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V. BANK OF AMERICA, N.A. formally doing business as BC BANCORP;, and DOES 1 through 100 inclusive Defendants.

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Plaintiff ROGACIANO SANGERMAN an (Hereinafter referred as “Plaintiff”) alleges herein as follows:


and each of them. 20 21 22 23 24 25 4. NA formally doing business as BC BANCORP at all times herein mentioned was doing business in the County of Los Angeles. the Defendants. Inglewood. including but not limited to the property at issue herein. The true names and capacities of the Defendants shown herein as Does 1 through 100. 2 COMPLAINT . Hillsdale Street. were the agents and/or employees of each of the other Defendants. or unknown to Plaintiff who therefore sues said Defendants by such fictitious names and he will 14 15 16 17 18 19 amend this Complaint to include their true names when ascertained. and in doing the things herein mentioned.1 2 3 4 5 6 7 8 1. Defendant BANK OF AMERICA. 9 10 11 12 13 3. Plaintiff is informed and thereon believes and thereon alleges that Defendants are responsible contractually and otherwise or in some manner for the occurrences herein alleged. Plaintiff is informed and believes and thereon alleges that at all times mentioned. and that Plaintiff’s damages as herein alleged were proximately caused by Defendants actions. 500 E. 2. Plaintiff at all times relevant has been a resident of the County of Los Angeles. were acting within the course and scope of their authority as such agents and/or employees an with the 26 27 28 permission and consent of their authority as such. State of California and was one of the original Lender for Plaintiff’s Deed of Trust Deed and Note. State of California and the owner of Real Property. corporate or otherwise. whether their capacity be individual. CA 90302.

17 18 19 20 21 22 Plaintiff later discovered that the terms of the Loan Agreement were not what he had believed they would be. and sought assistance in obtaining a loan to purchase his home. 2006. Plaintiff would not have entered into the Agreement. all negotiations between Plaintiff and the loan broker were conducted in Spanish. and directed Plaintiff to sign the Loan Agreement. Therefore. the broker’s employee was assigned to assist Plaintiff 6 7 8 9 10 because the assistant was fluent in Spanish. 6. Plaintiff signed the Loan Agreement. and did not have anyone to translate for him. The broker’s assigned someone from the office to assist the plaintiff in acquiring a loan. / / / 23 24 25 26 27 28 / / / / / / 3 COMPLAINT . Plaintiff’s primary language being Spanish. Relying on the broker’s representations. Plaintiff’s financial condition has been substantially worsened. As a result of entering into this agreement.1 2 3 4 5 5. Plaintiff speaks virtually no English. written entirely in English. 11 12 13 14 15 16 Eventually. Plaintiff contacted a real estate broker. the loan broker acquired a Loan Agreement for Plaintiff. On or about October 27. 7. Consequently. Had Plaintiff understood fully the terms of the Agreement. The loan broker never provided Plaintiff with a Spanish translation of the Loan Agreement.

1 2 3 4 5 6 7 8 CAUSE OF ACTION: RESCISSION [California Civil Code §1632(b)(4)] (Against all Defendants) 8.” California Civil Code §1632(b)(4) specifies that the statue applies to “a 14 15 16 17 18 19 loan or extension of credit for use primarily for personal. orally or in writing. Tagalog. or household purposes where the loan or extension of credit is subject to the provisions of Article7 (commencing with Section 10240) of Chapter 3 or Part 1 of Division 4 of the Business and Professions Code. Or Division 9 (commencing with Section 22000) of the Financial Code. 9. the loan broker had a statutory duty to provide 26 27 28 Plaintiff with a Spanish translation or his Loan Agreement. a translation of the contract or agreement in the language in which the contract or agreement was negotiated.” 10. or Korean. 4 COMPLAINT . Chinese. in the course of entering into any of the following. the person aggrieved may rescind the contract or agreement in the manner provided by this chapter.” California Civil Code 20 21 22 23 24 25 §1632(k) also provides that “Upon failure to comply with the provisions of this section. prior to its execution. The loan broker negotiated a mortgage loan for Plaintiff in Spanish. or Division 7 (commencing with Section 18000). which includes a translation of every term and condition in that contract or agreement. which is Plaintiff’s primary language. As such. family. California Civil Code §1632(b) states: “Any person engaged in a trade or business who negotiates primarly in Spanish. shall deliver to the 9 10 11 12 13 other party to the contract or agreement and prior to the execution thereof. Vietnamese. Plaintiff repeats and re-alleges Paragraphs 1 through 7 as though fully set forth herein.

the loan broker thereby violated California Civil Code §1632(b)(4). 17 18 19 20 21 22 their agents. WHEREFORE. and Plaintiff therefore. for. 5. For a restraining order preventing Defendants and his. For a preliminary injunction and permanent injunction enjoining all Defendants. or in concert with them. Plaintiffs having set forth the claims for relief against Defendants. 2. prior to its execution. Plaintiff could not read and understand the agreement. officers. Cancellation of any future sale and restitution of the home to the Plaintiffs. The loan broker never provided Plaintiff with a written translation into Spanish of his loan agreement. 6 7 8 9 10 11 12 13 14 15 16 By failing to provide Plaintiff with a written translation of the Loan Agreement.1 2 3 4 5 11. employees. or its agents. As such. is entitled to a complete rescission of the Loan Agreement negotiated by the loan broker. 4. and representatives from engaging in or performing any of the following acts: (i) offering. which was written in English. hers. Actual Economic and Non-Economic Damages. For damages as provided by statute. Respectfully pray that this Court grant the following relief against the Defendants: 1. 5 COMPLAINT . 23 24 25 26 27 28 7. by the terms of said statue. or advertising this property for sale and (ii) attempting to transfer title to this property and or (iii) holding any auction therefore. attorneys. and all person acting under. from foreclosing on Plaintiff’s Home or from conducting a trustee’s sale or causing a trustee’s sale to be conducted relative to Plaintiff’s Home. 12. assigns.

1 2 3 4 5 6 8. For punitive damages. 9. Dated: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 By:_________________________________________ Rogaciano Sangerman. For such other and further relief as the court may deem just and proper. For Rescission of all loan agreements between Plaintiff and Defendant. Plaintiff in Pro Per 6 COMPLAINT . 10.

expect as to those matters which are therein alleged on information and belief. County of Los 8 Angeles. that the 7 foregoing true and correct and that this declaration was executed in Inglewood.1 2 3 4 5 6 VERIFICATION I. and as to those matters. The same is true of my own knowledge. I declare under penalty of perjury. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Dated: By:____________________________________________ ROGACIANO SANGERMAN. Declarant 7 COMPLAINT . Rogaciano Sangerman am the Plaintiff in the above entitled action. I believe it to be true. under the laws of the State of California. I have read the foregoing complaint and know the contents thereof. State of California.

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