Doc 30 Plaintiffs Objection To

8/7/2019 Doc 30 Plaintiffs Objection To

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

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GLOBAL CAPITAL LAW, PCGary Harre, Esq. (Bar No. 86938)Diane Beall, Esq. (Bar No. 86877)8700 Warner Ave., Suite 200Fountain Valley, CA 92708

Phone: (714) 907-4182Fax: (714) 907-4175Email: [email protected]

Attorneys for Plaintiff, Brian W Davies

UNITED STATES BANKRUPTCY COURTCENTRAL DISTRICT OF CALIFORNIA

RIVERSIDE DIVISION

In re:

BRIAN W DAVIES,

Debtor. _______________________________ BRIAN W DAVIES,

Plaintiff,

vs.

DEUTSCHE BANK NATIONAL TRUSTCOMPANY AS TRUSTEE OF THERESIDENTIAL ASSET SECUITIZATIONTRUST 2007-A5, MORTGAGE PASSTHROUGH SERIES 2007-E, UNDERTHE POOLING AND SERVICINGAGREEMENT DATED MARCH 1, 2007;et.al.

Defendants.

)))))))))))

)))))))))))

Chapter 7

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

AP No. 6:11-ap-01001-SC

PLAINTIFF’S OBJECTION TODEFENDANT DEUTSCHE BANKNATIONAL TRUST COMPANY’S RJN #7FILED CONCURRENTLY WITH THEIR

OPPOSITION TO PLAINTIFF’S MOTIONFOR JUDGMENT ON THE PLEADINGS

[ Filed concurrently with Plaintiff’s reply toDefendant’s Opposition to Plaintiff’sJudgment on the Pleadings; and Plaintiff’srequest to Strike DBNTC pleading for failureto comply with FRCP 7.1]

Date: May 3, 2011Time: 1:30 pm

Dept: ROOM 5C (Santa Ana)Judge: Hon. Scott C. Clarkson

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Plaintiff Brian W. Davies through his attorneys of record respectfully objects to

Deutsche Bank National Trust Company's (hereinafter "DBNTC") Request for Judicial

Case 6:11-ap-01001-SC Doc 30 Filed 04/25/11 Entered 04/25/11 17:20:08 DescMain Document Page 1 of 4



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Notice #7, filed concurrently with DBNTC’S Opposition to Plaintiff’s Motion for Judgment

on the Pleadings.

On November 11, 2010 and as part of Plaintiffs Bankruptcy Case

No. 6:10-bk-37900-SC Attorney Robert Firth served a Subpoena on DBNTC.

See: [BK Doc 54]. On December 2, 2010 DBNTC responded and supplied

Documents listed as DBNTC Bates 00001-000052.

Plaintiffs subpoena asked DBNTC to produce the documents needed to prove a

complete chain of ownership of both the Deed of Trust along with the Note. See :

Plaintiff’s RJN #4, Exhibit 1, Pages 2-3.

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The documents produced by DBNTC include the following:

1) Interest-Only Period Fixed Rate Note [DBNTC 00001-00005].

2) Temporary Buy down: Schedule and Agreement [DBNTC 00006-00007].

3) Deed of Trust [DBNTC00008-000025].

4) FINAL DOCS [DBNTC 000026].

5) Policy of Title Insurance [DBNTC 000027-000043].

6) FINAL DOCS [DBNTC 000044] inserted in the middle of the title policy.

7) Policy of Title Insurance [DBNTC 000045-46].

8) Terra Lago Purchase Grant Deed unrecorded with initials of Escrow Officer

PT delivered the day after Plaintiff signed the document [DBNTC 000047-

000052].

DBNTC did not produce any credible documents to demonstrate that DBNTC

had the proper chain of title interest in the Deed of Trust along with the Note.

Despite the subpoena requesting documentation of the complete chain of Title of the Note

along with the Deed of Trust.

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DISCUSSION

Federal Rules of Bankruptcy Procedure ("FRBP") 7037(b)(2) authorizes the

bankruptcy court to deem facts as established and to deny a party the opportunity to rebut

such a finding through the introduction of evidence and documents which the party was

obligated to produce under discovery orders and a subpoena Duces Tecum, but which it

had not yet produced. See : Estate of Daily v. Lipipuna Assocs., 940 F.2d 1306 (9th Cir.

1991).

In the case at bar, DBNTC'S contested Motions for Relief from the Automatic Stay

have been denied for Lack of Standing and incredible declarations. DBNTC now produces

new documents in their new attempt to re-litigate these same issues in front of a different

Judge, and in doing so produced a new set of contradictory documents. See: Complaint ¶

94, Deutsche Bank Answer ¶ 94. It would appear that the deed of trust has been assigned

without the note which would be a nullity. Deutsche Bank has failed to respond properly to

the original subpoena issued, and it is apparent that the chain of title is not supported by

these documents.

FRBP 7037(b)(2) allows this court to disallow Deutsche Bank's request for Judicial

Notice. Plaintiff respectfully requests this court to deny Deutsche Bank's Request for

Judicial Notice and to strike these documents from the record.

Respectfully submitted,

Dated: April 25, 2011

______________________________

GARY HARE,

Attorney for BRIAN W DAVIES




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PROOF OF SERVICE OF DOCUMENT

I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding.My business address is: 8700 Warner Avenue Fountain Valley, Ca 92708

A true and correct copy of the foregoing document described as PLAINTIFF’SOBJECTION TO DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY’SRJN #7 FILED CONCURRENTLY WITH THEIR OPPOSITION TO PLAINTIFF’SMOTION FOR JUDGMENT ON THE PLEADINGSwill be served or was served (a) on the judge in chambers in the form and mannerrequired by LBR 5005-2(d); and (b) in the manner indicated below:

I. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (“NEF”) – Pursuant to controlling General Order(s) and Local Bankruptcy Rule(s) (“LBR”), theforegoing 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 adversaryproceeding and determined that the following person(s) are on the Electronic Mail NoticeList to receive NEF transmission at the email address(es) indicated below:

Gary L Harre [email protected] Andrew E Miller [email protected] Loraine L Pedowitz [email protected] United States Trustee (RS) [email protected]

Patricia J Zimmermann (TR) [email protected],[email protected]

II. SERVED BY U.S. MAIL OR OVERNIGHT MAIL(indicate method for each person orentity served): On April 25, 2011, I served the following person(s) and/or entity(ies) atthe last known address(es) in this bankruptcy case or adversary proceeding by placing atrue and correct copy thereof in a sealed envelope in the United States Mail, first class,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 laterthan 24 hours after the document is filed.

Honorable Scott C. Clarkson411 West Fourth Street, Suite 5130Santa Ana, CA 92701-4593

I declare under penalty of perjury under the laws of the United States of America that theforegoing is true and correct.

April 25, 2011Date Type Name Signature

Delores Jackson /s/Delores Jackson
