JOHN S. SARGETIS (SBN: 80630) UNITED LAW CENTER 3013 Douglas Boulevard, Suite 200 Roseville, California 95661 Telephone: (916) 367-0673 Facsimile: (916) 265-9000 Attorneys for Plaintiff, Penny Parker THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF SACRAMENTO PENNY PARKER | Case No. 34-2016-00188621 | Plaintiff, | PLAINTIFF PENNY PARKER’S: | RESPONSES TO DEFENDANT'S v | SPECIAL INTERROGATORIES DEUTSCHE BANK NATIONAL TRUST CO., AS TRUSTEE MORGAN STANLEY ABS CAPITAL LINC. DOES 1-100, Inclusive, Defendants, REQUESTING PARTY: Defendant, DEUTSCHE BANK NATIONAL TRUST CO., AS. TRUSTEE MORGAN STANLEY ABS CAPITAL I INC, RESPONDING PARTY: _ Plaintiff, PENNY PARKER SET NO: ONE Plaintiff, PENNY PARKER hereby responds pursuant to California Civil Code of Procedure § 2030.010 er seg. to Special Interrogatories, Set No. One, propounded by Defendant, DEUTSCHE BANK NATIONAL TRUST CO., AS TRUSTEE MORGAN STANLEY ABS CAPITAL LINC. as follows: Plaintiff has not completed her investigation of the facts relating to this action and hav ! ‘only begun her discovery. All of responses contained herein are based only upon such) Page Lof 6 Plainiff's Responses to Defendant's Special Interrogatories, Set No. One20 at 23 information and documents that are presently available to this plaintiff. It is anticipated further discovery, independent investigation, legal research, and analysis will lead to additional information and add meaning to the known information, any and all of which can lead t substantial additions to, chat s in and variation fom the Responses set forth herein. The following responses are given without prejudice to plaintif’s right to produce any subsequently discovered documents she can later recall. Plaintiff accordingly reserves the right to change an: and all responses herein as additional documents are ascertained, analyses are made, and legal research is completed. ‘These responses are given subject to the general objections (including, but not limited to, objections concerning competency, relevancy, materiality, propriety and admissibility) tha would require the exclusion of any document and/or statement contained in any document or if any statement contained therein were produced by a witness present and testifying in court. Al such objections and grounds therefore are reserved and may be interposed at time of trial. ‘No incidental or implied admissions are intended by these responscs. The fact thal Plaintiffhas complied with these requests for production of documents or part thereof should not be taken as an admission that they accept or admits the existence of any fact set forth of presupposed, or that such responses constitutes admissible evidenee. RESPONSES TO SPECIAL INTERROGATORIES SPECIAL INTERROGATORY NO. 1 State with specificity any and all facts that support or relate to Your allegations in [14 of Your Complaint that the amount stated as being delinquent in the NOD was "materially overstated." Page 2 of 6 Plaintiff's Responses to Defendant's Special Interragatories, Set No. OneRESPONSE TO INTERROGATORY. ‘The Notice of Default of 8/8/12 is over stated as | made the following payments: The > | payments I made on the modification are as follows: $2,467.00 — cashier's type check from Patelco, dated 9/1/11 $2,311.37 = check dated 9/1/11 for October. $2,311.37 - Oowen record of payment due on 10/1/11 for November, 8 $2, 311.37 ~ Check for November 2011 for December. 8 January 2012 valid check sent for $2,311.00 — retuned, Insruance check for $5,717.15 wrongfully kept by Owen that should have been an applied to loan payments. Plaintiff had to pay $4,705.00 herself for repairs. a2 a3 [SPECIAL INTERROGATORY NO. 2: a8 Identify with specificity each and every DOCUMENT that supports YOUR answer to 15 Special Interrogatory No. 1. RESPONSE TO INTERROGATORY NO. 2: ‘The documents produced hereto as Exhibit 1. SPECIAL INTERROGATORY NO. 3: 20 List each and every payment that makes up the $11,867.74 You allege You made towards the Loan Mod as You allege in §14 of Your Complaint. Include the date, the amount and the source of the funds of each payment, 2s ‘The payments listed in No. 1 above. 25 | SPECIAL INTERROGATORY NO. 4: Identify with specificity each and every DOCUMENT that supports Your answer to Special Interrogatory No. 3, Page 3 of 6 Plaintiff's Responses to Defendant's Special Interrogatories, Set No. OneRESPONSE TO INTERROGATORY. a See documents attached as Exhibit 1 3 |SPECIAL INTERROGATORY NO. State with specificity any and all facts that support Your claim in {14 of Your complaint that ‘You "would have been able to continue making the monthly payments due but for the demand of defendant that she [You] bring the account current according to their accounting..." s |RESPONSE TO TERROGATORY NO. Thad ongoing business income from which to make the montly payments. SPECIAL IN’ ROGATORY NO. 6: a Identify with specificity each and every DOCUMENT that supports YOUR answer to a2 aa | Special Interrogatory No. 5, 24 |RESPONSE TO INTERROGATORY NO. 6: o Bank statements from Scott Trade that are possession of Scott Trade. 16 | SPECIAL INTERROGATORY NO. 7: Please identify each and every bankruptcy petition You have ever filed along with the disposition of each filing since September, 2006 to the date You respond to these Special 20 | Interrogatories RESPON: ETO INTERROGATORY NO. 7: 1 do not recall the information on my bankruptey petitions since 2006 or their disposition. The details of each petition is a public record available online with the bankruptcy court. 25 |SPECIAL INTERROGATORY NO. 8: Identify with specificity each and every DOCUMENT that supports YOUR. answer to Special Interogatory No. 7.1. 28 Page d of 6 Plaintiff's Responses to Defendant's Special Interrogatortes, Sei No. OneJRESPONSE TO INTERROGATORY. 2 Each and every document that is listed in the bankruptcy court website. 0. 3 |SPECIAL INTERROGATOR' State with specificity each and every payment You made on the Loan or Loan Mod through any of Your bankruptcies, RESPONSE TO INTERROGATORY Nt ® ‘The record of payments listed in Exhbit 2 attached hereto and as shown in the © | bankruptey petition filings that are online. spl AL INTERROG: RY NO. Identify with specificity each and every DOCUMENT that supports YOUR answer to aa | Special Interrogatory No. 9. 14 |RESPONSE TO INTERROGATORY Ni The record of payments listed in Exhbit 2 attached hereto and as shown in the bankruptey petition filings that are online. SPECIAL INTERROGATORY 1: Describe all facts surrounding the insurance claim that led to the insurance check You 20 | identify in 914 of Your complaint, RESPON: NI JRROGATORY NO. 11: 1 sent the check for the insurance claim to Oewen to sign and retum to me in December 2012 they kept and deposited the check. Since they deposited the check it should have been applied to my 2s | loan payments. 26 | SPECIAL INTERROGATORY NO. 12: Identify with specificity each and every DOCUMENT that supports YOUR answer to Special Interrogatory No. 11 Page $ of 6 Plaintiff's Responses to Defendant's Special Interrogatortes, Sei No. OneRESPO! (0.12: ETO INTERROGATORY The document attached hereto as Exhbit 3. 2 | SPECIAL INTERROGATORY NO. 13: State with specificity all facts that support Your contention in item "e" of the Prayer in Your Complaint that You are entitled to claim attomey’s fees as a measure of relief, RESPONSE TO INTERROGATORY NO. 13: 6 This is a legal question I cannot answer regarding attorney's fees and I believe I would be 2 | entitled to fees if they are allowed for in the loan documents, *° | SPECIAL INTERROGATORY NO. 14: aa Identify with specificity each and every DOCL)IML...'NT that supports YOUR answer to ae Special Intemogatory No. 13. 2 i |RESRONSE TO INTERROGATORY NO. 14: a5 ‘The loan, Deed of Trust and modification documents. 1s v7 DATED: July__, 2016 UNITED LAW CENTER as A Professional Law Corporation as 20 JOHN S. SARGETIS a1 Attorney for Plaintiff’ 22 Page 6 of 6 Plaintiff's Responses to Defendant's Special Interrogatories, Set No. Onea0 an a2 a3 Penny Parker v, Deutsche Bank. et a. SACRAMENTO SUPERIOR COURT CASE NO. 34-2016-00188621 PROOF OF SERVICE I, KATHY K. PILLADO, declare that I am a citizen of the United States, over 18 years of age, employed in Placer County, and not a party to the within action. My business address is 3013} Douglas Blvd, Suite 200, Roseville, CA 95661 I served a copy of the following document: PLAINTIFF PENNY PARKER’S RESPONSES TO DEFENDANT'S SPECIAL INTERROGATORIES, SET NO. ONE on the parties in this action by placing a copy thereof enclosed in sealed envelopes | addressed as follows [ Ronald Wi Avtar WRIGHT, FINLAY & ZAK, LLP || 907 Sir Francis Drake Boulevard | Kentfield, California 94904 | Tel: (415) 230-4350 { | Fax: (939) 477-9200 ‘Attorney for Defendant DEUTSCHE BANK — NATIONAL TRUST CO., AS TRUSTEE MORGAN STANLEY ABS CAPITAL I | Email: rarlis@wrightlegal.s © (BY FEDERAL EXPRESS) 1 caused such envelope with overnight fees paid to be deposited in a box regularly maintained by Federal Express service carrier at Roseville, CA. 0 GY MAIL) I caused such envelopes with postage thereon fully prepaid to be placed in the United States mail at Roseville, CA. © BY CERTIFIED MAIL/RETURN RECEIPT REQUESTED) | caused such envelopes with postage thereon fully prepaid to be placed in the United States mail at Roseville, CA. (XX) (BY FAX and/or E-mail) I caused such document to be sent, via Facsimile (FAX) and/or E-mail Telecommunication transmission, to the offices of the addressee, I declare under penalty. of perjury that the foregoing is true and correct. Executed a Roseville, California on July 5, 2016. Proof of Service