def deut first set of req for admission propounded

8/7/2019 Def Deut First Set of Req for Admission Propounded

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lIIANDREWE. MILLER (BARNO. 213504}LORAINE L. PEDOWITz (BAR NO. 120614)

211 SARINA SALUJA (BARNO. 253781)

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ALLEN MATKINS LECK GAMBLEII MALLORY & NATSIS LLP

515 South Figueroa Street).. Ninth FloorIILos A n g e l e S ~California 9u071-3309Phone: {213 622-5555

IIFax: (213) 20-8816E-Mail: [email protected]

II lpedowltz(a),[email protected]

A t t o r n ~ y sfor DefendantsIIDEUTSCHE BANK NATIONAL TRUSTCOMPANY

UNITED STATES BANKRUPTCY COURTCENTRAL DISTRICT OF CALIFORNIA

RIVERSIDE DIVISION

21 liE, UNDER THE POOLING ANDSERVICING AGREEMENT DATED

22 IIMarch I;, 2007;, ITS ASSIGNS AND/ORS U C C E ~ S O R ~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

IIproperty described in the complaintadverse to Plaintiffs title thereto; and

26 IIDOES 1-150, Inclusive,

Defendants.7

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BRIAN W. DAVIES.

BRIAN W. DAVIES, an Individual,

Plaintiff,

vs.

DEUTSCHE BANK NATIONALTRUST COMPANY, AS TRUSTEE OFTHE RESIDENTIAL ASSETSECURITIZATION TRUST 2007-A5,MORTGAGE PASSTHROUGHCERTIFICATES, SERIES 2007

Chapter 7

ICase No. 6:10-bk-37900-SC

Adv. No.: 6:11-ap-Ol00l-SC

DEFENDANT DEUTSCHE BANKNATIONAL TRUST COMPANY'SFIRST SET OF REQUESTS FOR'ADMISSION PROPOUNDED TOPLAINTIFF BRIAN W . DAVIES

LAW OFFICES

en Matkins Leek GambleMallory & Natsls LLP887424.01fLA

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mailto:[email protected]:///reader/full/lpedowltz(a),allenmatkins.commailto:[email protected]:[email protected]:///reader/full/lpedowltz(a),allenmatkins.commailto:[email protected]


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211 PROPOUNDING PARTY: Defendant DEUTSCHE BANK NATIONAL

3 TRUST COMPANY

4 IIRESPONDING PARTY: PlaintiffBRlAN W. DAVIES

SET NO: One

6 TO PLAINTIFFS AND THEIR ATTORNEY OF RECORD:

711 PLEASE TAKE NOTICE that pursuant to Rule 36 of the Federal Rules of

8 IICivil Procedure, Rule 7036 of the Federal Rules of Bankruptcy Procedure, and

9 IICentral District Local Rule 7026-3, Defendant Deutsche Bank National Trust

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Company, as trustee of the Residential Asset Securitization Trust 2007 - AS11 IIMortgage Passthrough Certificates, Series 2007-E, Under the Pooling and Servicing

12 IIAgreement Dated March 1, 2007 ("Deutsche Bank") hereby requests that Plaintiff

13 IIBrian W. Davies serve his written responses to this First Set of Requests for

14 IIAdmissions within thirty (30) days after service hereof at Allen Matkins Leck

IIGamble Mallory & Natsis LLP, 515 S. Figueroa Street, 9 th Floor, Los Angeles,

16 IICalifomia, 90071-3398.

17 DEFINITIONS

1811 Words printed in BOLDFACE CAPITAL letters are defined herein as

19 IIfollows:

1. "YOU" "YOUR " "DAVIES" and "DEBTOR" mean and include21 IIPlaintiff Brian Davies, the responding party, as well as all employees,

22 IIrepresentatives, attorneys, agents, successors-in-interest, assignors and/or any other

23 IIperson or entity who is acting or is believed to have acted on Brian W. Davies'

24 IIbehalf.

2. "DEUTSCHE BANK" means and includes Defendant Deutsche Bank

26 IINational Trust Company, as trustee of the Residential Asset Securitization Trust

27 112007 - AS Mortgage Passthrough Certificates, Series 2007-E, Under the Pooling

28 IIand Servicing Agreement Dated March 1, 2007, the propounding party, as well as itsLAW OFFICES

en Matkins Leek GambleMallory & Natsis LLP

887424.011LA-2


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1 IIofficers, directors, parents, subsidiaries, predecessors, successors-in-interest,

2 IIdivisions, agents, employees, attorneys, accountants, investigators, and any other

3 IIperson or entity wh o is acting or is believed to have acted on its behalf.

4 I 3. "RELATING TO" and "REFERRING TO" and "RELATINGIITHERETO" mean and include alluding to, responding to, pertaining to, connected

6 IIwith, commenting on, reviewing any aspects of, about, regarding, discussing,

7 IIshowing, describing, mentioning, respecting, analyzing, evidencing, constituting,

8 IIsupporting, or concerning.

9 4. "PERSON" or "PERSONS" mean and include, in the singular or

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plural, as appropriate, any natural person, proprietorship, partnership, joint venture,11 IIcorporation, trust, association, and all other forms of organization. The reference to

12 IIany PERSON includes all employers, employees, agents, partners, officers,

13 IIdirectors, representatives, agents, an d affiliates o f such PERSON, i f any.

1411 5. "IDENTIFY" means to provide a complete description, sufficient to

IIpermit the requesting party to locate and identify the subject matter of any request.

16 IIWhen used in relation to any PERSON, "IDENTIFY" means to provide the full

17 IIname, residence address, residence telephone number, business address, business

18 IItelephone number, and relationship to YOU of that PERSON. When used in

19 IIrelation to a place, "IDENTIFY" means to provide the complete address of any

IIplace; and when used in relation to any object or thing, "IDENTIFY" means to

21 IIprovide a complete, particular description of such object or thing, such as by date,

22 IItype, location, source, and physical description.

23 II 6. "COMPLAINT" shall refer to YOUR Adversary Complaint filed on24 IIor about January 1, 2011, which is adversary number 6: l1-ap-O 1 00 I-SC, currently

IIpending 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 IIlocated at and commonly known as 43-277 Sentiero Dr., Indio, CA 92203.LAW OFFICES

en Matkins Leek GambleMallory & Natals LLP

8S7424.011LA-3


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8. The term "LOAN" shall refer to th e Balloon and Planned Unit

2 IIDevelopment Note, dated November 16,2006, and which was signed by YOU, as

3 IIwell as the Deed o f Trust dated November 16,2006, also signed by YOU, and

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4 which RELATES TO the above-referenced Balloon and Planned Unit

Development Note, and secures the Balloon and Planned Unit Development Note

6 IIagainst the PROPERTY located at 43-277 Sentiero Dr., Indio, CA 92203.

7 II 9. "COMMUNICATION" or "COMMUNICATIONS" mean and refer

8 IIto any oral, written, or electronic transmittal of information, opinion, belief, idea, or

9 IIstatement, whether made in person, by telephone, electronic mail, voicemail, fax,

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mail,or

by any other means.11 II 10. "DOCUMENT" or "DOCUMENTS" mean and include the original

12 IIand every non-identical copy of or attachment to any printed, typewritten, or

13 IIhandwritten matter of whatever character, including but not limited to "writings" as

14 " defined by the Federal Rules of Evidence, and any other tangible thing known to

"YOU in YOUR possession, custody or control, whether printed, recorded,

16 IIreproduced by any process or written or produced by hand, and whether or not

1711 claimed to be privileged or exempt from production for any reason.

18 II 11. The term "BANKRUPTCY CASE" means and includes the Chapter 7

1911 bankruptcy proceeding, Case No. 6:10-bk-37900-SC, filed on August 31,2010, and

IIcurrently pending in the United States Bankruptcy Court, Central District of

21 IICalifornia, Riverside Division.

2211 12. The term "PETITION DATE" shall refer to the date on which

23 IIDEBTOR filed the bankruptcy petition in the BANKRUPTCY CASE.2411 1. Please note that the conjunction "and" shall be interpreted herein

IIinclusively so as no t to exclude any information otherwise sought within the scope

2611 of these Requests for Production.

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28LAW OFFICES

en Matkins leck GambleMallory & Nats l l l lP 887424.011LA

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Admit that each of the following

REQUEST FOR ADMISSION NO.1

facts is true:

COMPLAINT.


COMPLAINT.


COMPLAINT.


COMPLAINT.


COMPLAINT.


COMPLAINT.

REQUEST FOR ADMISSION NO. j

REQUEST FOR ADMISSIONNO.8

the LOAN.

887424.011LA

REQUESTS FOR ADMISSION

Admit YOU have no facts to sup port YOUR First Claim for Relief in the

Admit YOU have no facts to sup port YOUR Second Claim for Relief in the

Admit YOU have no facts to sup port YOUR Third Claim for Relief in the

Admit YOU have no facts to sup port YOUR Fourth Claim for Relief in the

Admit YOU have no facts to sup port YOUR Fifth Claim for Relief in the

Admit YOU have no facts to sup port YOUR Sixth Claim for Relief in the

Admit YOU have not fully repai( the proceeds obtained from the LOAN.

Admit YOU do not have. sufficie nt funds to repay the proceeds obtained from

LAW OFFICES

en Matkins Leek GambleMallory & Nalals LLP

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1 IIREQUEST FOR ADMISSION NO.9:

.2 Admit YOU have not shown YOU are ready and willing to fully repay the

3 proceeds obtained from the LOAN.

4 I REQUEST FOR ADMISSION NO. 10:

5 II Admit YOU are in default under the terms of the LOAN.


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PROOF OF SERVICE

211 I am employed in the County of Los Angeles, State of California. I am overthe age of eighteen (18) and am not a p a N to this action. My business address is

3 11515 South FIgueroa Street, Ninth Floor, Los Angeles, California 90071-3309.

On March 25,2011, I served the within document(s) described as:DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY'SFIRST SET OF REQUESTS FOR ADMISSION PROPOUNDED TO

6 PLAINTIFF BRIAN"W. DAVIES

7 IIon the interested parties in this action as stated below:

A t t o r n e y f o r P l a i n t i8 IIG ~ L. HarreGlooal Capital Law PC

9 1117111 Beach Bl., Ste. 100 Huntington Beach, CA 92647 Tel: 714.907.4182

11"r&1 BY O V E R N : I G ~ TDELIVERY: I d ~ p o s i t e din a b ~ xor o t h ~ rfaciliry .12 regularly mamtamed by FedEx, or delIvered to a couner or drIver authonzed

by said express service carrier to receive documents, a true copy of the13 foregoing (locument(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.

I declare under penalty of perj:ury 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 IIforegoing is true and correct.

17Executed on March 25,2011, at Los Angeles, C a l i f o r n i a ~ / ) / J

18 Marcella Lyons ~ ~ I l19 (Type or print name) (Signature of Declar

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28LAW OFFICES

n Matkins Leek Gamble Mallory & Natala LLP

887424.011LA

def deut first set of req for admission propounded

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