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"If a free society cannot help the many who are poor, it cannot save the

"If a free society cannot help the many who are poor, it cannot save the few who are rich." John F. Kennedy, January 20, 1961

 Quer y  Re p orts  Utilities  Logout (FFMx), DISCOVERY UNITED STATES

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UNITED STATES DISTRICT COURT, CENTRAL DISTRICT OF CALIFORNIA (Western Division - Los Angeles) CIVIL DOCKET FOR CASE #: 2:10-cv-08185-ODW -FFM

Daryoush Javaheri v. JP Morgan Chase Bank N.A. et al Assigned to: Judge Otis D Wright, II Referred to: Magistrate Judge Frederick F. Mumm Demand: $5,000,000 Related Case: 2:11-cv-10072-ODW-FFM Cause: 28:1331 Fed. Question

Plaintiff

Daryoush Javaheri

Date Filed: 10/29/2010 Jury Demand: Plaintiff Nature of Suit: 220 Real Property: Foreclosure Jurisdiction: Federal Question

represented by Douglas Crawford Gillies Douglas Gillies 3756 Torino Drive Santa Barbara, CA 93105

805-682-7033

Email:

douglasgillies@gmail.com ATTORNEY TO BE NOTICED

V.

Defendant

JP Morgan Chase Bank N.A.

represented by Frances Q Jett AlvaradoSmith APC 633 West 5th Street Suite

1100

Defendant

California Reconveyance Co. TERMINATED: 01/29/2011

Defendant

DOES 1-150, inclusive

Los Angeles, CA 90071

213-229-2400

Fax: 213-229-2499 Email:

fjett@alvaradosmith.com ATTORNEY TO BE NOTICED

Theodore E Bacon AlvaradoSmith APC

633 West Fifth Street Suite

1100

Los Angeles, CA 90071

213-229-2400

Fax: 213-229-2499 Email:

tbacon@AlvaradoSmith.com

ATTORNEY TO BE NOTICED

represented by Frances Q Jett (See above for address) ATTORNEY TO BE NOTICED

Theodore E Bacon (See above for address) ATTORNEY TO BE NOTICED

Date Filed

#

Docket Text

10/29/2010

1

COMPLAINT against Defendants California Reconveyance Co., DOES, JP Morgan Chase Bank N.A. Case assigned to Judge Otis D Wright, II for all further proceedings. Discovery referred to Magistrate Judge Frederick F. Mumm.(Filing fee $ 350 PAID) Jury Demanded, filed by plaintiff Daryoush Javaheri.(car) (Additional attachment(s) added on 11/3/2010:

# 1 Ntc of Asgmt, # 2 Summons, # 3 Civil Cover Sheet) (mg). (Entered: 10/29/2010)

10/29/2010

 

21 DAY Summons Issued re Complaint - (Discovery) 1 as to Defendants California Reconveyance Co., DOES 1-150, inclusive, JP Morgan Chase Bank N.A. (car) (Entered:

10/29/2010)

10/29/2010

2

CERTIFICATION AND NOTICE of Interested Parties filed by Plaintiff Daryoush Javaheri, identifying Other Affiliate Bank of America, Other Affiliate Washington Mutual Bank for Daryoush Javaheri. (car) (mg). (Entered: 10/29/2010)

10/29/2010

3

PLAINTIFF'S EX PARTE APPLICATION for Temporary Restraining Order and Order to Show Cause Re: Preliminary Injunction - Immediate Relief Sought, filed by plaintiff Daryoush Javaheri. Lodged Proposed Order.(car) (Additional attachment(s) added on 11/2/2010: # 1 Proposed Order) (mg). (Entered: 10/29/2010)

10/29/2010

4

PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES In Support of Ex Parte Application for Temporary Restraining Order and Order to Show Cause Re:

Preliminary Injunction 3 to Prevent Foreclosure, filed by Plaintiff Daryoush Javaheri. (car) (mg). (Entered: 10/29/2010)

10/29/2010

5

CERTIFICATE OF GOOD FAITH EFFORT of Douglas Gillies In Support of EX PARTE APPLICATION for Temporary Restraining Order EX PARTE APPLICATION for Order to Show Cause re: Preliminary Injunction 3 filed by Plaintiff Daryoush Javaheri. (car) (mg). (Entered: 10/29/2010)

10/29/2010

6

ORDER by Judge Otis D Wright, II: denying 3 defendants Ex Parte Application for temporary restraining order. (lc) (Entered: 11/02/2010)

11/03/2010

7

STANDING ORDER by Judge Otis D Wright, II, (sce) (Entered: 11/03/2010)

11/03/2010

8

NOTICE of Lis Pendens filed by Plaintiff Daryoush Javaheri. (Gillies, Douglas) (Entered: 11/03/2010)

11/22/2010

9

NOTICE OF MOTION AND MOTION to Dismiss Case {as to

Plaintiff's Complaint} filed by defendants California Reconveyance Co., JP Morgan Chase Bank N.A

Motion set

for hearing on 12/27/2010 at 01:30 PM before Judge Otis D Wright II. (Attachments: # 1 Proposed Order)(Jett, Frances) (Entered: 11/22/2010)

11/22/2010

10

REQUEST FOR JUDICIAL NOTICE filed by defendants California Reconveyance Co., JP Morgan Chase Bank N.A (Attachments: # 1 Exhibit 1 and 2)(Jett, Frances) (Entered:

   

11/22/2010)

11/23/2010

11

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents. The following error(s) was found: Local Rule 7.1- 1 No Certification of Interested Parties. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) (Entered: 11/23/2010)

12/07/2010

12

Joint STIPULATION to Continue Hearing on Defendants' Motion to Dismiss from 12/27/2010 to 1/10/2011 filed by Defendant California Reconveyance Co., JP Morgan Chase

Bank N.A

(Attachments: # 1 Proposed Order re Stipulation

to Continue Hearing on Defendants' Motion to Dismiss)(Bacon, Theodore) (Entered: 12/07/2010)

12/13/2010

13

ORDER Re Stipulation to Continue Hearing on Defendants' Motion to Dismiss 12 by Judge Otis D Wright II. It is hereby ordered that the hearing on Defendants Motion to Dismiss Plaintiffs Complaint 9 is continued from December 27, 2010 to January 10, 2011 at 1:30 p.m. Opposition and reply papers will be due in the above court per local rule 7-9. (sch) (Entered: 12/14/2010)

12/18/2010

14

MEMORANDUM in Opposition filed by Plaintiff Daryoush Javaheri. (Gillies, Douglas) (Entered: 12/18/2010)

12/19/2010

15

REQUEST FOR JUDICIAL NOTICE Exhibit 4 filed by Plaintiff Daryoush Javaheri. (Gillies, Douglas) (Entered: 12/19/2010)

12/20/2010

16

REQUEST FOR JUDICIAL NOTICE Exhibit 3 filed by Plaintiff Daryoush Javaheri. (Gillies, Douglas) (Entered: 12/20/2010)

12/20/2010

17

REQUEST FOR JUDICIAL NOTICE Exhibit 5 filed by Plaintiff Daryoush Javaheri. (Gillies, Douglas) (Entered: 12/20/2010)

12/23/2010

18

REPLY in support of Motion to Dismiss Complaint (cont'd for hrg to 01/10/2011} filed by Defendants California

Reconveyance Co., JP Morgan Chase Bank N.A Frances) (Entered: 12/23/2010)

(Jett,

01/03/2011

22

FIRST AMENDED COMPLAINT against defendants Daryoush Javaheri amending Complaint - (Discovery) 1 Jury demand,filed by plaintiff Daryoush Javaheri (lc) (Additional attachment(s) added on 2/2/2011: # 1 exhibits) (lc). (Entered:

02/01/2011)

01/06/2011

19

MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II:

The hearing on the above-referenced motion, scheduled for January 10, 2011 at 1:30 p.m., is hereby VACATED. The matter stands submitted. An order will issue. (rne) (Entered:

01/06/2011)

01/11/2011

20

MINUTES (IN CHAMBERS) by Judge Otis D Wright, II: Court grants Defendants, JPMorgan Chase Bank, N.A. and California Reconveyance Companys Motion to dismiss complaint {9].Plaintiff shall have twenty (20) days from the date of this Order to amend his Complaint. If Plaintiff fails to do so, all claims will be dismissed with prejudice. (lc) (Entered: 01/12/2011)

01/29/2011

21

REQUEST to Dismiss defendant California Reconveyance Co. filed by Plaintiff Daryoush Javaheri. (Gillies, Douglas) (Entered: 01/29/2011)

02/17/2011

23

NOTICE OF MOTION AND MOTION to Dismiss Case {Plaintiff's First Amended Complaint} filed by defendant

JP Morgan Chase Bank N.A

Motion set for hearing on

3/21/2011 at 01:30 PM before Judge Otis D Wright II. (Attachments: # 1 Proposed Order)(Jett, Frances) (Entered:

02/17/2011)

02/17/2011

24

REQUEST FOR JUDICIAL NOTICE (in support of Motion to Dismiss First Amended Complaint) filed by defendant JP

Morgan Chase Bank N.A

(Jett, Frances) (Entered:

02/17/2011)

02/28/2011

25

MEMORANDUM in Opposition filed by Plaintiff Daryoush Javaheri. (Gillies, Douglas) (Entered: 02/28/2011)

03/07/2011

26

REPLY in Support of JPMorgan's Motion to Dismiss First Amended Complaint filed by Defendant JP Morgan Chase

Bank N.A

(Jett, Frances) (Entered: 03/07/2011)

03/15/2011

27

MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II:

Vacating Hearing on Defendant's Motion to Dismiss Plaintiff's First Amended Complaint 23 (Filed 2/17/11). The hearing on the above-referenced motion, scheduled for March 21, 2011 at 1:30 p.m., is hereby VACATED. The matter stands submitted. An order will issue. (rne) (Entered: 03/15/2011)

03/24/2011

28

MINUTES (IN CHAMBERS) by Judge Otis D Wright, II:

granting 23 Defendant, JPMorgan Chase Bank, N.A. Motion to Dismiss plaintiffs first amended complaint. Plaintiff shall have twenty (20) days from the date of this Order in which to

   

amend his Complaint, provided that he can, in good faith, allege sufficient facts to support his claims. If Plaintiff fails to do so, all claims against WaMu will be dismissed with prejudice. (lc) (Entered: 03/24/2011)

04/12/2011

29

SECOND AMENDED COMPLAINT against defendants DOES 1-50, JP Morgan Chase Bank N.A. amending First Amended Complaint 22 ;Jury Demand filed by plaintiff Daryoush Javaheri (lc) (lc). (Entered: 04/13/2011)

04/28/2011

30

NOTICE OF MOTION AND MOTION to Dismiss

Case (Second Amended Complaint) filed by defendant JP

Morgan Chase Bank N.A

Motion set for hearing on 6/6/2011

at 01:30 PM before Judge Otis D Wright II. (Attachments:

# 1 Proposed Order)(Jett, Frances) (Entered: 04/28/2011)

04/28/2011

31

REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case (Second Amended Complaint) MOTION to Dismiss

Case (Second Amended Complaint) 30 filed by defendant JP

Morgan Chase Bank N.A

(Attachments: # 1 Exhibit A -

C)(Jett, Frances) (Entered: 04/28/2011)

05/16/2011

32

MEMORANDUM in Opposition to MOTION to Dismiss Case (Second Amended Complaint) MOTION to Dismiss Case (Second Amended Complaint) 30 filed by Plaintiff Daryoush Javaheri. (Gillies, Douglas) (Entered: 05/16/2011)

05/16/2011

33

REQUEST FOR JUDICIAL NOTICE re MOTION to Dismiss Case (Second Amended Complaint) MOTION to Dismiss Case (Second Amended Complaint) 30 filed by Plaintiff Daryoush Javaheri. (Gillies, Douglas) (Entered: 05/16/2011)

05/23/2011

34

REPLY in support MOTION to Dismiss Case (Second Amended Complaint) MOTION to Dismiss Case (Second Amended Complaint) 30 filed by Defendant JP Morgan Chase

Bank N.A

(Jett, Frances) (Entered: 05/23/2011)

05/31/2011

35

MINUTES (IN CHAMBERS): ORDER Vacating Motion to Dismiss Case 30 by Judge Otis D Wright II. The hearing on the above-referenced motion, scheduled for June 6, 2011 at 1:30 p.m. is hereby VACATED. The matter stands submitted. An order will issue. (sch) (Entered: 05/31/2011)

06/02/2011

36

MINUTES (IN CHAMBERS): ORDER Granting in part and Denying in part Defendant's Motion to Dismiss Plaintiff's Second Amended Complaint 30 (Filed 4/28/11} by Judge Otis

D

Wright II. For the foregoing reasons, Defendants Motion to

Dismiss is GRANTED in Part and DENIED in Part. (See

   

Order for Details). (sch) (Entered: 06/02/2011)

 

06/28/2011

37

ANSWER to Amended Complaint 29 SECOND filed by

defendant JP Morgan Chase Bank N.A (Entered: 06/28/2011)

(Jett,

Frances)

06/29/2011

38

ORDER setting Scheduling Conference set for 9/12/2011 at 01:30 PM; compliance with FRCP 26(f) and filing of report and other instructions. Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright II. (sch) (Entered:

06/29/2011)

06/29/2011

39

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Answer to Complaint 37 . The following error(s) was found: Local Rule 7.1-1 No Certification of Interested Parties. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (sch) (Entered: 06/29/2011)

07/14/2011

40

Certification and Notice of Interested Parties filed by defendant JP Morgan Chase Bank N.A., identifying JPMorgan

and California Reconveyance Co (Entered: 07/14/2011)

(Bacon, Theodore)

08/29/2011

41

JOINT REPORT of [FRCP 26(f)] filed by Defendant JP

Morgan Chase Bank N.A

(Bacon, Theodore) (Entered:

08/29/2011)

08/30/2011

42

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Report 41 . The following error(s) was found:

Incorrect event selected. The correct event is: Joint Rule 26(f) Discovery Plan. In response to this notice the court may order (1) an amended or correct document to be filed (2) the document stricken or (3) take other action as the court deems appropriate. You need not take any action in response to this notice unless and until the court directs you to do so. (lc) (Entered: 08/30/2011)

08/30/2011

43

MINUTE OF (IN CHAMBERS): ORDER Vacating Scheduling Conference by Judge Otis D Wright II. The Court is in receipt of the parties' Joint Rule 26(f) Report. The Court has reviewed the report and deems a scheduling conference unnecessary. Accordingly, the scheduling conference presently set for September 12, 2011 at 1:30 p.m., is hereby VACATED, and

   

no appearances are necessary. A Scheduling and Case Management Order will issue. (sch) (Entered: 08/30/2011)

08/30/2011

44

ORDER by Judge Otis D Wright, II: Granted the NOTICE AND REQUEST of Settlement Procedure Selection (Sp2). For Settlement Procedure No. 2, counsel are responsible for contacting the settlement officer at the appropriate time to arrange for further proceedings. Upon obtaining the settlement officer's consent to serve, counsel shall file Form ADR-02 (Stipulation Regarding Selection of Attorney Settlement Officer) with the court. (lom) (Entered: 08/31/2011)

08/30/2011

45

SCHEDULING AND CASE MANAGEMENT ORDER by Judge Otis D Wright, II, The Court has implemented the parties' suggested dates with only minor adjustments. If counsel fail to file the required Pre-Trial documents or fail to appear at the Pre-Trial conference and such failure is not otherwise satisfactorily explained to the Court: (a) the cause shall stand dismissed for failure to prosecute. Jury Trial set for 9/18/2012 09:00 a.m.; File Final pretrial exhibit stipulation by 09/13/2012; Hearings on Motions in Limine on 09/10/2012 at 3:00 p.m.;Final Pretrial Conference set for 8/27/2012 03:00 p.m. Last day to conduct Settlement Conference 07/23/2012; Last day for hearing Motions 07/30/2012; Discovery cut-off 6/18/2012; Last day to amend pleadings or add parties due by 12/5/2011. (See document for details) (ys) (Entered:

08/31/2011)

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Case 2:10-cv-08185-ODW -FFM Document 37 Filed 06/28/11 Page 1 of 12 Page ID #:938 THEODORE
Case 2:10-cv-08185-ODW -FFM
Document 37
Filed 06/28/11
Page 1 of 12
Page ID #:938
THEODORE E. BACON (CA Bar No. 115395)
tbacon @, AlvaradoSmith.com
2
FRANCES Q. JETT (CA BarNo. 175612)
fjett @, AlvaraaoSmith .com
3
DAVlD J. MASUTANI (CA Bar No. 172305)
dmasutani@AlvaradoSmlth.com
4
ALVARADOSMITH
A Profes~~onal Corporation
5
633 W. 5 J Street, Suite 1100
Los Angeles, California 90071
6
Tel: (213) 229-2400
Fax: (213) 229-2499
7
Attorneys for Defendant
8
JPMORGAN
CHASE BANK, N.A. ,
9
UNITED STATES DISTRlCT COURT
10
CENTRAL DISTRlCT OF CALIFORNIA, WESTERN DIVISION
11
12
DARYOUSHJAVAHERl,
CASE NO.: CV-1O-8185 ODW (FFMx)
13
Plaintiff,
JUDGE: Hon. Otis D. Wright II
14
i"
v.
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15
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JPMORGAN CHASE BANK, N.A.,
ANSWER BY DEFENDANT
JPMORGAN BANK, N.A, TO
SECOND AMENDED COMPLAINT
< ~
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>
16
CALIFORNIA RECONVEYANCE
~
"
COMPANY and DOES 1-150, inclusive,
17
Defendant.
18
Trial Date:
Action Filed:
None Set
October 29,2010
19
20
TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD:
21
Defendant JPMorgan Chase Bank, N.A., ("JPMorgan") answers the Second
22
Amended Complaint ("SAC") of plaintiff Daryoush Javaheri ("Plaintiff') as follows:
23
lntrodllction
24
1.
In response to paragraph 1 of the SAC, as to the allegations concerning
25
Washington Mutual Bank, FA, JPMorgan lacks sufficient information to fOlm a belief
26
as to the truth of the allegations and therefore denies. As to all other allegations,
27
JPMorgan denies the allegations contained therein.
28
2.
In response to paragraph 2 of the SAC, JPMorgan lacks knowledge and
1
209 1987. 1
Case 2:10-cv-08185-ODW -FFM Document 37 Filed 06/28/11 Page 2 of 12 Page ID #:939 information
Case 2:10-cv-08185-ODW -FFM
Document 37
Filed 06/28/11
Page 2 of 12
Page ID #:939
information sufficient to fOlm a belief as to the truth of the allegations contained in
2
said paragraph and therefore denies each and every allegation therein.
3
3.
In response to paragraph 3 of the SAC, JPMorgan lacks knowledge and
4
information sufficient to form a belief as to the truth of the allegations contained in
5
said paragraph and therefore denies each and every allegation therein.
6
Parties and Jurisdiction
7
4.
In response to paragraph 4 of the SAC, based upon information and
8
belief, JPMorgan admits the allegations set forth therein.
9
5 .
In response to paragraph 5 of the SAC, JPMorgan states that it is a
10
national banking association authori zed to do business in the State of Califomia.
11 JPMorgan denies that it is a corporation. As to the remaining allegations, JPMorgan
12
admits it is the current servicer and owner of the Subject Loan.
13
6.
In response to paragraph 6 of the SAC, JPMorgan denies that the loan has
14
been securitized. Except as expressly alleged, JPMorgan lacks knowledge and
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"
"
15
information sufficient to form a belief as to the truth ofthe allegations contained in
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16
said paragraph and therefore denies each and every allegation therein.
;;'
17
7.
In response to paragraph 7 of the SAC, the allegations in this paragraph
18
contain legal conclusions as to which no answer is necessary.
19
Jury Trial Demand
20
8.
In response to paragraph 8 of the SAC, the allegations in this paragraph
21
contain legal conclusions as to which no answer is necessary. To the extent that the
22 paragraph contains allegations of fact directed against JPMorgan, JPMorgan lacks
23
knowledge and infomlation sufficient to form a belief as to the truth of the allegations
24
contained in said paragraph and therefore deny each and every allegation therein.
25
Claims for Relief
26
9.
In response to paragraph 9 of the SAC, JPMorgan denies the allegations
27
contained therein.
28
III
2
2091987.1
Case 2:10-cv-08185-ODW -FFM Document 37 Filed 06/28/11 Page 3 of 12 Page ID #:940 Background
Case 2:10-cv-08185-ODW -FFM
Document 37
Filed 06/28/11
Page 3 of 12
Page ID #:940
Background Facts
2
10.
In response to paragraph JO of the SAC , JPMorgan, based upon
3
information and belief, admits the allegations therein.
4
11.
In response to paragraph 11 of the SAC, JPMorgan lacks knowledge and
5
information sufficient to form a beliefas to the truth ofthe allegations contained in
6
said paragraph and therefore denies each and every allegation therein.
7
12.
In response to paragraph 12 of the SAC, JPMorgan admits that Plaintiff
8
executed a Fixed I Adjustable Rate Note ("Subject Note") in the amount of
9
$2,660,000.00 payable to Washington Mutual Bank, FA. JPMorgan further admits
10
Plaintiff executed the DOT. As to the remaining allegations, Defendant lacks
11
knowledge and information sufficient to form a belief as to the truth ofthe allegations
12
contained in said paragraph and therefore denies each and every remaining allegation
13 therein.
14
13.
In response to paragraph 13 of the SAC, JPMorgan admits the allegations
,
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i
15
contained therein.
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16
14.
In response to paragraph 14 of the SAC, JPMorgan denies the allegations
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17
therein.
18
15.
In response to paragraph 15 of the SAC, JPMorgan admits that it is the
19
owner and servicer of the Loan.
20
16.
In response to paragraph 16 of the SAC, JPMorgan admits the allegations
21
contained therein.
22
17.
In response to paragraph 17 of the SAC, JPMorgan admits that on August
23
16, 2010 , California Reconveyance Company ("CRC") caused to be recorded a Notice
24
of Sale ("NOS") which set the date of the trustees' sale of the Subject Property as
25
September 7, 20 I 0, and that the document is the best evidence of its contents and
26
speaks for itself.
27
III
28
III
3
2091987.1
Case 2:10-cv-08185-ODW -FFM Document 37 Filed 06/28/11 Page 4 of 12 Page ID #:941 FIRST
Case 2:10-cv-08185-ODW -FFM
Document 37
Filed 06/28/11
Page 4 of 12
Page ID #:941
FIRST CAUSE OF ACTION
2
Violation of Civil Code Section 2923.5
3
18 .
In response to paragraph 18 of the SAC,
JPMorgan re-alleges and
4
incorporates by reference paragraphs I through 17 as if set forth herein.
5
19. In response to paragraph 19 of the SAC, JPMorgan admits the allegations
6
contained therein.
7
20. In response
to
paragraph 20
of
the
SAC ,
JPMorgan admits that it
8
received the subject letter, but denies that it was not working to assist the Plaintiff.
9
21. In response to paragraph 21 of the SAC, the allegations in thi s paragraph
10
contain legal conclusions as to which no answer is necessary.
11
22. In response to paragraph 22 of the SAC, JPMorgan denies the allegations
12
therein.
13
23. In response to paragraph 23 of the SAC, the allegations in this paragraph
14
contain legal conclusions as to which no answer is necessary.
>-
"
:;
15
24.
In response to paragraph 24 of the SAC, JPMorgan admits that it sent
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16
Exhibit 7 to the
Complaint, but denies
"
17
25.
In
response to
paragra ph
the remaining allegations .
25 of the SAC, JPMorgan admits on or about
18 May 14,20 10, CRC caused a Notice of Default concerning the Subject Property to be
19
recorded with the Los Angeles County Recorder's Office. Defendant admits the
20
remaining allegations contained in paragraph 25.
21
26.
In response to paragraph 26 of the SAC, JPMorgan denies the allegations
22
contained therein.
23
24
SECOND CAUSE OF ACTION
Wrongful Foreclosure
25
27.
In response to paragraph 27 of the SAC, JPMorgan re-alleges and
26
incorporates by reference paragraphs I through 26 as if set forth herein.
27
28.
In response to paragraph 28 ofthe SAC, JPMorgan denies the allegations
28
therein.
4
209 1987. 1
Case 2:10-cv-08185-ODW -FFM Document 37 Filed 06/28/11 Page 5 of 12 Page ID #:942 1
Case 2:10-cv-08185-ODW -FFM
Document 37
Filed 06/28/11
Page 5 of 12
Page ID #:942
1
29. In response to paragraph 29 of the SAC, JPMorgan alleges no recorded
2
transfer was necessary as it acquired the Loan from the FDIC pursuant to a Purchase
0
.)
and Assumption Agreement dated September 25 , 2008 .
4
30. In response to paragraph 30 of the SAC, JPMorgan denies the
5
allegations therein.
6
31. In response to paragraph 31 of the SAC, JPMorgan denies the allegations
7
therein.
8
32. In response to paragraph 32 of the SAC, JPMorgan admits that the
9
Subject Note speaks for itself and is the best evidence of its contents.
10
33. In response to paragraph 33 of the SAC, JPMorgan admits that the DOT
11 speaks for itself and is the best evidence of its contents.
12
34. In response to paragraph 34 of the SAC, JPMorgan denies the allegations
13 therein.
14
35. In response to paragraph 35 of the SAC, JPMorgan admits that paragraph
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15
24 of the DOT speaks for itself. As to the remaining allegations, JPMorgan denies
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16
each and every allegation therein.
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17
36. In response to paragraph 36 of the SAC, JPMorgan admits that on about
18 May 3, 2010 CRC caused to be recorded a substitution of trustee. Defendant denies
19 Deborah Brignac's signature is a forgery.
20
37. In response to paragraph
37
of the
SAC, JPMorgan denies the subject
21 signature is a forgery.
22
38. In response to paragraph 38 of the SAC, JPMorgan admits that on or
23 about May 14,2010, CRC caused to be recorded a Notice of Default ("NOD")
24 regarding the Subject Propeliy which was signed by Silvia Freeberg. As to the
25 remaining allegations, JPMorgan admits it is described as beneficiary in the
26 Declaration of Compliance. JPMorgan admits that Washington Mutual is described in
27 the NOD as the original beneficiary. JPMorgan denies the loan was sold in 2006.
28
39. In response to paragraph 39 of the SAC, JPMorgan denies the allegations
5
209 1987.1
Case 2:10-cv-08185-ODW -FFM Document 37 Filed 06/28/11 Page 6 of 12 Page ID #:943 contained
Case 2:10-cv-08185-ODW -FFM
Document 37
Filed 06/28/11
Page 6 of 12
Page ID #:943
contained therein.
2
3
THIRD CAUSE OF ACTION
Quasi Contract
4
40. In response to paragraph 40 of the SAC, IPMorgan re-alleges and
5 incorporates by reference paragraphs 1 through 39 as if set fOlth herein.
6
41. In response to paragraph 41 of the SAC, JPMorgan admits the allegations
7 contained therein.
8
42. In response
to
paragraph
42
of
the
SAC ,
JPMorgan denies the allegations
9 contained therein.
10
43. In response to paragraph 43 of the SAC, JPMorgan admits that paragraph
11 23 of the DOT speaks for itself. As to the remaining allegations, JPMorgan denies the
12 allegations therein.
13
44. In response to paragraph 44 of the SAC, the allegations in this paragraph
14
contain legal conclusions as to which no answer is necessary. To the extent that the
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paragraph contains allegations of fact directed against JPMorgan, IPMorgan denies
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17
18
each and every allegation therein.
FOURTH CAUSE OF ACTION
No Contract
19
45. In response to paragraph 45 of the SAC, as this claim has been dismissed
20 with prejudice, no response to this paragraph is required.
21
46. In response to paragraph 46 of the SAC, as this claim has been dismissed
22 with prejudice, no response to this paragraph is required.
23
47. In response to paragraph 47 of the SAC, as thi s claim has been dismissed
24 with prejudice, no response to this paragraph is required.
25
48. In response to paragraph 48 of the SAC, as this claim has been dismissed
26 with prejudice, no response to this paragraph is required.
27
49. In response to paragraph 49 of the SAC, as this claim has been dismissed
28 with prejudice, no response to this paragraph is required.
6
209 1987.1
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50. In response to paragraph 50 of the SAC, as this claim has been dismissed
2
with prej udice, no response to this paragraph is required.
0
51. In response to paragraph 51 of the SAC, as this claim has been dismissed
~
4
with prejudice, no response to this paragraph is required.
5
52. In response to paragraph 52 of the SAC, as this claim has been dismissed
6
with prejudice, no response to this paragraph is required.
7
53. In response to paragraph 53 of the SAC, as this claim has been dismissed
8
with prejudice, no response to this paragraph is required.
9
54. In response to paragraph 54 of the SAC, as this claim has been dismissed
10
with prejudice, no response to this paragraph is required.
11
55. In response to paragraph 55 of the SAC, as this claim has been dismissed
12
with prejudice, no response to this paragraph is required.
\3
56. In response to paragraph 56 of the SAC, as this claim has been dismissed
14
with prejudice, no response to this paragraph is required.
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15
57. In response to paragraph 57 of the SAC, as this claim has been dismissed
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16
"
17
58. In response to paragraph 58 of the SAC, as this claim has been dismissed
18 with prejudice, no response to this paragraph is required.
19
20
FIFTH CAUSE OF ACTION
Quiet Title
21
59. In response to paragraph 59 of the SAC, JPMorgan re-alleges and
22 incorporates by reference paragraphs 1 through 44 as if set forth herein.
23
60. In response to paragraph 60 of the SAC, the allegations in this paragraph
24 contain legal conclusions as to which no answer is necessary. To the extent that the
25 paragraph contains allegations of fact directed against JPMorgan, JPMorgan lacks
26 knowledge and infonnation sufficient to form a belief as to the truth of the allegations
27 contained in said paragraph and therefore deny each and every allegation therein.
28
61. In response to paragraph 61 of the SAC, based upon information and
7
209 1987. 1
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belief, JPMorgan admits the allegations therein.
2
62.
In response to paragraph 62 of the SAC, JPMorgan denies the allegations
3
contained therein.
4
63.
In response to paragraph 63 of the SAC, JPMorgan denies the allegations
5
contained therein.
6
64.
In response to paragraph 64 of the SAC, JPMorgan
denies the allegations
7
contained therein.
8
65.
In response to paragraph 65 of the SAC, the allegations in this paragraph
9
contain legal conclusions as to which no answer is necessary . To the extent that the
10
paragraph contains allegations of fact directed against JPMorgan, JPMorgan denies
11
each and every allegation therein.
12
SIXTH CAUSE OF ACTION
13
Declaratory and Injunctive Relief
14
66.
In response to paragraph 66 of the SAC, JPMorgan re-alleges and
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15
incorporates by reference paragraphs 1 through 44, and 69 through 65 as if set forth
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16
herein.
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67.
In response to paragraph 67 of the SAC, JPMorgan denies the allegations
18
contained therein.
19
68.
In response to paragraph 68 of the SAC, the allegations in this paragraph
20
contain legal conclusions as to which no answer is necessary. To the extent that the
21
paragraph contains allegations of fact directed against JPMorgan, JPMorgan denies
22
each and every allegation therein.
23
69.
In response to paragraph 69 of the SAC, JPMorgan denies the allegations
24
contained therein.
25
70.
In response to paragraph 70 of the SAC, the allegations in this paragraph
26
contain legal conclusions as to which no answer is necessary. To the extent that the
27
paragraph contains allegations of fact directed against JPMorgan, JPMorgan denies
28
each and every allegation therein.
8
209
198 7 1
Case 2:10-cv-08185-ODW -FFM Document 37 Filed 06/28/11 Page 9 of 12 Page ID #:946 71.
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71.
In response to paragraph 71 of the SAC, the allegations in this paragraph
2
contain legal conclusions as to which no answer is necessary. To the extent that the
3
paragraph contains allegations of fact directed against lPMorgan, JPMorgan denies
4
each and every allegation therein, that it acted improperly or that it caused any
5
damage to Plaintiff.
6
SEVENTH CAUSE OF ACTION
7
Intentional Infliction of Emotional Distress
8
72 .
In
response to paragraph 72 of the SAC, as this claim has been dismissed
9
with prejudice, no response to this paragraph is required.
10
73.
In response to paragraph 73 of the SAC, as this claim
has been dismissed
11
with prejudice, no response to this paragraph is required.
12
74.
In response to paragraph 74 of the SAC, as this claim has been dismissed
13
14
with prejudice, no response to this paragraph is required.
75 . In response to paragraph 75 of the SAC , as this claim has been dismissed
E
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15
with prejudice, no response to this paragraph is required.
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16
76.
In response to paragraph 76 of the SAC, as this claim has been dismissed
-<"
17
with prejudice, no response to this paragraph is required.
18
77 .
In
response to paragraph 77 of the
SAC , as this
claim has been dismissed
19
with prejudice, no response to this paragraph is required.
20
78.
In response to paragraph 78 of the SAC, as this
claim has been dismissed
21
with prejudice, no response to this paragraph is required.
22
As separate and distinct affirmative defenses to the SAC on file in this action,
23
JPMorgan alleges as follows :
24
25
FIRST AFFIRMATIVE DEFENSE
(Failure to State a Claim for Relief)
26
I .
The SAC, and each claim asserted in the SAC, fails to set fOlth facts
27
sufficient to constitute a claim for relief against JPMorgan.
28
III
9
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1
2
SECOND AFFIRMATIVE DEFENSE
(Waiver)
3
2.
Plaintiff is balTed by the equitable doctrine of waiver from obtaining any
4
relief as against JPMorgan.
5
6
THIRD AFFIRMATIVE DEFENSE
(Estoppel)
7
3.
Plaintiff is estopped from asserting and/or recovering on any claims
8
against JPMorgan by reason of Plaintiff's own acts, omissions, and conduct.
9
10
FOURTH AFFIRMATIVE DEFENSE
(Unclean Hands)
11
4.
Plaintiff is balTed by the equitable doctrine of unclean hands from
12
asserting any claim against JPMorgan.
13
,
14
FIFTH AFFIRMATIVE DEFENSE
(Privilege)
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5.
The SAC, and each claim asserted in the SAC, is baiTed by virtue ofthe
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fact that all of the acts alleged to have been performed by JPMorgan were privileged
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17
or justified, if performed at all.
18
19
SIXTH AFFIRMATIVE DEFENSE
(Unjust Enrichment)
20
6.
The SAC, and each claim asselied in the SAC, is balTed by virtue of the
21
fact that Plaintiff would be unjustly enriched to the detriment of JPMorgan.
22
23
SEVENTH AFFIRMATIVE DEFENSE
(Offset)
24
7.
The SAC, and each claim asselied in the SAC, is balTed, in whole or part,
25
by virtue of offsets to which JPMorgan is entitled by way of Plain tiff's wrongful
26
conduct.
27
III
28
III
10
2091987. 1
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1
2
EIGHTH AFFIRMATIVE DEFENSE
(Ratification)
3
8. The SAC, and each claim asserted in the SAC, is ban'ed by Plaintiff's
4
ratification of the actions allegedly undertaken.
5
6
NINTH AFFIRMATlVE DEFENSE
(Consent)
7
9. The SAC, and each claim asserted in the SAC, is barred by Plaintiff's
8
consent.
9
10
TENTH AFFIRMATIVE DEFENSE
(Comparative Fault)
11
10. Plaintiff's recovery, if any, must be reduced proportionately to the extent
12 that any damages alleged by Plaintiff are caused and contributed to by Plaintiff's own
13 action or actions by third parties.
14
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ELEVENTH AFFIRMATIVE DEFENSE
(Failure to Mitigate)
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16
11.
Plaintiff is barred from recovering monetary damages from JPMorgan or
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17
any other relief against JPMorgan to the extent Plaintiff failed to mitigate or
18 reasonabl y attempt to mitigate the damages as required by law.
19
TWELFTH AFFIRMATIVE DEFENSE
20
(Right to Add Additional Affirmative Defenses)
21
12.
JPMorgan allege that they cannot fully anticipate all affirmative defenses
22
that may be applicable to the within action. Accordingly, the right to assert additional
23 affirmative defenses, if and to the extent that such affirmative defenses are applicable,
24
is hereby reserved.
25
26
THIRTEENTH AFFIRMATIVE DEFENSE
(Equitable Lien)
27
13.
Defendant alleges that it is entitled to an equitable lien in the amount that
28
its loan paid off existing loans secured by the subject property.
11
2091987.1
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FOURTEENTH AFFIRMATIVE DEFENSE
2
(Good Faith Encumbrancer)
3
14.
Defendant alleges that its security interests in the subject property should
4
stand, as Defendant is a good-faith encumbrancer for value which took its interests
5
without actual or record notice of any adverse claims.
6
WHEREFORE, IPMorgan prays:
7
1. That Plaintiff takes nothing by his SAC;
8
2. For
dismissal of the SAC against JPMorgan with prejudice ;
9
3. For attorneys' fees as permitted by law or contract and costs of suit; and
10
4. For such other and further relief as the Court may deem just and proper.
11
12
Respectfully submitted,
13
DATED: June 28, 2011
ALVARADOSMITH
A Professional Corporation
14
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By:
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/s/ Frances Q. Jett
THEODORE E. BACON
FRANCES Q. JEIT
17
DAVID J. MASUTANI
18
Attorneys for Defendant
JPMORGAN CHASE BANK, N.A.
19
20
21
22
23
24
25
26
27
28
12
209 1987. 1