporation, or public entity.

(c) DOCUMENT means a writing as defined in [California] Evidence Code section 250, and includes the original or a copy of handwriting, typewriting, printing, photostating, photographing, and every other means of recording upon any tangible thing and form of communicating or representation, including letters, words, pictures, sounds, or symbols, or combinations of them."

(d) ADDRESS means the street address, including the city, state, and zip code."

I I

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REQUEST FOR PRODUCTION OF DOCUMENTS

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B)

In addition to the foregoing definitions adopted and incorporated by reference, the following terms are specially defined for the purposes of these requests for production:

1) The pronoun YOU, and all normal English variants thereof, shall be taken to refer to the Responding Party hereinabove identified, and shall be further taken to include

YOU AND ANYONE ACTING ON YOUR BEHALF, and further taken to specifically include, without limitation, each of the following PERSON;

7 T .D. Service Company: together with his respective agents, brokers, employees, principals, officers, directors, representatives, accountants, escrow agents, successors-in-interest, and predecessors-in-interest.

8

2) The term "PROPOUNDING PARTY" or "REQUESTING PARTY" means the Plaintiff Barry S. Fagan, in his capacity as an individual and as Trustee of the Barry Fagan Living Trust.

3) The terms "CONCERNS" and "CONCERNING" include referring to, alluding to, responding to, connected with, commenting on, in respect of, about, supporting, regarding, discussing, showing, describing, mentioning, reflecting, analyzing, constituting, evidencing or pertaining to.

4) The term "CLAIM" means the DECLARATION OF DEFAULT AND DEMAND FOR SALE, NOTICE OF DEFAULT, SUBSTITUTION OF TRUSTEE claim recorded by Defendants in the County of Los Angeles on or about March 22, 2011, and April 29, 2011.

5) The terms "WRITING" and "DOCUMENT" are used interchangeably, and are defined as "WRITING" is defined by Section 250 of the Evidence Code. As used in this Request, the terms "WRITING" and "DOCUMENT" each include, without limitation, any and all originals, copies, or drafts of any and all of the following: records, notes, summaries, or schedules; contracts or agreements; drawings or sketches; invoices, orders, or acknowledgments; diaries or reports; forecasts or appraisals; memoranda of telephonic or in-person communications by or with any person; other memoranda, letters, telegrams, telexes or cables which were prepared, drafted, received, or sent; tapes, transcripts, or recordings; photographs, pictures, or films; computer programs, computer data, or computer printout; or other graphic, symbolic, recorded, or written

materials of any nature whatsoever. Moreover, any WRITING which contains any comment,

notation, addition, insertion, or marking of any kind which is not part of another WRITING, or any WRITING which does not contain any comment, notation, addition, insertion, or marking of any kind which is part of another WRITING, is to be considered a separate and distinct WRITING.

6.

The term "act" as used herein includes acts of every kind and description.

7. The term "identify" or "describe" when used in reference to a "document" means to state:

a. The type of document (e.g., letter, memorandum, report, electronic mail records, notes,

etc.);

b. The date of the document;

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REQUEST FOR PRODUCTION OF DOCUMENTS

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c. The name of the parties or parties who originated the document, their past or present

position with the defendants, their general duties and responsibilities, their current physical location with the company, and their e-mail, telephone number and telephone extension;

d. The name and address of the current custodian of the document;

e. The name and current address of each signatory thereon;

f. The reason, in detail, for the preparation of the document;

4 g. The subject or subjects covered by the document;

h. The names, business addresses and titles of the persons to

whom the document writing was directed; and

6 i. The name and address and title of each person who originated,

read or received the document.

2

3

5

8. The term "identify" or "describe" when used in reference to a "document" means to state:

a. The type of document (e.g., letter, memorandum, report, electronic mail records, notes,

etc.);

b. The date of the document;

c. The name of the parties or parties who originated the document, their past or present position with the defendants, their general duties and responsibilities, their current physical location with the company, and their e-mail, telephone number and telephone extension;

d. The name and address of the current custodian of the document;

e. The name and current address of each signatory thereon;

f. The reason, in detail, for the preparation of the document; g. The subject or subjects

covered by the document;

h. The names, business addresses and titles of the persons to

whom the document writing was directed; and

i. The name and address and title of each person who originated, read or received the document.

9. The term "identify" as used herein in connection with a "person" or

"persons" means to state the names, titles, the present employer of such "person" or "persons," the relationship of such person or persons to any of the defendants, and such person's current business address and business telephone number.

10. The term "identify" as used herein with respect to or in connection with an "act" means to:

a. Furnish the date and place of the act;

b. Identify the person acting, the person for whom the act was performed, and the person against whom the act was directed; and

c. Describe in detail the act.

11. The terms "describe" or "state" as used herein means:

a. Describe or state fully by reference to underlying facts rather than by ultimate facts or

conclusions of law.

b. Particularize as to the: Time; Date; Manner; and Place

12. The term oral communication as used herein means and include any face-to-face

conversation, meeting, conference, telephone conversation, cell-phone conversation, computer conversation with voice mail, or anyone for more of these or related devices.

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REQUEST FOR PRODUCTION OF DOCUMENTS

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REQUEST FOR PRODUCTION OF DOCUMENTS

13. The term "person" or "persons" as used herein means and includes all natural persons, public and private corporations, associates, wholly owned affiliates or subsidiary corporations or any other form of a business association, and any other type of entity and the agents, employees, officers, deputies and representatives thereof.

14. The terms "you" or "your" as used herein shall refer to anyone or all of the named defendants and any related or affiliated companies associated in any way therewith.

15. All requests shall be deemed to include any documents made by, held by, or maintained in the files of any predecessor, successor, employee, agent or assignee of either one or all of the Plaintiffs.

8 16. The term "the transaction" or "the transactions" or "account" or "accounts" when used

9 herein without qualification means the transactions and accounts between or the term "oral communication" as used herein means and includes any face among the Plaintiff and the named 1 0 defendants and all related activities and agents or assigns of either party.

11

17. Each of the following requests for production of documents and interrogatories is intended to be a continuing request to produce and answer. As a result, the Plaintiff hereby demands that, in the event that at any later date you obtain any additional facts, or form any conclusions, opinions or contentions different from those set forth in your responses herein, then you shall amend your answers to such responses and document production promptly and sufficiently in

14 advance of any trial date, to fully set forth such differences and to produce and documents in

connection therewith.

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18. In accordance with the Rules of Civil Procedure any and all objections and/or Claims of Privilege must be specifically stated, 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 ruling may be made on the item by the court. Failure to do so may result in waiver of said objections.

19. You are requested to serve on the undersigned, a statement of: the names and addresses of witnesses (OTHER THAN A PARTY WHO IS AN INDIVIDUAL) you intend to call at trial; a description of physical evidence you intend to offer; and a description and copies of documentary evidence you intend to offer or, if the documents

22

are not available to you, a description of them. Witnesses and

evidence that will be used only for impeachment need not be included. YOU WILL NOT BE PERMITTED TO CALL ANY WITNESS, OR INTRODUCE ANY EVIDENCE, NOT

24 INCLUDED IN THE STATEMENT SERVED IN RESPONSE TO THIS REQUEST, EXCEPf AS OTHERWISE PROVIDED BY LAW.

23

25

26 Please label each document produced with the specific document request number

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1

ITEMS TO PRODUCE

2 1. Please produce copies of all civil actions, adversary proceedings, or administrative proceedings that have been filed against YOU at any time in the past 60 months for any alleged 3 misconduct related to NON-JUDICIAL FORECLOSURES filed by TD Service Company.

4 2. Please identify each and every witness that you intend to call at the trial of this matter and

5 summarize the anticipated testimony of each such witness.

6 3. Please attach copies of each and every document that you intend to use or to seek to

introduce into evidence at the trial of this matter.

7

4. Please produce all insurance policies obtained to insure against any loss regarding the

8 instant account.

9

5. Please produce an original Promissory Note from the alleged loan that had been signed by

10 Plaintiff.

11 6. Please produce all documents (including all computer or digital media-stored data)

relating to Plaintiff, and the alleged transaction andlor account, or which are indexed, filed or 12 retrievable under Plaintiff's name or any number, symbol, designation or code (such as a 13 transaction number or tax ID number) assigned to Plaintiff or to the subject account, including but not limited to all documents relating to the approval of all written applications and 14 agreements between Wells Fargo Bank and Barry S Fagan, and all correspondence related to the a,lleged subject account.

15

16 7. 17

Please produce all documents identified in your answer to Interrogatory No. 4.1.

8. Please produce all documents identified in your answer to Interrogatory No. 17.1 request

18 number 5 that gave TD SERVICE COMPANY its ATTORNEY in FACT AUTHORITY as executed in TD SERVICE COMPANY's MARCH 21, 2011 SUBSTITUTION OF TRUSTEE.

19

20 9. Please produce all documents identified in your answer to Interrogatory No. 17.1 request

number 6 that gave TD SERVICE COMPANY its AUTHORIZATION TO ACT AS AGENT 21 FOR DEFENDANT WELLS FARGO BANK N A or TRUSTEE as indicated in your answer.

22 10. Please produce all documents identified in your answer to Interrogatory No. 17.1 request number 8 that was "EXECUTED by an INDIVIDUAL on BEHALF of WELLS FARGO BANK 23 on March 17,2011" that gave TD SERVICE COMPANY its AUTHORIZATION TO ACT AS 24 AGENT FOR DEFENDANT WELLS FARGO BANK NA or TRUSTEE as indicated in your

answer.
25
II
26 II
II
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REQUEST FOR PRODUCTION OF DOCUMENTS

1

-7

REQUEST FOR PRODUCTION OF DOCUMENTS

11. Please produce all documents dated March 17,2011 that TD SERVICE COMPANY has

2 in its admitted possession and entitled DECLARATION OF DEFAULT AND NOTICE OF SALE. See TD SERVICE COMPANY RESPONSES to Plaintiff's Request for Admissions #8 and TD SERVICE COMPANY Response to Form Interrogatories number 17.1 request number

8.

3

4

5 12. Please produce any and all WRITINGS or DOCUMENTS CONCERNING any

communications YOU have received from the Defendant Wells Fargo Bank concerning the 6 alleged account referenced in the CLAIM.

7 13. Please produce any and all WRITINGS or DOCUMENTS CONCERNING any

communications YOU have transmitted to the DEFENDANT WELLS FARGO BANK 8 CONCERNING the alleged account referenced in the CLAIM.

9

14. Please produce any and all Appraisals as indicated in TD SERVICE COMPANY's May

10 9,2011 and May 10,2011 PAYOFF STATEMENT which indicated a $987.00 APPRAISAL FEE, but was incorrectly denied by TD SERVICE COMPANY as to even being in existence as 11 found TD SERVICE COMPANY'S RESPONSE to Plaintiff's SPECIALLY PREPARED INTERROGATORIES numbers 7, 8, and 9 and received by the Plaintiff from the Defendant on 12 May 18,2011.

13

15. Please produce any and all INVOICES as indicated in TD SERVICE COMPANY's May 9, 14 2011 and May 10,2011 PAYOFF STATEMENT LETTERS to PLAINTIFF which indicated a $987.00 APPRAISAL FEE CHARGE, but was incorrectly denied by TD SERVICE COMPANY 15 as to even being in existence as found in TD SERVICE COMPANY'S RESPONSES to

16 Plaintiff's SPECIALLY PREPARED INTERROGATORIES numbers 7, 8, and 9 and received by the Plaintiff from the Defendant on May 18,2011.

17

16. Please produce any and all credit report(s) Defendant obtained from any credit reporting

18 agency concerning the Plaintiff.

19 17. Please produce any and all notes, memoranda, or likewise, be they handwritten,

20 computerized, or typed, regularly kept in the normal transaction and business of conducting NON-JUDICIAL FORECLOURES that relate to the PLAINTIFF and/or the alleged "Account".

21 22

23 Dated: May 19,2011 24

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Plaintiff

6 7

On May 19,2011, I served the within documents described as:

1 2

3 STATE OF CALIFORNIA, COUNTY OF LOS ANGELES

PROOF OF SERVICE

4 I reside and/or am employed in the County of Los Angeles, State of California. I am over 5 the age of eighteen years; I am not a party to the within entitled action; my business address is:

REQUEST FOR PRODUCTION OF DOCUMENTS SET No.1 8

9 On the interested party(ies) in this action by placing a true copy thereof enclosed in a sealed envelope, address as follows:

10

T. D. SERVICE COMPANY Address: 1820 E. FIRST STREET, SUITE 210, SANTA ANA CA 11 92705;ct8 Richard S. Sto~.t(()rney for T.D. Service Company 1 900 S. Northfolk St. Suite

350, San Mateo, CA 94403 C/O Lawrence 1. Dreyfuss The Dreyfuss Firm, PLC 7700 Irvine 12 Center Drive #710 Irvine, CA 92618

13

14

15 [X ] By First Class Mail

16 with postage thereon fully prepaid and caused same to be deposited in the United States Mail at Malibu, California.

17 18 19

[

] By Personal Service

20 I declare under penalty of perjury under the laws of the State of California that the 21 foregoing is true and correct.

22

23 Name: Tova Fagan 24

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REQUEST FOR PRODUCTION OF DOCUMENTS

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