dbntc discovery requests ap 6 10 ap 01001 (2)
TRANSCRIPT
7
UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
RIVERSIDE DIVISION
II/ANDREW E. MILLER (BAR NO. 213504)LORAINE L. PEDOWItZ (BAR NO. 120614)
2 IISARlNA SALUJA (BAR NO. 253781)ALLEN MATKINS LECK GAMBLE
3 II MALLORY & NATSIS LLP515 South Figueroa Street, Ninth Floor
4 IILos AngeleS~ California 90071-3309Phone: (213 622-5555
5 IIFax: (213) 20-8816E-Mail: [email protected]
6 II lpedowltz(ci),[email protected]
Attorneys for Defendants8 IIDEUTSCHE BANK NATIONAL TRUST
COMPANY9
10
11
12
Chapter 7
14 ICase No. 6:10-bk-37900-SC
15 BRIANW. DAVIES, an Individual, Adv. No.: 6:11-ap-Ol00l-SC
16 Plaintiff,
17 vs.
13 1/ In reBRIAN W. DAVIES.
18 IIDEUTSCHE BANK NATIONALTRUST COMPANY, AS TRUSTEE OF
19 IITHE RESIDENTIAL ASSETSECURITIZATION TRUST 2007-A5,
20 IIMORTGAGE PASSTHROUGHCERTIFICATES, SERIES 2007-
21 IIE, UNDER THE POOLING ANDSERVICING AGREEMENT DATED
2211March 1,;2007,; ITS ASSIGNS AND/ORSUCCE~SOR~ IN INTEREST; and all
23 IIpersons claiming by, through, or undersuch person, all persons unknown,
24 IIclaiming any legal or equitable right,title, estate, lien, or interest in the
25 IIproperty described in the complaintadverse to Plaintiffs title thereto; and
26 IIDOES 1-150, Inclusive,
DEFENDANT DEUTSCHE BANKNATIONAL TRUST COMPANY'SFIRST SET OF REQUESTS FORADMISSION PROPOUNDED TOPLAINTIFF BRIAN W. DAVIES
27
28
Defendants.
LAW OFFICES
Allen Matkins Leek GambleMallory & Natsis LLP
887424.01fLA-1-
1
2 PROPOUNDING PARTY: Defendant DEUTSCHE BANK NATIONAL
3 TRUSTCONWANY
4 RESPONDING PARTY: Plaintiff BRIAN W. DAVIES
5 SET NO: One
6 TO PLAINTIFFS AND THEIR ATTORNEY OF RECORD:
7 PLEASE TAKE NOTICE that pursuant to Rule 36 of the Federal Rules of
8 Civil Procedure, Rule 7036 of the Federal Rules of Bankruptcy Procedure, and
9 Central District Local Rule 7026-3, Defendant Deutsche Bank National Trust
10 Company, as trustee of the Residential Asset Securitization Trust 2007 - A5
11 Mortgage Passthr ugh Certificates, Series 2007-E, Under the Pooling and Servicing
12 Agreement Dated March 1, 2007 ("Deutsche Bank") hereby requests that Plaintiff
13 Brian W. Davies serve his written responses to this First Set of Requests for
14 Admissions withi thirty (30) days after service hereof at Allen Matkins Leek
15 Gamble Mallory & Natsis LLP, 515 S. Figueroa Street, 9th Floor, Los Angeles,
16 California, 90071-3398.
17 DEFINITIONS
887424.011LA-2-
18 Words printed in BOLDFACE CAPITAL letters are defined herein as
19 follows:
20 1. "YOU" "YOUR ""DAVIES" and "DEBTOR" mean and include, ,21 Plaintiff Brian Davies, the responding party, as well as all employees,
22 representatives, attorneys, agents, successors-in-interest, assignors and/or any other
23 person or entity who is acting or is believed to have acted on Brian W. Davies'
24 behalf.
25 2. "DEUTSCHE BANK" means and includes Defendant Deutsche Bank
26 National Trust Company, as trustee of the Residential Asset Securitization Trust
27 2007 - A5 Mortgage Passthrough Certificates, Series 2007-E, Under the Pooling
28 and Servicing Agreement Dated March 1,2007, the propounding party, as well as itsLAW OFFICES
Allen Matkins Leek GambleMallory & Natsis LLP
1 officers, directors, parents, subsidiaries, predecessors, successors-in-interest,
2 divisions, agents, employees, attorneys, accountants, investigators, and any other
3 person or entity ho is acting or is believed to have acted on its behalf.
3. "RELATING TO" and "REFERRING TO" and "RELATING4
5 THERETO" mean and include alluding to, responding to, pertaining to, connected
6 with, commenting on, reviewing any aspects of, about, regarding, discussing,
7 showing, describi g, mentioning, respecting, analyzing, evidencing, constituting,
8 supporting, or concerning.
9 4. "PE SON" or "PERSONS" mean and include, in the singular or
10 plural, as appropriate, any natural person, proprietorship, partnership, joint venture,
11 corporation, trust, association, and all other forms of organization. The reference to
12 any PERSON incl des all employers, employees, agents, partners, officers,
13 directors, representatives, agents, and affiliates of such PERSON, if any.
14 5. "IDE TIFY" means to provide a complete description, sufficient to
15 permit the requesting party to locate and identify the subject matter of any request.
16 When used in relation to any PERSON, "IDENTIFY" means to provide the full
17 name, residence a dress, residence telephone number, business address, business
18 telephone number, and relationship to YOU of that PERSON. When used in
19 relation to a place, "IDENTIFY" means to provide the complete address of any
20 place; and when u ed in relation to any object or thing, "IDENTIFY" means to
21 provide a complet ,particular description of such object or thing, such as by date,
22 type, location, source, and physical description.
23 6. "COMPLAINT" shall refer to YOUR Adversary Complaint filed on
24 or about January 1,2011, which is adversary number 6:11-ap-Ol00l-SC, currently
25 pending in the United States Bankruptcy Court, Central District of California,
26 Riverside Division.
27 7. The "PROPERTY" mean and refers to that certain real property
28 located at and com only known as 43-277 Sentiero Dr., Indio, CA 92203.LAW OFFICES
Allen Matkins Leek GambleMallory & Natsis LLP
887424.011LA-3-
1 8. The term "LOAN" shall refer to the Balloon and Planned Unit
2 Development Note, dated November 16, 2006, and which was signed by YOU, as
3 well as the Deed of Trust dated November 16,2006, also signed by YOU, and
4 which RELATES TO the above-referenced Balloon and Planned Unit
5 Development Note, and secures the Balloon and Planned Unit Development Note
6 against the PROPERTY located at 43-277 Sentiero Dr., Indio, CA 92203.
7 9. "COMMUNICATION" or "COMMUNICATIONS" mean and refer
887424.011LA-4-
8 to any oral, writte ,or electronic transmittal of information, opinion, belief, idea, or
9 statement, whether made in person, by telephone, electronic mail, voicemail, fax,
10 mail, or by any other means.
11 10. "DOCUMENT" or "DOCUMENTS" mean and include the original
12 and every non-ide tical copy of or attachment to any printed, typewritten, or
13 handwritten matter of whatever character, including but not limited to "writings" as
14 defined by the Fe eral Rules of Evidence, and any other tangible thing known to
15 YOU in YOUR possession, custody or control, whether printed, recorded,
16 reproduced by any process or written or produced by hand, and whether or not
17 claimed to be privileged or exempt from production for any reason.
18 11. The term "BANKRUPTCY CASE" means and includes the Chapter 7
19 bankruptcy proceeding, Case No.6: 10-bk-3 7900-SC, filed on August 31, 2010, and
20 currently pending in the United States Bankruptcy Court, Central District of
21 California, Riverside Division.
22 12. The term "PETITION DATE" shall refer to the date on which
23 DEBTOR filed the bankruptcy petition in the BANKRUPTCY CASE.
24 1. Please note that the conjunction "and" shall be interpreted herein
25 inclusively so as not to exclude any information otherwise sought within the scope
26 of these Requests for Production.
27
28LAW OFFICES
Allen Matkins Leck GambleMallory & Natsis LLP
1 REQUESTS FOR ADMISSION
2 Admit that each of the following facts is true:
3 REQUEST FOR ADMISSION NO.1
4 Admit YOU have no facts to support YOUR First Claim for Relief in the
5 COMPLAINT.
6 REQUEST FOR ADMISSION NO.2
7 Admit YOU have no facts to support YOUR Second Claim for Relief in the
8 COMPLAINT.
9 REQUEST FOR ADMISSION NO.3
10 Admit YOU have no facts to support YOUR Third Claim for Relief in the
11 COMPLAINT.
12 REQUEST FOR ADMISSION NO.4:
13 Admit YO have no facts to support YOUR Fourth Claim for Relief in the
14 COMPLAINT.
15 REQUEST FOR ADMISSION NO.5:
16 Admit YO have no facts to support YOUR Fifth Claim for Relief in the
17 COMPLAINT.
18 REQUEST FOR ADMISSION NO.6:
19 Admit YOU have no facts to support YOUR Sixth Claim for Relief in the
20 COMPLAINT.
21 REQUEST FOR ADMISSION NO.7:
22 Admit YOU have not fully repaid the proceeds obtained from the LOAN.
23 REQUEST FOR ADMISSION NO.8:
24 Admit YOU do not have sufficient funds to repay the proceeds obtained from
25 the LOAN.
2627
28LAWOFFfCES
Allen Matkins Leek GambleMallory & Natsis LLP
887424.011LA-5-
LAW OFFICES
Allen Matkins Leek GambleMallory & Natsis LLP
1 REQUEST FOR ADMISSION NO.9:
2 Admit YOU have not shown YOU are ready and willing to fully repay the
3 proceeds obtaine from the LOAN.
4 REQUEST FOR ADMISSION NO. 10:
5 Admit YOU are in default under the terms of the LOAN.
6
7 Dated: March 25,2011
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ALLEN MATKINS LEeK GAMBLEMALLORY & NATSIS LLP
ANDREW E. MILLERLORAINE L. PEDOWITZSARIN ALUJ
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88742401ILA-6-
1 PROOF OF SERVICE
8 Garry L. HarreGlobal Capital Law PC
9 17111 Beach Bl., te. 100Huntington Beach, CA 92647
10 Tel: 714.907.4182
11
Attorney for Plaintiff
2 I am employed in the County of Los Angeles, State of California. I am overthe age of eighteen (18) and am not a party to this action. My business address is
3 515 South FIgueroa Street, Ninth Floor, Los Angeles, California 90071-3309.
4 On March 25,2011, I served the within document(s) described as:
5 DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY'SFIRST SET OF REQUESTS FOR ADMISSION PROPOUNDED TO
6 PLAINTIFF BRIAN W. DAVIES
7 on the interested parties in this action as stated below:
~ BY OVERNIGHT DELIVERY: I deposited in a box or other facility12 regularly maintained by FedEx, or delivered to a courier or driver authorized
by said express service carrier to receive documents, a true copy of the13 foregoing document/ s) in sealed envelopes or packages designated by the
express service carrier, addressed as indicated above on the above-mentioned14 date, with fees for overnight delivery paid or provided for.
15 I declare under penalty of perjury that I am employed in the office of amember of the bar of this Court at whose direction the service was made and that the
16 foregoing is true and correct.
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Executed on March 25,2011, at Los Angeles, California~!l/) VdMarcella Lyons ~L~'L let!IJ0
(Type or rint name) (Signature of Declarant)
LAW OFFICES
Allen Matkins Leek GambleMallory & Natsis LLP
887424.01/LA
1 ANDREW E. MILLER (BAR NO. 213504)LORAINE L. PE OWITz (BAR NO. 120614)
2 SARINA SALUJA (BAR NO. 253781)ALLEN MATKINS LECK GAMBLE
3 MALLORY & ATSIS LLP515 South Figuer a Street, Ninth Floor
4 Los AngeleS~Califomia 90071-3309Phone: (213 622-5555
5 Fax: (213) 20-8816E-Mail: [email protected]
Attom~s for Defendant8 DEUTSCHE BANK NATIONAL TRUST
COMPANY
UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
RIVERSIDE DIVISION
LAW OFFICES
Allen Matkins Leek GambleMallory & Natsis LLP DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY'S
INTERROGATORIES TO PLAINTIFF
7
16 Plaintiff,
17 v.
18 DEUTSCHE BANK NATIONALTRUST COMPANY, AS TRUSTEE OF
19 THE RESIDENTIAL ASSETSECURITIZATION TRUST 2007-A-5,
20 MORTGAGEPASSTHROUGHCERTIFICATES, SERIES 2007-E,
21 UNDER THE POOLING ANDSERVICING AGREEMENT DATED
22 March IS2007S IT ASSIGNS, AND/ORSUCCE SOR IN INTEREST; and all
23 persons claiming by, thro~ or undersuch person, all persons u own,
24 claiming any legal or equitable right,title, estate, lien, or interest in the
25 property described in the complaintadverse to Plaintiffs title thereto; and
26 DOES 1-150, Inclusive,
27 Defendants.
9
1011
12Chapter 7
13Case No. 6:10-BK-37900-SC
1411 ~Adv. No. 6:11-AP-01001-sc
15 BRIAN W. DAVIES, an Individual,DEFENDANT DEUTSCHE BANKNATIONAL TRUST COMPANY'SFIRST SET OF INTERROGATORIESTO PLAINTIFF BRIAN W. DAVIES
In re
BRIAN W. DAVIES ..
28
888664.011LA
1 PROPOUNDING PARTY:
2
Defendant DEUTSCHE BANK NATIONAL
TRUST COMPANY
Plaintiff BRIAN W. DAVIES
LAWQFFICES
Allen Matkins Leck GambleMallOry & Natsis LLP
-2-
3 RESPONDING ARTY:
4 SET NUMBER: One
5 PLEASE TAKE NOTICE that pursuant to Rule 33 of the Federal Rules of
6 Civil Procedure, Rule 7033 of the Federal Rules of Bankruptcy Procedure, and
7 Central District L cal Rule 7026-3, the Defendant Deutsche Bank National Trust
8 Company, as trustee of the Residential Asset Securitization Trust 2007-A-5
9 Mortgage Passthrough Certificates, Series 2007-E, Under the Pooling and Servicing
10 Agreement Dated March 1, 2007 ("Deutsche Bank") hereby requests that Plaintiff
11 Brian W. Davies ("Plaintiff' or "Davies") serve his written responses to this First
12 Set of Interrogatories within thirty (30) days after service hereof at Allen Matkins
13 Leek Gamble Mallory & Natsis LLP, 515 S. Figueroa Street, 9th Floor, Los Angeles,
14 California, 90071-3398.
15 DEFINITIONS
16 Words printed in BOLDFACE CAPITAL letters are defined herein as
17 follows:
18 1. "YOU" "YOUR" and "DEBTOR" mean and include Plaintiff, ,19 Brian W. Davies, the responding party, as well as all employees, representatives,
20 attorneys, agents, uccessors-in-interest, assignors and/or any other person or entity
21 who is acting or is believed to have acted on Brian W. Davies' behalf.
22 2. "Deutsche Bank" means and includes Defendant Deutsche Bank
23 National Trust Company, as trustee of the Residential Asset Securitization Trust
24 2007-A-5 Mortgage Passthrough Certificates, Series 2007-E, Under the Pooling and
25 Servicing Agreement Dated March 1,2007, the propounding party, as well as its
26 officers, directors, parents, subsidiaries, predecessors, successors-in-interest,
27 divisions, agents, employees, attorneys, accountants, investigators, and any other
28 person or entity who is acting or is believed to have acted on its behalf.
DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY'SINTERROGA TORIES TO PLAINTIFF
888664.011LA
1 "RELATING TO" and "REFERRING TO" and "RELATING3.
2 THERETO" mean and include alluding to, responding to, pertaining to, connected
3 with, commentin on, reviewing any aspects of, about, regarding, discussing,
4 showing, describi g, mentioning, respecting, analyzing, evidencing, constituting,
5 supporting, or co cerning.
6 4. "PERSON" or "PERSONS" mean and include, in the singular or
7 plural, as appropriate, any natural person, proprietorship, partnership, joint venture,
8 corporation, trust, association, and all other forms of organization. The reference to
9 any PERSON includes all employers, employees, agents, partners, officers,
10 directors, represe tatives, agents, and affiliates of such PERSON, if any.11 5. "IDENTIFY" means to provide a complete description, sufficient to
12 permit the requesting party to locate and identify t bject matter of any request.
13 When used in relation to any PERSON, " NTIFY" means to nrovide the full
14 name, residence address, residence) ephone number, business address, business
15 telephone number, and ~nShip to YOU of that PERSON. When used in
16 relation to a place, J"JJENTIFY"means to provide the complete address of any---------- -
17 place. andwhen used in relation to any object or thing, "IDENTIFY" means to
18 provide a complete, particular description of such object or thing, such as by date,
19 type, location, source, and physical description.
20 6. "COMPLAINT" shall refer to YOUR Adversary Complaint filed on
21 or about January 1, 2011, which is adversary number 6: ll-ap-O 100 I-SC, currently\
22 pending in the United States Bankruptcy Court, Central District of California,
23 Riverside Division.
24 7. The" ROPERTY" mean and refers to that certain real property
25 located at and commonly known as 43-277 Sentiero Dr., Indio, CA 92203.
26 8. The t rm "LOAN" shall refer to the Balloon and Planned Unit
27 Development Note, dated November 16, 2006, and which was signed by YOU, as
28 well as the Deed of Trust dated November 16,2006, also signed by YOU, andLAW OFFICES
Allen Matkins Leek GambleMallory & Natsis LLP
-3-DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY'S
INTERROGA TORIES TO PLAINTIFF888664.011LA
which RELATE TO the above-referenced Balloon and Planned Unit
2 Development Note, and secures the Balloon and Planned Unit Development Note
3 against the PROPERTY located at 43-277 Sentiero Dr., Indio, CA 92203.
4 9. "COMMUNICATION" or "COMMUNICATIONS" mean and refer
5 to any oral, written, or electronic transmittal of information, opinion, belief, idea, or
6 statement, whether made in person, by telephone, electronic mail, voicemail, fax,
7 mail, or by any ot er means.
8 10. "DOCUMENT" or "DOCUMENTS" mean and include the original
9 and every non-identical copy of or attachment to any printed, typewritten, or
10 handwritten matter of whatever character, including but not limited to "writings" as
11 defined by the Federal Rules of Evidence, and any other tangible thing known to
12 YOU in YOUR p ssession, custody or control, whether printed, recorded,
13 reproduced by any process or written or produced by hand, and whether or not
14 claimed to be privileged or exempt from production for any reason.
15 11. The term "BANKRUPTCY CASE" means and includes the Chapter 7
16 bankruptcy proceeding, Case No. 6:10-bk-37900-SC, filed on August 31,2010, and
17 currently pending in the United States Bankruptcy Court, Central District of
18 California, Riverside Division.
19 12. The term "PETITION DATE" shall refer to the date on which
20 DEBTOR filed the bankruptcy petition in the BANKRUPTCY CASE.
21 Please note that the conjunction "and" shall be interpreted herein inclusively
22 so as not to exclude any information otherwise sought within the scope of these
23 Requests for Prod ction.
24
25
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LAWDFFICES
Allen Matkins Leck GambleMallory & Natsis LLP
-4-DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY'S
INTERROGA TORIES TO PLAINTIFF888664.011LA
1 INTERROGATORIES
2 INTERROGATORY NO. 1:
3 State all facts RELATING TO the causes of action YOU allege in YOUR
4 COMPLAINT.
5 INTERROGATORY NO.2:
6 IDENTIFY all PERSONS with knowledge of the facts RELATING TO the
7 causes of action YOU allege in YOUR COMPLAINT.
8 INTERROGATORY NO.3:
9 IDENTIFY all DOCUMENTS RELATING TO the causes of action YOU
10 allege in YOUR COMPLAINT.
11 INTERROGATORY NO.4:
12 State all facts RELATING TO all damages, including but not limited to
13 statutory damages and attorneys' fees that YOU claim to have suffered in YOUR
14 COMPLAINT.
15 INTERROGATORY NO.5:
16 IDENTIFY all PERSONS with knowledge of the facts RELATING TO all
17 damages, including but not limited to statutory damages and attorneys' fees that
18 YOU claim to hav suffered in YOUR COMPLAINT.
19 INTERROGATORY NO.6:
20 IDENTIFY all DOCUMENTS RELATING TO all damages, including but
21 not limited to statutory damages and attorneys' fees that YOU claim to have suffered
22 in YOUR COMPLAINT.
23 INTERROGATORY NO.7:
24 IDENTIFY all payments YOU have made to any PERSON RELATING
25 TO all damages, including but not limited to attorneys' fees that YOU claim to have
26 suffered in YOUR COMPLAINT.
27
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LAWDFF'CES
Allen Matkins Leek GambleMallory & Natsis LLP
-5-DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY'S
INTERROGA TORIES TO PLAINTIFF888664.01fLA
LAW OFFICES
Allen Matkins Leek GambleMallory & Natsis LLP
-6-
INTERROGATORY NO.8:
2 IDENTIFY all DOCUMENTS RELATING TO YOUR contention, in the
3 COMPLAINT, t at DEUTSCHE BANK, "caused to be filed false 'Assignments of
4 Deed of Trusts' or 'Wild Deed Instruments' with the Riverside County Recorder."
5 INTERROGATORY NO.9:
6 State all facts RELATING TO YOUR contention, in the COMPLAINT,
7 that DEUTSCHE BANK, "caused to be filed false 'Assignments of Deed of Trusts'
8 or 'Wild Deed Instruments' with the Riverside County Recorder."
9 INTERROGATORY NO. 10:
10 IDENTIFY all DOCUMENTS RELATING TO YOUR contention, in the
11 COMPLAINT, that DEUTSCHE BANK "as 'Trustee' holds only 'nominal Legal
12 Title' to represent the trust."
13 INTERROGATORY NO. 11:
14 State all facts RELATING TO YOUR contention, in the COMPLAINT,
15 that that DEUTSCHE BANK "as 'Trustee' holds only 'nominal Legal Title' to
16 represent the trust."
17 INTERROGATORY NO. 12:
18 IDENTIFY all DOCUMENTS RELATING TO YOUR contention, in the
19 COMPLAINT, that "the 'Deed of Trust' has no value since it is wholly insecured."
20 INTERROGATORY NO. 13:
21 State all facts RELATING TO YOUR contention, in the COMPLAINT,
22 that that "the 'Dee of Trust' has no value since it is wholly insecured."
23 INTERROGATORY NO. 14:
24 IDENTIFY all DOCUMENTS RELATING TO YOUR contention, in the
25 COMPLAINT, that "if [Deutsche Bank National Trust Company] purchased the
26 'Promissory Note' and paid 'MERS', such assignment would constitute fraudulent
27 conveyance."
28
DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY'SINTERROGATORlES TO PLAINTIFF
888664 01(LA
LAW OFFICES
Allen Matkins Leek GambleMallory & Natsis LLP
-7-
1 INTERROGATORY NO. 15:
2 State all facts RELATING TO YOUR contention, in the COMPLAINT,
3 IIthat "if [Deutsche Bank National Trust Company] purchased the 'Promissory Note'
4" and paid '11ERS', such assignment would constitute fraudulent conveyance. II
5 INTERROGATORY NO. 16:
6 IDENTIFY all DOCUMENTS RELATING TO YOUR contention, in the
7. COMPLAINT, that the DEUTSCHE BANK "participated in fraud by processing
8 "falsified assignments of the 'Deed of Trust."
9 INTERROGATORY NO. 17:
10 State all facts RELATING TO YOUR contention, in the COMPLAINT,
11 that DEUTSCHE BANK "participated in fraud by processing falsified assignments
12 "of the 'Deed of Trust.' II
13 INTERROGATORY NO. 18:
14 IDENTIFY all DOCUMENTS RELATING TO YOUR contention, in the
15 COMPLAINT, that DEUTSCHE BANK "falsely represented to Plaintiff that they
16 "received valid assignment of 'Deed of Trust' and enforceable endorsement of the
17 "'Promissory Note' to procure payments from Plaintiff that they were not entitled to
18 "receive."
19 II INTERROGATORY NO. 19:
20" State all facts RELATING TO YOUR contention, in the COMPLAINT,
21 "that DEUTSCHE BANK "falsely represented to Plaintiff that they received valid
22 "assignment of'Deed of Trust' and enforceable endorsement of the 'Promissory Note'
23 lito procure payments from Plaintiff that they were not entitled to receive. II
24 IIINTERROGATORY NO. 20:
25 II State all COMMUNICATIONS RELATING TO YOUR contention that in
26 lithe COMPLAINT that DEUTSCHE BANK "falsely represented to Plaintiff that
2711 they received valid assignment of 'Deed of Trust' and enforceable endorsement of
28
888664.011LADEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY'S
INTERROGA TORIES TO PLAINTIFF
1 the 'Promissory Note' to procure payments from Plaintiff that they were not entitled
2 to receive."
3 INTERROGAT RY NO. 21:
4 IDENTIFY all PERSONS with knowledge of the facts RELATING TO
5 YOUR contentio that DEUTSCHE BANK "falsely represented to Plaintiff that
6 they received valid assignment of 'Deed of Trust' and enforceable endorsement of
7 the 'Promissory ote' to procure payments from Plaintiff that they were not entitled
8 to receive."
9
10 Dated: March 25,2011
11
ALLEN MATKINS LECK GAMBLEMALLORY & NATSIS LLP
ANDREW E. MILLERLORAINE L. PEDOWITZS~ALUJA
By:' r
~~~
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Attorneys for DefendantDEUTSCHE BANK NATIONALTRUST COMPANY
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28LAW OFFICES
Allen Matkins Leek GambleMallory & Natsis LLP
-8-DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY'S
INTERROGA TORIES TO PLAINTIFF88866401ILA
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UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
RIVERSIDE DIVISION
lIIANDREWE. MILLER (BARNO. 213504)LORAINE L. PEDOWITz (BAR NO. 120614)
211SARINA SALUJA (BAR NO. 253781)ALLEN MATKINS LECK GAMBLE
311 MALLORY & NATSIS LLP515 South Figueroa Street, Ninth Floor
4 IILos AngeleS~California 90071-3309Phone: (213 622-5555
5 IIFax: (213) 20-8816E-Mai1: [email protected]
6 II lpedowltz(a)[email protected]
711Attorneys for Defendants
8 IIDEUTSCHE BANK NATIONAL TRUSTCOMPANY
13 IIIn reBRIAN W. DAVIES.
Chapter 7
14 Case No. 6:10-bk-37900-SC
15 BRIANW. DAVIES, an Individual, Adv. No.: 6:11-ap-OlOOl-SC
16 Plaintiff,
17 vs.
18 IIDEUTSCHE BANK NATIONALTRUST COMPANY, AS TRUSTEE OF
19 liTHE RESIDENTIAL ASSETSECURITIZATION TRUST 2007-A5,
20 IIMORTGAGE PASSTHROUGHCERTIFICATES, SERIES 2007-
21 liE, UNDER THE POOLING ANDSERVICING AGREEMENT DATED
22 IIMarch 1, 2007;, ITS ASSIGNS AND/ORSUCCESSOR~ IN INTEREST; and all
23 IIpersons claiming by, through, or undersuch person, all persons unknown,
24 IIclaimmg any legal or equitable right,title, estate, lien, or interest in the
25 IIproperty described in the complaintadverse to Plaintiffs title thereto; and
2611DOES 1-150, Inclusive,
DEFENDANT DEUTSCHE BANKNATIONAL TRUST COMPANY'SFIRST SET OF REQUESTS FORPRODUCTION OF DOCUMENTSPROPOUNDED TO PLAINTIFFBRIAN w. DAVIES
27
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Defendants.
LAW OFFICES
Allen Matkins Leek GambleMallory & Natsis LLP
887423.011LA-1-
1
2 PROPOUNDIN PARTY: Defendant DEUTSCHE BANK NATIONAL
3 TRUSTCONWANY
4 RESPONDING PARTY: PlaintiffBRlAN W. DAVIES
5 SET NO: One
6 TO PLAI TIFF AND THEIR ATTORNEY OF RECORD:
7 PLEASE TAKE NOTICE that pursuant to Rule 34 of the Federal Rules of
8 Civil Procedure and Rule 7034 of the Federal Rules of Bankruptcy Procedure, the
9 Defendant Deutsc e Bank National Trust Company, as trustee of the Residential
10 Asset Securitization Trust 2007 -A-5 Mortgage Passthrough Certificates, Series
11 2007- E, Under th Pooling and Servicing Agreement Dated March 1, 2007
12 ("Deutsche Bank") hereby requests that Plaintiff Brian Davies ("Davies" or
13 "Plaintiff') serve ritten responses to this First Set of Requests for the Production of
14 Documents within thirty (30) days after service hereof and, on that date, produce
15 for inspection and copying the documents requested herein, at 10:00 a.m., at Allen
16 Matkins Leek Gamble Mallory & Natsis LLP, 515 S. Figueroa Street, 9th Floor, Los
17 Angeles, Californi ,90071-3398.
18 DEFINITIONS
19 Words printed in BOLD CAPITAL letters are defined herein as follows:
20 l. The t rms "YOU", "YOUR" and "DAVIES" shall mean and
21 collectively refer to plaintiff Brian W. DAVIES, an individual, and his agents,
22 employees, affiliat s, representatives, attorneys, beneficiaries, and anyone acting on
23 Brian W. Davies' behalf.
24 2. The term "DEUTSCHE BANK" shall mean and refer to defendant
25 Deutsche Bank National Trust Company, as Trustee of the Residential Asset
26 Securitization Trust, 2007- A5, Mortgage Pass-Through Certificates, Series 2007- E,
27 Under the Pooling nd Servicing Agreement dated March 1, 2007 and its agents,
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1 employees, affiliates, subsidiaries, representatives, attorneys, predecessors,
2 successors, beneficiaries, and anyone acting on its behalf.
3 3. The term "COMPLAINT" means YOUR Adversary Complaint filed
4 on or about January 2,2011, which is adversary number 6:11-ap-Ol00l-SC,
5 currently pending in the United States Bankruptcy Court, Central District of
6 California, Riverside Division.
7 4. The term "BANKRUPTCY CASE" means and includes the Chapter 7
8 bankruptcy proceeding, Case No.6: 10-bk-3 7900-SC, filed on August 31, 2010, and
9 currently pending in the United States Bankruptcy Court, Central District of
10 California, Riverside Division.
11 5. The term "PROPERTY" shall mean and refer to that certain real
12 property located at and commonly known as 43-277 Sentiero Dr., Indio, CA 92203.
13 6. The term "LOAN" shall refer to the Balloon and Planned Unit
14 Development Note, dated November 16,2006, and which was signed by YOU, as
15 well as the Deed of Trust dated November 16,2006, also signed by YOU, and
16 which RELATES TO the above-referenced Balloon and Planned Unit
17 Development Not ,and secures the Balloon and Planned Unit Development Note
18 against the PROPERTY located at 43-277 Sentiero Dr., Indio, CA 92203.
19 7. "DOCUMENT" or "DOCUMENTS" mean and include the original
20 and every non-identical copy of or attachment to any printed, typewritten, or
21 handwritten matter of whatever character, including but not limited to "writings" as
22 defined by the Federal Rules of Evidence, and any other tangible thing known to
23 YOU in YOUR p ssession, custody or control, whether printed, recorded,
24 reproduced by any process or written or produced by hand, and whether or not
25 claimed to be privileged or exempt from production for any reason.
26 8. The terms "COMMUNICATION" or "COMMUNICATIONS" shall
27 mean and refer to any oral, written, or other form of conveying words or
28 information, whether by chance, pre-arranged, formal or informal, and includes anyLAW OFFICES
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1 DOCUMENT memorializing the information or words conveyed. References to
2 COMMUNICATIONS with business entities should be understood to include
3 communications with any officers, directors, employees, agents, brokers, attorneys
4 or other representatives of such entities.
5 9. The term "PERSON" includes natural persons, corporations, trusts,
6 partnerships, joint ventures, governmental and quasi-public entities, and any other
7 form of organization or association.
8 10. The terms "RELATING TO" or "RELATE TO" shall mean and
9 include: referring to, alluding to, responding to, pertaining to, connected with,
10 commenting on, reviewing any aspects of, about, regarding, discussing, showing,
11 describing, menti ning, respecting, analyzing, evidencing, constituting, or
12 concernmg.
13 11. The singular shall include the plural and vice versa, the conjunctives
14 "and" and "or" shall be construed both conjunctively and disjunctively, any noun
15 gender and number or verb tense shall include all others wherever such dual
16 construction will serve to bring within the scope of this Request any documents
17 and/or information which would not otherwise be brought within its scope.
18 Please note that the conjunction "and" shall be interpreted herein inclusively
19 so as not to exclude any information otherwise sought within the scope of these
20 Requests for Prod ction.
21 DOCUMENT PRODUCTION GUIDELINES
22 A. In producing documents and things, YOU are requested to furnish all
23 DOCUMENTS or things in YOUR possession, custody or control, or known or
24 available to YOU, any subsidiary or affiliated entities, officers, directors, agents,
25 employees, representatives, investigators, or by YOUR attorneys or their agents,
26 employees, representatives or investigators. This request is continuing, and YOU
27 are obliged to supplement YOUR response by identifying and producing responsive
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1 documents that come to YOUR attention, or into YOUR possession, custody or
2 control, subsequent to YOUR response and production.
3 B. In producing documents, YOU are requested to produce the original of
4 each DOCUMENT requested together with all non-identical copies and drafts of
5 that DOCUMENT.
6 C. Any omment, notation, or marking appearing on any DOCUMENT,
7 and not a part oft e original, is to be considered a separate DOCUMENT, and any
8 draft, preliminary form or superseded version of any DOCUMENT is also to be
9 considered a separate DOCUMENT.
10 D. All OCUMENTS should be produced in the same order as they are
11 kept or maintained.
12 E. All OCUMENTS should be produced in the file, folder, envelope or
13 other container in which the DOCUMENTS are kept or maintained. If the
14 container cannot be produced, please produce copies of all labels or other
15 identifying marki gs.
16 F. DOCUMENTS attached to each other must not be separated.
17 G. If Y U assert any privilege concerning the identification or production
18 of any of the DOCUMENTS described below, if YOU object to the identification
19 or production of any such DOCUMENTS on any grounds, or if YOU for any
20 reason contend that any of the DOCUMENTS described below are not subject to
21 the discovery for any reason, then specify in detail in YOUR response the precise
22 grounds for objection, privilege, or other contention which YOU make in this
23 regard, and describe in detail the DOCUMENT or DOCUMENTS as to which
24 YOU assert this privilege, objection or contention. Such description shall include a
25 statement of the g neral nature of the DOCUMENT including the date and file
26 number of the DOCUMENT, the name of the person who executed it, the name of
27 each person who has received the original or any copies of it, the name of each
28 person with whom it was discussed, and a general description of the nature andLAW OFFICES
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1 contents of the D CUMENTS. Finally, YOU should identify and produce for
2 inspection and co ying all DOCUMENTS which fit the description set forth below
3 as to which YOU do not assert any such privilege, objection or contention.
4 REQUESTS FOR PRODUCTION OF DOCUMENTS
5 REQUEST FOR PRODUCTION NO.1:
6 Any and all DOCUMENTS, including any COMMUNICATIONS, that
7 RELATE TO or allegedly support the allegations in the COMPLAINT.
8 REQUEST FOR PRODUCTION NO.2:
9 Any and all DOCUMENTS, including any COMMUNICATIONS,
10 RELATING TO YOUR LOAN.
11 REQUEST FOR PRODUCTION NO.3:
12 Any and all DOCUMENTS, including any COMMUNICATIONS,
13 referenced in or RELATING TO YOUR responses to the Form Interrogatories
14 propounded cone rrently with this Request for Production.
15 REQUEST FOR PRODUCTION NO.4:
16 Any and all DOCUMENTS, including any COMMUNICATIONS,
17 RELATING TO YOUR responses to the Special Interrogatories propounded
18 concurrently with this Request for Production.
19 REQUEST FOR PRODUCTION NO.5:
20 Any and all DOCUMENTS RELATING TO, reflecting, referring to, or
21 concerning any and all COMMUNICATIONS or correspondence between YOU
22 and DEUTSCHE BANK.
23 REQUEST FOR PRODUCTION NO.6:
24 Any and all DOCUMENTS RELATING TO money payments made by
25 YOU in connectio with the LOAN.
26 REQUEST FOR PRODUCTION NO.7:
27 Any and all DOCUMENTS consisting of or RELATING TO telephone
28 conversations between YOU and any lender, trustee, or beneficiary or any of theirLAW OFFICES
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1 agents or representatives in connection with the LOAN or the DEED OF TRUST,
2 including without limitation notes, call logs, and/or telephone records.
3 REQUEST FOR PRODUCTION NO.8:
4 Any and all DOCUMENTS RELATING TO YOUR finances, including tax
5 returns, for the time period of 2006 to the present.
6 REQUEST FOR PRODUCTION NO.9:
7 Any and all DOCUMENTS consisting of or RELATING TO non-privileged
8 COMMUNICATIONS between YOU and any other PERSON RELATING TO
9 the foreclosure of the PROPERTY.
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10 REQUEST FOR PRODUCTION NO. 10
11 All DOCUMENTS RELATING TO the BANKRUPTCY CASE.
12 REQUEST FOR PRODUCTION NO. 11
13 All DOCUMENTS RELATING TO any COMMUNICATIONS between
14 YOU and the Cha ter 7 Trustee in the BANKRUPTCY CASE RELATING TO
15 the LOAN.
16 REQUESTFORPRODUCTIONNO.12
17 All DOCUMENTS RELATING TO any COMMUNICATIONS between
18 YOU and the Cha ter 7 Trustee RELATING TO the BANKRUPTCY CASE.
19 REQUEST FOR PRODUCTION NO. 13
20 All DOCUMENTS RELATING TO any COMMUNICATIONS between
21 YOU and DEUT CHE BANK RELATING TO the LOAN.
22 REQUEST FOR PRODUCTION NO. 14
23 All DOCUMENTS RELATING TO any COMMUNICATIONS between
24 YOU and DEUTSCHE BANK RELATING TO the BANKRUPTCY CASE.
25 REQUEST FOR PRODUCTION NO. 15
26 All DOCUMENTS RELATING TO all statutory damages YOU allege in
27 the COMPLAINT YOU have suffered, through the date of these Requests.
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1 REQUEST FOR PRODUCTION NO. 16:
2 All DOCUMENTS RELATING TO all damages YOU allege in the
3 COMPLAINT YOU have suffered, through the date of these Requests.
4 REQUEST FOR PRODUCTION NO. 17:
5 All DOCUMENTS on which YOU intend to rely in any dispositive motion
6 or proceeding RELATING TO the COMPLAINT.
78 Dated: March 25,20119
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ALLEN MATKINS LECK GAMBLEMALLORY & NATSIS LLP
ANDREW E. MILLERLORAINE 1. PEDOWITZSARlN ALUJ
By:~~~~~~~-----------SA SAL.<'J.J'l'C,"Attorneys for ndantsDEUTSCHE BANK NATIONALTRUST COMPANY
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1
(Type or print name)
PROOF OF SERVICE
2 I am empl yed in the County of Los Angeles, State of California. I am overthe age of eighteen (18) and am not a party to this action. My business address is
3 515 South Figuer a Street, Ninth Floor, Los Angeles, California 90071-3309.
4 On March 25,2011, I served the within document(s) described as:
5 DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMP ANYISFIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS
6 PROPOUNDED TO PLAINTIFF BRIAN W. DAVIES
7 on the interested parties in this action as stated below:
8 Garry L. HarreGlobal Capital Law PC
9 17111 BeachBl., Ste. 100Huntington Beac ,CA 92647
10 Tel: 714.907.4182
11
Attorney for Plaintiff
~ BY OVERNIGHT DELIVERY: I deposited in a box or other facility12 regularly maintained by FedEx, or delivered to a courier or driver authorized
by said express service carrier to receive documents, a true copy of the13 foregoing document(s) in sealed envelopes or packages designated by the
express service carrier, addressed as indicated above on the above-mentioned14 date, with fees for overnight delivery paid or provided for.
15 I declare under penalty of perjury that I am employed in the office of amember of the bar of this Court at whose direction the service was made and that the
16 foregoing is true and correct.
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Executed on March 25, 2011, at Los Angeles,(
Marcella Lyons
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