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Barry S. Fagan 20475 Roca Chica Dr. Mali bu, CA 90265 Phone (310) 717-1790 Fax (310) 456-6447 firstname.lastname@example.org
COURT OF THE STATE OF CALIFORNIA
COUNTY OF LOS ANGELES, WEST DISTRICT
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BARRY S. FAGAN, an individual; 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; 20475 ROCA CHICA DR., MALIBU, CALIFORNIA 90625, real property, in rem, and DOES 1 to 50, INCLUSIVE. Defendants.
) ) Case No. SC112044 ) ) SPECIALL Y PREPARED ) INTERROGATORIES
) (SET No. TWO)
) ) ) Propounding Party: Barry Fagan
) Responding Party: Wells Fargo Bank ) Defendant ) Set Number: TWO ~
22 Propounding Party: Plaintiff Barry S. Fagan Responding Party: Defendant Wells Fargo Bank: Set Number: TWO Pursuant to the provisions of Section 2030..010 of the California Code of Civil Procedure,
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Plaintiff, Barry S. Fagan hereby propounds to Defendant, Wells Fargo Bank or their
representative(s), the following specially prepared interrogatories:
010. or public entity. without limitation. trust. their agents. your investigators. employees. and shall be further taken to include YOU AND ANYONE ACTING ON YOUR BEHALF. and includes the original or a copy of handwriting. words. (b) PERSON includes a natural person. escrow agents. sounds. including letters. and further taken to specifically include. printing. organization. Wells Fargo Bank. state. business. your employees. your accountants. including the city.1 2 3 4 INTRODUCTION AND DEFINITION OF SPECIAL TERMS The instructions and definitions of terms set forth in Section 4 ("Definitions") of "FORM INTERROGA TORIES" revised and approved by the Judicial Council of California as of January 1. or may be.. your attorneys. successors-in-interest. typewriting. your servicing company." "PERSON. or symbols." (d) ADDRESS means the street address. officers. 2005. together with his respective agents. your insurance companies." B) 1) The pronoun YOU. accountants. or combinations of them.2006 pursuant to CCP §§ 2030. as Form A-l20. and every other means of recording upon any tangible thing and form of communicating or representation. and all normal English variants thereof. Seq. (c) DOCUMENT means a writing as defined in [California] Evidence Code section 250. corporation. representatives. your agents. directors. for use hereinafter in responding to the instant interrogatories. by reference. -2 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2) The term "PROPOUNDING 28 SPECIALLY PREPARED INTERROGATORIES . shall be taken to refer to the Responding Party hereinabove identified." as follows: (A) 5 6 7 8 9 10 11 12 13 (a) YOU OR ANYONE ACTING ON YOUR BEHALF includes you. each of the following PERSON. and zip code. brokers." and "ADDRESS. partnership. Fagan. pictures. firm. photostating. Et. principals. Specifically. are hereby adopted. in his capacity as an individual and as trustee of the Barry Fagan Living Trust dated November 20. relevant to these special interrogatories are: "YOU OR ANYONE ACTING ON YOUR BEHALF. incorporated and integrated herein. and anyone else acting on your behalf. their employees. PARTY" or "REQUESTING PARTY" means the Plaintiff Barry S. the terms thus defined which are. and predecessorsin-interest." "DOCUMENT. photographing. association.
4) The term "CLAIM" means the NOTICE OF DEFAULT claim filed by Defendants in the Los Angeles County Recorders Office on or about March 22. 5) The terms "WRITING" and "DOCUMENT" are used interchangeably. or sent. and "PROPERTY" each refers to that certain improved real property commonly described as 20475 Roca Chica Dr. describing. and TELEPHONE Number of the Person responsible for executing the attached March 17.: DESCRIBE in detail the production of the Plaintiff's alleged loan AUDIT showing the alleged dlefault and all documents to support that AUDIT. memoranda of telephonic or in-person communications by or with any person. transcripts.5 along with the basis for YOUR authority to institute a Non-Judicial Foreclosure action against Plaintiff. 7. or drafts of any and all of the following: records. pictures. notation. contracts or agreements.1 2 3) The terms "CONCERNS" and "CONCERNING" include referring to. responding to. ADDRESS. constituting. or marking of any kind which is part of another WRITING. alluding to. tapes. without limitation. or acknowledgments. any and all originals. drawings or sketches. commenting on. the terms "WRITING" and "DOCUMENT" each include. estimations. 2011 Notice of Default (NOD) for the Subject Property. INTERROGATORY No.2011 with Los Angeles County recorded instrument number 20110427084. or marking of any kind which is not part of another WRITING.1. copies. analyzing. in respect of. supporting. regarding. evidencing or pertaining to. telexes or cables which were prepared. or schedules. The term "DESCRIBE" means to state all information requested based on personal knowledge. showing. and approximations and to state in the response the basis or bases upon which the response is made. computer data. orders. Moreover.: due diligence assertions made in that March 17. insertion. other memoranda.2011 Declarati on of Default and Demand for Salle that was also referenced in the March 22. 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 INTERROGATORY No. symbolic. forecasts or appraisals. 28 SPECIALLY -3 PREPARED INTERROGATORIES . or computer printout. 6. and are defined as "WRITING" is defined by Section 250 of the Evidence Code. Malibu. or any WRITING which does not contain any comment. notes. mentioning. discussing. any WRlTING which contains any comment. insertion. information and belief including but not limited to known facts. DESCRIBE in detail all of the documents used for the INTERROGATORY No. The terms "SUBJECT PROPERTY". about. is to be considered a separate and distinct WRITING. letters. addition. recorded. or films. invoices. photographs.2011 Declaration of Default as required by sections 2923. or written materials of any nature whatsoever.3. California 90265. computer programs. or other graphic. or recordings. opinions. As used in this Request. diaries or reports. telegrams. addition. drafted. reflecting.: Please IDENTIFY the NAME.2. received. connected with. summaries. notation.
I am propounding to Defendant Wells Fargo Bank the foregoing Special Interrogatories.1 known or suspected by Wells Fargo Bank or any of your officers. 10 11 12 l3 DECLARATION DECLARATION OF BARRY S. 6. I have personally examined each of the questions in this set of Special Interrogatories. on whose instruction was the trustee instructed to act. Fagan Plaintiff -4 _ SPECIALLY PREPARED INTERROGATORIES . I am familiar with the issues of this case. declare the following to be true and correct to the best of my knowledge. and. 18 4. 17 3. inclusive. S. at Malibu. or servants of your company who might possess or claim knowledge under the subject loan or mortgage and/or note. or the attorney for the party to whom it is directed. California. if called upon as a witness. TWO of Specially Prepared Interrogatories. Set Two.: DESCRIBE if any investor/certificate holder approve or authorize the initiation of foreclosure proceedings on Plaintiffs property? Describe who noticed the default. 3 4 5 6 7 8 9 This concludes Plaintiff's Set No. I am an attorney duly licensed to practice in the State of California.4. 24 25 EXECUTED this 24th day of June 2011. person or entity contractors or other agents. employees. Who held the security interest at the time the default was noticed? Who was responsible for ensuring California Code Section 2923.: DESCRIBE and identify any party. 16 2. 26 27 28 ___ /s/BarryFagan Barry S. 19 5.010. such as to harass the party. This is the second set of Special Interrogatories I have propounded on Defendant Wells Fargo Bank in this proceeding. or to 21 cause unnecessary delay or needless increase in the cost of litigation. INTERROGATORY No. FAGAN I.5 requirements were satisfied prior to filing such document. and there has heretofore been no discovery 20 compliance by Wells Fargo Bank as of this date by the parties in this case. I could competently testify thereto from my own personal knowledge 14 as follows: 1. independent 2 INTERROGATORY No. 22 I declare under penalty of perjury under the laws of the State of California that the foregoing is 23 true and correct. numbered 1 through 5. Defendant's written responses shall be due in accordance with the applicable provisions of Code of Civil Procedure § 2030. which contains 5 questions. Barry Fagan. and I am presently 15 representing myself in the instant action. None of the requests in this set of interrogatories is being propounded for any improper purpose.
5 is not necessary to proceed with preparing and processing a notice of default. beneficiary. 18700 NW Walker Road #92 Beaverton.NOTICE OF DEFAULT DECLARATION PURSUANT TO CALIFORNIA CIVIL CODE 2923.5(h)(3). 2003 and December 31. N.A. CA. the proceedings have not been This loan is exempt. or entity whose primary Business is advising people who have decided to leave their homes on how to extend the foreclosure process and avoid their contractual obligations to mortgagees or beneficiaries pursuant to CA Civil Code 2923.5(h)(1). One of the below necessary requirements was met by the mortgagee or beneficiary: The mortgagee or beneficiary has made contact with the borrower pursuant to CA Civil Code 2923(a)(2). X Due Diligence to contact the borrower was exercised 2923.5(h)(2). This Declaration is required for any residential owner occupied property in which the loan was originated between January 1.5(g)(2) by the mortgagee or beneficiary. or authorized agent represent and declare that the requirements ofCA Civil Code 2923. . person. Dated: Wells Fargo Bank 000061. You are instructed that compliance with Civil Code §§ 2923.5 have been met. beneficiary. The borrower has contacted with an organization. 90265 Debtor Number: 175263872 Account Number: 65065058255341998 The undersigned mortgagee. OR 97006 BARRY FAGAN 20475 ROCA CHICA DR MALIBU. pursuant to CA Civil Code The borrower has surrendered the property as evidenced by either a letter confirming the surrender or delivery of the keys to the property to the mortgagee. 2007. or authorized agent pursuant to CA Civil Code 2923. Trustee. The borrower has filed for bankruptcy and finalized pursuant to CA Civil Code 2923.5 Wells Fargo Bank. Contact with the borrower was made in person or by telephone to assess the borrower's financial situation and explore options for the borrower to avoid foreclosure.
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