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TIMOTHY L. MCCANDLESS, ESQ.

SBN 147715
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LAW OFFICES OF TIMOTHY L. MCCANDLESS
2 13240 Amargosa Road
Victorville, California 92392
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(760) 951-3663 Telephone
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(909) 382-9956 Facsimile
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6 Attorneys for Defendant,


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Elvira Noriega

9 SUPERIOR COURT OF THE STATE OF CALIFORNIA


10 IN AND FOR THE COUNTY OF RIVERSIDE
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12 HSBC BANK USA, NATIONAL Case No.: BLU000126


ASSOCIATION, AS TRUSTEE,
13 DEFENDANT ELVIRA NORIEGA’S
Plaintiff, PRODUCTION OF DOCUMENTS TO
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PLAINTIFF HSBC BANK USA, NATIONAL
15 vs. ASSOCIATION, SET ONE

16 ELVIRA NORIEGA,
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and DOES I through X, Inclusive
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Defendant(s).
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20 PROPOUNDING PARTY: Defendant, ELVIRA NORIEGA


21 RESPONDING PARTY: Plaintiff HSBC BANK USA, NATIONAL
22 ASSOCIATION, AS TRUSTEE
23 SET NO: One
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25 TO DEFENDANTS AND ITS ATTORNEY OF RECORD:


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Production of Documents
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2 Defendant ELVIRA NOREIGA demands under California Rules of Civil Procedure that you,
3 Plaintiff HSBC BANK USA, NATIONAL ASSOCIATION, AS TRUSTEE produce all
4 DOCUMENTS, WRITINGS, papers, books, letters, photographs, objects or other tangible things
5 in the following specified categories described below, for inspection and copying of
6 photographing by Timothy L. MCCandless, attorney for Defendant at the law Offices of
7 Timothy L. McCandless located at 13240 Amargosa Road, Victorville, CA 92392 within five
8 days from the receipt of this Request for production of documents.
9 As a substitute for compliance with this request for documents YOU may deliver to the
10 above office of Defendants’ attorney on or before the date specified herein a legible copy of each
11 DOCUMENT, etc. together with a statement from YOU certifying that the copy provided is true,
12 complete, and correct copy of such DOCUMENT or DOCUMENTS.
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14 DEFINITIONS AND INSTRUCTIONS

15 A. The terms, “Plaintiff”, “YOU,” and “YOUR” refer to HSBC BANK USA, NATIONAL

16 ASSOCIATION, AS TRUSTEE and any entity owned or controlled, in whole or in part, by

17 plaintiff, and every office, employee, agent, attorney or other person acting or purporting to act

18 on behalf of the Plaintiff. To the extent these requests call for documents that are also responsive

19 to document requests served on other plaintiffs in this proceeding, it is not necessary for Plaintiff

20 to produce duplicate copies of the same documents, provided that the plaintiff makes clear in

21 his/her responses whether and which documents are being produced in response to each of the

22 document requests.

23 B. The term “document” shall include, without limitation, any tangible item in Plaintiffs’

24 possession, custody or control, or of which Plaintiff has knowledge, wherever located, whether

25 sent or received or neither, whether an original or a copy include Request for the Production of

26 Documents to o Defendant, Set One without limitation, corresponding (including e-mails)

27 memoranda printed matter, reports, records, notes, calendars, diaries, telegrams, telexes, studies,

28 market surveys, market research, tabulations, contracts, invoices, receipts, vouchers,

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Production of Documents
1 registrations, books of account or financial records, notes advertisements, trademark search
2 repots, directories, publications, computer software, computer files, databases, computer tapes
3 and printouts, Internet web pages, microfilms or the like and photographs. In all cases where
4 originals and/or non-identical copies are not available, the term “document” also means identical
5 copies of original documents and copies of non-identical copies
6 C. Whenever the terms “and” or “or” are used including in these definitions, they are to be
7 construed both disjunctively and conjunctively as necessary to bring within the scope of these
8 discovery requests responses that might otherwise be construed to be outside the scope.
9 D. The use of the singular for of any word include the plural and vice versa. References to
10 masculine gender shall apply equally to feminine gender.
11 E. The term “concerning” means relating to, referring to, describing evidencing or
12 constituting. When a request asks for documents which “concern” an allegation, you must
13 produce not only documents which support such allegations but also documents which tend to

14 negate such allegations.

15 F. In searching for responsive documents, you shall review all places where any responsive

16 documents reasonably might be expected to be.

17 G. All documents produced in an electronic formal shall be produced in their native format.

18 H. In any document required to be produced by these requests has been destroyed or

19 discarded, identify such document by (i) author or preparer, (ii) addressee, (iii) indicated or blid

20 copies, (iv) date, (v) subject matter, (vi) number of pages, (vii) attachments of appendices, (viii)

21 all persons to who it was distributed, shown or explained, (ix) date of destructive or discarding;

22 (x) manner of destruction or discarding; (xi) reasons for destruction or discarding; (xii) person

23 authorizing destruction or discarding; and (xiii) person destroying or discarding the document.

24 I. If you object to furnishing documents in response to any request, or any part of portion

25 thereof, you should specifically state the basis of such objection, identify the documents to which

26 each objection applies, and furnish all requested documents to which the objection does not

27 apply.

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Production of Documents
1 J. Any objection to any request for which a basis has not been specifically stated within the
2 time provided by the California Rules of Civil Procedure shall be waived.
3 K. For the convenience of the Court and the parties, you are requested to order and label the
4 materials produced in accordance with the California Rules of Civil Procedure.
5 L. These document requests are intended to be continuing. If at any time after you prepare
6 and furnish the requested discovery you ascertain or acquire additional responsive documents,
7 you are requested to produce such supplemental documents to Defendant.
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9 DOCUMENT REQUESTS
10 DOCUMENT REQUEST NO. 1:
11 Produce all documents which evidence, relate to, or refer to YOUR defense(s) to the
12 Complaint. This includes but is not limited to receipts, escrow documents, notes, etc.
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14 DOCUMENT REQUEST NO. 2:

15 Produce all documents which evidence any communications between YOU and Defendants.

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17 DOCUMENT REQUEST NO. 3:

18 Produce all documents which evidence, relate to, or refer to the list of endorsements relating

19 to the chain of assignments of Defendant’s Note.

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21 DOCUMENT REQUEST NO. 4:

22 Produce all solicitation documentation provided to consumers in the last five (5) years.

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24 DOCUMENT REQUEST NO. 5:

25 Produce all solicitation documents provided to Defendant within the last five (5) years.

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Production of Documents
1 DOCUMENT REQUEST NO. 6:
2 Produce all documents that evidence, relate to, or refer to any loss mitigation procedures
3 enacted by YOU in the last five (5) years.
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5 DOCUMENT REQUEST NO. 7:


6 Produce all documents that evidence, relate to or refer to your compliance with federal loss
7 mitigation requirements in the last five (5) years.
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9 DOCUMENT REQUEST NO. 8:


10 Produce all documents that evidence, relate to or refer to YOUR policy regarding any and all
11 loss mitigation procedures requirements.
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13 DOCUMENT REQUEST NO. 9:

14 Produce all documents that evidence, relate to or refer to the date YOU obtained physical

15 possession of Defendant’s Note.

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17 DOCUMENT REQUEST NO. 10:

18 Produce all documents that evidence, relate to, or refer to consideration paid by YOU for

19 Defendant’s Note.

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21 DOCUMENT REQUEST NO. 11:

22 Produce all documents that evidence, relate to or refer to each and every entity in the chain of

23 title for Defendants’ Note.

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25 DOCUMENT REQUEST NO. 12:

26 Please provide any and all documents that Evidences Discusses concerns Refers or relates to

27 your acquisition of the Note and Deed of Trust executed by Defendant.

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Production of Documents
1 DOCUMENT REQUEST NO. 13:
2 Please provide any and all documents that Evidences Discusses concerns refers or relates to
3 any assignments of the Note and Deed of Trust executed by Defendant.
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5 DOCUMENT REQUEST NO. 14:


6 With regard to any request for admissions accompanying this document request that you do
7 not unqualifiedly admit please provide all documents that Evidences, Discusses, and Concerns
8 Refers Relates or Supports or denial.
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10 DOCUMENT REQUEST NO. 15:


11 Please provide any and all documents that Evidences, Discusses, and Concerns Refers or
12 relates to any agreements expressing, identifying or limiting the authority of Defendant to act as
13 trustee.

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15 DOCUMENT REQUEST NO. 16:

16 Please provide any and all documents which were provided to YOU from the trustee that was

17 named on the Deed of Trust and had authority to commence the foreclosure process.

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Dated: October 1, 2009
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21 _____________________________
Timothy L. McCandless, Esq.
22 Attorney for Defendant,
Elvira Noriega
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Production of Documents