Case 6:11-ap-01001-SC Doc 30 Filed 04/25/11 Entered 04/25/11 17:20:08 Desc

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GLOBAL CAPITAL LAW, PC

1 Gary Harre, Esq. (Bar No. 86938)
2 Diane Beall, Esq. (Bar No. 86877)
8700 Warner Ave., Suite 200
3 Fountain Valley, CA 92708
Phone: (714) 907-4182
4
Fax: (714) 907-4175
5 Email: ghcmecf@gmail.com

6 Attorneys for Plaintiff, Brian W Davies

7
8 UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
9 RIVERSIDE DIVISION
10
In re: ) Chapter 7
11 )
12 BRIAN W DAVIES, ) BK No. 6:10-bk-37900-SC
)
13 Debtor. ) AP No. 6:11-ap-01001-SC
_______________________________ )
14
BRIAN W DAVIES, )
15 ) PLAINTIFF’S OBJECTION TO
Plaintiff, ) DEFENDANT DEUTSCHE BANK
16 ) NATIONAL TRUST COMPANY’S RJN #7
vs. ) FILED CONCURRENTLY WITH THEIR
17
) OPPOSITION TO PLAINTIFF’S MOTION
18 DEUTSCHE BANK NATIONAL TRUST ) FOR JUDGMENT ON THE PLEADINGS
COMPANY AS TRUSTEE OF THE )
19 RESIDENTIAL ASSET SECUITIZATION ) [ Filed concurrently with Plaintiff’s reply to
20 TRUST 2007-A5, MORTGAGE PASS ) Defendant’s Opposition to Plaintiff’s
THROUGH SERIES 2007-E, UNDER ) Judgment on the Pleadings; and Plaintiff’s
21 THE POOLING AND SERVICING ) request to Strike DBNTC pleading for failure
AGREEMENT DATED MARCH 1, 2007; ) to comply with FRCP 7.1]
22 et.al. )
23 ) Date: May 3, 2011
Defendants. ) Time: 1:30 pm
24 Dept: ROOM 5C (Santa Ana)
Judge: Hon. Scott C. Clarkson
25
///
26
Plaintiff Brian W. Davies through his attorneys of record respectfully objects to
27
Deutsche Bank National Trust Company's (hereinafter "DBNTC") Request for Judicial
28

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PLAINTIFF’S OBJECTION DEFENDANT DEUTSCHE BANK NATIONALTRUST COMPANY’S RJN #7 FILED
CONCURRENT WITH THEIR OPPOSITION TO PLAINTIFF’S JUDGEMENT ON THE PLEADINGS
 Case 6:11-ap-01001-SC Doc 30 Filed 04/25/11 Entered 04/25/11 17:20:08 Desc
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1 Notice #7, filed concurrently with DBNTC’S Opposition to Plaintiff’s Motion for Judgment
2 on the Pleadings.
3 On November 11, 2010 and as part of Plaintiffs Bankruptcy Case
4 No. 6:10-bk-37900-SC Attorney Robert Firth served a Subpoena on DBNTC.
5 See: [BK Doc 54]. On December 2, 2010 DBNTC responded and supplied
6 Documents listed as DBNTC Bates 00001-000052.
7 Plaintiffs subpoena asked DBNTC to produce the documents needed to prove a
8 complete chain of ownership of both the Deed of Trust along with the Note. See:
9 Plaintiff’s RJN #4, Exhibit 1, Pages 2-3.
10 ///
11 The documents produced by DBNTC include the following:
12 1) Interest-Only Period Fixed Rate Note [DBNTC 00001-00005].
13 2) Temporary Buy down: Schedule and Agreement [DBNTC 00006-00007].
14 3) Deed of Trust [DBNTC00008-000025].
15 4) FINAL DOCS [DBNTC 000026].
16 5) Policy of Title Insurance [DBNTC 000027-000043].
17 6) FINAL DOCS [DBNTC 000044] inserted in the middle of the title policy.
18 7) Policy of Title Insurance [DBNTC 000045-46].
19 8) Terra Lago Purchase Grant Deed unrecorded with initials of Escrow Officer
20 PT delivered the day after Plaintiff signed the document [DBNTC 000047-
21 000052].
22 DBNTC did not produce any credible documents to demonstrate that DBNTC
23 had the proper chain of title interest in the Deed of Trust along with the Note.
24 Despite the subpoena requesting documentation of the complete chain of Title of the Note
25 along with the Deed of Trust.
26 ///
27 ///
28 ///

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PLAINTIFF’S OBJECTION DEFENDANT DEUTSCHE BANK NATIONALTRUST COMPANY’S RJN #7 FILED
CONCURRENT WITH THEIR OPPOSITION TO PLAINTIFF’S JUDGEMENT ON THE PLEADINGS
 Case 6:11-ap-01001-SC Doc 30 Filed 04/25/11 Entered 04/25/11 17:20:08 Desc
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1 DISCUSSION
2 Federal Rules of Bankruptcy Procedure ("FRBP") 7037(b)(2) authorizes the
3 bankruptcy court to deem facts as established and to deny a party the opportunity to rebut
4 such a finding through the introduction of evidence and documents which the party was
5 obligated to produce under discovery orders and a subpoena Duces Tecum, but which it
6 had not yet produced. See: Estate of Daily v. Lipipuna Assocs., 940 F.2d 1306 (9th Cir.
7 1991).
8 In the case at bar, DBNTC'S contested Motions for Relief from the Automatic Stay
9 have been denied for Lack of Standing and incredible declarations. DBNTC now produces
10 new documents in their new attempt to re-litigate these same issues in front of a different
11 Judge, and in doing so produced a new set of contradictory documents. See: Complaint ¶
12 94, Deutsche Bank Answer ¶ 94. It would appear that the deed of trust has been assigned
13 without the note which would be a nullity. Deutsche Bank has failed to respond properly to
14 the original subpoena issued, and it is apparent that the chain of title is not supported by
15 these documents.
16 FRBP 7037(b)(2) allows this court to disallow Deutsche Bank's request for Judicial
17 Notice. Plaintiff respectfully requests this court to deny Deutsche Bank's Request for
18 Judicial Notice and to strike these documents from the record.
19
20 Respectfully submitted,
21 Dated: April 25, 2011
22
23 ______________________________
24 GARY HARE,
25 Attorney for BRIAN W DAVIES
26
27
28

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PLAINTIFF’S OBJECTION DEFENDANT DEUTSCHE BANK NATIONALTRUST COMPANY’S RJN #7 FILED
CONCURRENT WITH THEIR OPPOSITION TO PLAINTIFF’S JUDGEMENT ON THE PLEADINGS
 Case 6:11-ap-01001-SC Doc 30 Filed 04/25/11 Entered 04/25/11 17:20:08 Desc
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PROOF OF SERVICE OF DOCUMENT

1
2
I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding.
3 My business address is: 8700 Warner Avenue Fountain Valley, Ca 92708
4
A true and correct copy of the foregoing document described as PLAINTIFF’S
5 OBJECTION TO DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY’S
RJN #7 FILED CONCURRENTLY WITH THEIR OPPOSITION TO PLAINTIFF’S
6 MOTION FOR JUDGMENT ON THE PLEADINGS
will be served or was served (a) on the judge in chambers in the form and manner
7
required by LBR 5005-2(d); and (b) in the manner indicated below:
8
I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (“NEF”) –
9 Pursuant to controlling General Order(s) and Local Bankruptcy Rule(s) (“LBR”), the
10 foregoing document will be served by the court via NEF and hyperlink to the document. On
April 25, 2011, I checked the CM/ECF docket for this bankruptcy case or adversary
11 proceeding and determined that the following person(s) are on the Electronic Mail Notice
List to receive NEF transmission at the email address(es) indicated below:
12 Gary L Harre ghcmecf@gmail.com
13  Andrew E Miller amiller@allenmatkins.com
 Loraine L Pedowitz lpedowitz@allenmatkins.com
14  United States Trustee (RS) ustpregion16.rs.ecf@usdoj.gov
Patricia J Zimmermann (TR) pjztrustee@aol.com,
15 pzimmermann@ecf.epiqsystems.com
16
II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL(indicate method for each person or
17 entity served): On April 25, 2011, I served the following person(s) and/or entity(ies) at
the last known address(es) in this bankruptcy case or adversary proceeding by placing a
18 true and correct copy thereof in a sealed envelope in the United States Mail, first class,
19 postage prepaid, and/or with an overnight mail service addressed as follows. Listing the
judge here constitutes a declaration that mailing to the judge will be completed no later
20 than 24 hours after the document is filed.
Honorable Scott C. Clarkson
21
411 West Fourth Street, Suite 5130
22 Santa Ana, CA 92701-4593

23
I declare under penalty of perjury under the laws of the United States of America that the
24
foregoing is true and correct.
25
26
April 25, 2011 Delores Jackson /s/Delores Jackson
27
Date Type Name Signature
28

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PLAINTIFF’S OBJECTION DEFENDANT DEUTSCHE BANK NATIONALTRUST COMPANY’S RJN #7 FILED
CONCURRENT WITH THEIR OPPOSITION TO PLAINTIFF’S JUDGEMENT ON THE PLEADINGS