Response_response_to_request_for_prior_pleadings

Response

Cal. Super. - 2nd Dist.May 21, 2019

Electronically FILED by Sug T R O U T M A N S A N D E R S L L P 1 1 6 8 2 EL C A M I N O R E A L SU IT E 40 0 SA N DI EG O, CA 9 2 1 3 0 - 2 0 9 2 1 ~N O N n e A W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 prior Court of California, County of Los Angeles on 04/16/2020 12:55 PM Sherri R. Carter, Executive Officer/Clerk of Court, by B. McClendon,Deputy Clerk TROUTMAN SANDERS LLP Christopher Kadish (SBN 248714) 222 Central Park Ave., Suite 2000 Virginia Beach, VA 23462 Telephone: (757) 687-7597 Facsimile: (757) 687-7510 christopher.kadish@troutman.com Attorneys for Defendants, Nationstar Mortgage LLC d/ba Mr. Cooper, The Bank of New York Mellon Trust Company, N.A. fka The Bank of New York as successor in interest to JP Morgan Chase Bank, N.A. as Trustee for Bear Stearns ARM Trust, Mortgage Passthrough Certificates, Series 2003-1, and The Bank of new York Mellon FKA The Bank of New York as Successor Trustee to JP Morgan Chase Bank N.A. As Trustee on Behalf of the Certificateholders of the CWHEQ Revolving Home Equity Loan Trust Series 2006-C SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR LOS ANGELES COUNTY - WEST DISTRICT ALICE C. LONGORIA, CASE NO. 19SMCV00950 Plaintiff, DEFENDANTS’ RESPONSE TO ¥. DEFENDANT SHERIFF ALEX VILLANUEVA'’S REQUEST FOR PRIOR Golden Sun Energy Company LLC a PLEADINGS California Limited Liability Company; etal; Assigned To: Judge: Hon. H. Jay Ford Dept.: O Defendants. Date of Filing: May 21, 2019 Trial Date: ~~ None Set Defendants Nationstar Mortgage LLC d/b/a Mr. Cooper, erroneously sued as Nationstar Mortgage LLC, a Delaware Limited Liability Company (“Nationstar”’), The Bank of New York Mellon, f/k/a The Bank of New York as Successor in Interest to JPMorgan Chase Bank, N.A. as Trustee for Bear Stearns ARM Trust, Mortgage Passthrough Certificates, Series 2003-1, erroneously sued as The Bank of New York Mellon Trust Company, National Association f/k/a The Bank of New York as successor in interest to JPMorgan Chase Bank, N.A. as Trustee for Bear Stearns ARM Trust, Mortgage Passthrough Certificates, Series 2003-1 (“BNY 2003”), and 42069650 T R O U T M A N S A N D E R S L L P 1 1 6 8 2 EL C A M I N O R E A L SU IT E 40 0 SA N DI EG O, CA 9 2 1 3 0 - 2 0 9 2 ~N O N n e A W N 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The Bank of New York Mellon fka The Bank of New York as Successor Trustee to JPMorgan Chase Bank N.A. as Trustee on Behalf of the Certificateholders of the CWHEQ Revolving Home Equity Loan Trust Series, 2006-C (“BNY 2006”) (collectively, “Defendants”), in response to Defendant Sheriff Alex Villanueva’s March 17, 2020 Request for Prior Pleadings by providing the following document: 1. Defendants’ Answer and Affirmative Defenses to Complaint, filed with this Court on February 5, 2020. Defendants have no other documents responsive to the Request for Prior Pleadings. Dated: April 16, 2020 TROUTMAN SANDERS LLP By: Christopher Kadish Attorneys for Defendants, Nationstar Mortgage LLC d/ba Mr. Cooper, The Bank of New York Mellon Trust Company, N.A. fka The Bank of New York as successor in interest to JP Morgan Chase Bank, N.A. as Trustee for Bear Stearns ARM Trust, Mortgage Passthrough Certificates, Series 2003-1, and The Bank of new York Mellon FKA The Bank of New York as Successor Trustee to JP Morgan Chase Bank N.A. As Trustee on Behalf of the Certificateholders of the CWHEQ Revolving Home Equity Loan Trust Series 2006-C Defendants’ Response to Request for Prior Pleadings 42069650 T R O U T M A N S A N D E R S L L P 1 1 6 8 2 EL C A M I N O R E A L SU IT E 40 0 SA N DI EG O, CA 9 2 1 3 0 - 2 0 9 2 J AN Wn E a Ww No 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE STATE OF CA, COUNTY OF SAN DIEGO I am employed in the County of San Diego, State of CA. I am over the age of 18 and not a party to the within action; my business address is 11682 El Camino Real, Suite 400, San Diego, CA 92130-2092. On April 16, 2020, I served the following document(s) described as: DEFENDANTS’ ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT BY MAIL: As follows: I am readily familiar with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at San Diego, CA, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postage cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. BY OVERNIGHT MAIL: As follows: I am readily familiar with the firm’s practice of collection and processing correspondence for overnight mailing. Under that practice, it would be deposited with overnight mail on that same day prepaid at San Diego, CA in the ordinary course of business. BY ELECTRONIC MAIL (CRC 2.251): Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses, as last given or submitted on any document which he or she has filed in the case, listed on the attached service list. Henry Patrick Nelson Attorneys for Defendant Los Angeles Rina M. Mathevosian County Sheriff Alex Villanueva Nelson & Fulton Equitable Plaza, Suite 2800 3435 Wilshire Blvd Los Angeles, CA 90010-2014 Defendants’ Response to Request for Prior Pleadings 42069650 T R O U T M A N S A N D E R S L L P 1 1 6 8 2 EL C A M I N O R E A L SU IT E 40 0 SA N DI EG O, CA 9 2 1 3 0 - 2 0 9 2 J AN Wn E a Ww No 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on April 16, 2020, at San Diego, CA A. SE Andrew Sabo Defendants’ Response to Request for Prior Pleadings 42069650 Electronically FILED by Supgrior Court of California, County of Los Angeles on 02/05/2020 05:12 PM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Mohammadi,Deputy Clerk 1 || TROUTMAN SANDERS LLP Patrick Kane (SBN 273103) 11682 El Camino Real, Suite 400 San Diego, California 92130-2092 Telephone: 858-509-6000 Facsimile: 858-509-6040 patrick.kane @troutman.com Attorneys for Defendants, Nationstar Mortgage LLC d/ba Mr. Cooper, The Bank of New York Mellon Trust Company, N.A. fka The Bank of New York as successor in interest to JP Morgan Chase Bank, N.A. as Trustee for Bear Stearns ARM Trust, Mortgage Passthrough 8 || Certificates, Series 2003-1, and The Bank of new York Mellon FKA The Bank of New York as 9 || Successor Trustee to JP Morgan Chase Bank N.A. As Trustee on Behalf of the Certificateholders of the 10 || CWHEQ Revolving Home Equity Loan Trust Series ~N O N n e A W N 2006-C 11 5.2 1 SUPERIOR COURT OF THE STATE OF CALIFORNIA Zig 5 13 FOR LOS ANGELES COUNTY - WEST DISTRICT z 95 = 2% - 14 || ALICE C. LONGORIA, CASE NO. 19SMCV00950 = 15 Plaintiff, DEFENDANTS’ ANSWER AND v. AFFIRMATIVE DEFENSES TO iis COMPLAINT Golden Sun Energy Company LLC a 17 || California Limited Liability Company; Assioned To: Assigned 10: 13 Panorama Energy Financial LILCa Judge: Hon. H. Jay Ford Delaware Limited Liability Company; Dept.: O 19 || Panorama Energy Holdings LLC a California Limited Liability Company; Date of Filing: May 21, 2019 20 || William Maynard an individual; JC Funding Group LLC a Missouri Limited Liability 21 Company; JC Funding — 13, LLC a 2 Missouri Limited Liability Company; Crossland Capital Partners LLC a 23 || California Limited Liability Company; Jeffrey Nicholas Crossland an individual; 24 || Jim Crossland in his capacity as Trustee of the A & J Trust dated 7-9-2008; Wilshire Ocean Terrace Owners Association a California corporation; Nationstar Mortgage LLC, a Delaware Limited 27 || Liability Company; The Bank of New York Mellon Trust Company, National 28 || Association f/k/A/ The Bank of New York Trial Date: None Set 25 26 41343870v2 T R O U T M A N S A N D E R S L L P 11 68 2 EL C A M I N O RE AL SU IT E 40 0 SA N DI EG O, CA 9 2 1 3 0 - 2 0 9 2 J AN Wn E a Ww No 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 as successor in interest to JP Morgan Chase Bank, N.A. as Trustee for Bear Stearns ARM Trust, Mortgage Passthrough Certificates, Series 2003-1; bank of America N.A.; Alex Villanueva in his capacity as Los Angeles County Sheriff; Does 1 to 25; Defendants. Defendants Nationstar Mortgage LLC d/b/a Mr. Cooper, erroneously sued as Nationstar Mortgage LLC, a Delaware Limited Liability Company (“Nationstar”’), The Bank of New York Mellon, f/k/a The Bank of New York as Successor in Interest to JPMorgan Chase Bank, N.A. as Trustee for Bear Stearns ARM Trust, Mortgage Passthrough Certificates, Series 2003-1, erroneously sued as The Bank of New York Mellon Trust Company, National Association f/k/a The Bank of New York as successor in interest to JPMorgan Chase Bank, N.A. as Trustee for Bear Stearns ARM Trust, Mortgage Passthrough Certificates, Series 2003-1 (“BNY 2003”), and The Bank of New York Mellon fka The Bank of New York as Successor Trustee to JPMorgan Chase Bank N.A. as Trustee on Behalf of the Certificateholders of the CWHEQ Revolving Home Equity Loan Trust Series, 2006-C (“BNY 2006”) (collectively, “Defendants”), by their counsel, hereby answer the Complaint filed by Plaintiff Alice Longoria (“Plaintiff”) on May 7, 2019 as follows: GENERAL DENIAL In accordance with sections 431.30(d) and (f) of the Code of Civil Procedure, Defendants hereby deny generally and specifically each and every allegation and cause of action contained in the Complaint; and further deny that, by reason of any act or omission by Defendants or their agents, Plaintiff has been injured or damaged in any sum, or at all. Defendants make this response without waiving any rights to file dispositive motions addressing some or all of the claims asserted in Plaintiff’s Complaint. AFFIRMATIVE DEFENSES Without admitting any of Plaintiff’s allegations or conceding the burden of proof as to any issue found to be an element of the causes of action included in Plaintiff’s Complaint, Defendants allege the following separate Affirmative Defenses based on information and belief. Defendants Defendants’ Answer and Affirmative 2 Case No. 19SMCV00950 Defenses to Complaint 41343870v2 T R O U T M A N S A N D E R S L L P 11 68 2 EL C A M I N O RE AL SU IT E 40 0 SA N DI EG O, CA 9 2 1 3 0 - 2 0 9 2 J AN Wn E a Ww No 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 reserve the right to amend this Answer to add additional Affirmative Defenses consistent with the facts discovered in the case. First Affirmative Defense Failure to State a Cause of Action Each and every cause of action alleged in the Complaint fails to state a claim upon which relief (legal, equitable, or otherwise) can be granted against Nationstar. Second Affirmative Defense Estoppel Each and every cause of action alleged in the Complaint is barred, in whole or in part, by the doctrine of estoppel. Third Affirmative Defense Unclean Hands Each and every cause of action alleged in the Complaint is barred, in whole or in part, by the doctrine of unclean hands. Fourth Affirmative Defense Laches Each and every cause of action alleged in the Complaint is barred, in whole or in part, by the doctrine of laches. Fifth Affirmative Defense Waiver Plaintiff is barred from recovery by the doctrine of waiver. Sixth Affirmative Defense Full Performance Defendants fully performed their purported obligations, if any, to Plaintiff. Seventh Affirmative Defense Damages are Speculative and Uncertain Plaintiff’s alleged damages, if any, are speculative and uncertain and, therefore, are not compensable. Eighth Affirmative Defense Failure to Mitigate Damages All relief sought by Plaintiff against Defendants is limited by Plaintiff’s failure to mitigate her alleged damages. 1" Defendants’ Answer and Affirmative 3 Case No. 19SMCV00950 Defenses to Complaint 41343870v2 T R O U T M A N S A N D E R S L L P 11 68 2 EL C A M I N O RE AL SU IT E 40 0 SA N DI EG O, CA 9 2 1 3 0 - 2 0 9 2 J AN Wn E a Ww No 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Ninth Affirmative Defense Good Faith Each and every cause of action alleged in the Complaint is barred, in whole or in part, because Defendants’ actions with respect to Plaintiff were performed in good faith. Tenth Affirmative Defense Excused, Justified, or Privileged Conduct Assuming that Defendants engaged in any of the acts alleged in the Complaint, which Defendants expressly deny, such acts were excused, justified, and/or privileged. Eleventh Affirmative Defense Contributory/Comparative Negligence Plaintiff’s damages, if any, were proximately caused, in whole or in part, or were contributed to by reason of Plaintiff’s own fault, want of due care, or other conduct. Twelfth Affirmative Defense Third-Party Acts Plaintiff’s claims against Defendants are barred, in whole or in part, because the damages or injury allegedly suffered by Plaintiff were the proximate result, either in whole or part, of acts or omissions of persons or entities other than Defendants, from whom Defendants shall seek indemnity for any damages or injury allegedly suffered by Plaintiff. Thirteenth Affirmative Defense Lack of Standing Each and every cause of action alleged in the Complaint is barred, in whole or in part, because of a lack of standing. Fourteenth Affirmative Defense Statutes of Limitations Plaintiff’s claims are barred by the applicable statutes of limitations. Fifteenth Affirmative Defense Consent Plaintiff’s claims are barred on the grounds that Plaintiff consented to any and all conduct alleged in the Complaint. 1" 1" Defendants’ Answer and Affirmative 4 Case No. 19SMCV00950 Defenses to Complaint 41343870v2 T R O U T M A N S A N D E R S L L P 11 68 2 EL C A M I N O RE AL SU IT E 40 0 SA N DI EG O, CA 9 2 1 3 0 - 2 0 9 2 J AN Wn E a Ww No 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Sixteenth Affirmative Defense Contribution Should Defendants be found liable to Plaintiff, which liability is expressly denied, Defendants are entitled to have any award against them abated, reduced, and/or eliminated to the extent that the negligence, carelessness, fault, or defects caused by the other defendants in this action or by any other individual, corporation, or business entity that contributed to Plaintiff’s damages, if any. Seventeenth Affirmative Defense Set-Off That Plaintiff's claims are subject to set-off based on the acts and wrongdoing of Plaintiff. Eighteenth Affirmative Defense Res Judicata/Collateral Estoppel Plaintiff’s claims are barred by the doctrines of res judicata and collateral estoppel. Nineteenth Affirmative Defense Compliance with Law Defendants met or exceeded the requirements of all applicable laws, regulations, and standards applicable to Defendants. Twentieth Affirmative Defense Failure of Conditions Precedent Conditions precedent, which may have given rise to a duty to act or liability on the part of Defendants, did not arise. Twenty First Affirmative Defense Statute of Frauds Plaintiff is barred by the Statute of Frauds from asserting some or all of the claims alleged in the Complaint. Twenty Second Affirmative Defense Reservation of Rights Defendants lack knowledge or information sufficient to form a belief as to whether they may have additional, as yet unstated, affirmative defenses available. Defendants reserve the right Defendants’ Answer and Affirmative 5 Case No. 19SMCV00950 Defenses to Complaint 41343870v2 T R O U T M A N S A N D E R S L L P 11 68 2 EL C A M I N O RE AL SU IT E 40 0 SA N DI EG O, CA 9 2 1 3 0 - 2 0 9 2 J AN Wn E a Ww No 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 to assert additional defenses in the event that further investigation and discovery indicates that such defenses would be appropriate. WHEREFORE, Defendants pray for judgment as follows: 1. Ze fees; Dated: February 5, 2020 That Plaintiffs take nothing by reason of the Complaint herein; That Defendants be dismissed with prejudice; To the extent to which law, equity, or contract allows, for reasonable attorney’s For costs of suit incurred herein; and For such other and further relief as the Court may deem just and proper. TROUTMAN SANDERS LLP By: Ra Patrick J. Kane, Esq. 11682 El Camino Real, Suite 400 San Diego, California 92130-2092 Telephone: 858-509-6000 Facsimile: 858-509-6040 patrick. kane @troutman.com Attorneys for Defendants, Nationstar Mortgage LLC d/ba Mr. Cooper, The Bank of New York Mellon Trust Company, N.A. fka The Bank of New York as successor in interest to JP Morgan Chase Bank, N.A. as Trustee for Bear Stearns ARM Trust, Mortgage Passthrough Certificates, Series 2003-1, and The Bank of new York Mellon FKA The Bank of New York as Successor Trustee to JP Morgan Chase Bank N.A. As Trustee on Behalf of the Certificateholders of the CWHEQ Revolving Home Equity Loan Trust Series 2006-C Defendants’ Answer and Affirmative 6 Case No. 19SMCV00950 Defenses to Complaint 41343870v2 T R O U T M A N S A N D E R S L L P 11 68 2 EL C A M I N O RE AL SU IT E 40 0 SA N DI EG O, CA 9 2 1 3 0 - 2 0 9 2 J AN Wn E a Ww No 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Alice C. Longoria v. Golden Sun Energy Company LLC, et al. Case No. 19SMCV00950 PROOF OF SERVICE STATE OF CA, COUNTY OF SAN DIEGO I am employed in the County of San Diego, State of CA. I am over the age of 18 and not a party to the within action; my business address is 11682 El Camino Real, Suite 400, San Diego, CA 92130-2092. On February 5, 2020, I served the following document(s) described as: DEFENDANTS’ ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT BY MAIL: As follows: I am readily familiar with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with U.S. postal service on that same day with postage thereon fully prepaid at San Diego, CA, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if postage cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit. BY OVERNIGHT MAIL: As follows: I am readily familiar with the firm’s practice of collection and processing correspondence for overnight mailing. Under that practice, it would be deposited with overnight mail on that same day prepaid at San Diego, CA in the ordinary course of business. BY ELECTRONIC MAIL (CRC 2.251): Based on a court order or an agreement of the parties to accept service by e-mail or electronic transmission, I caused the documents to be sent to the persons at the e-mail addresses, as last given or submitted on any document which he or she has filed in the case, listed on the attached service list. Andrew P. Altholz 100 Wilshire Blvd., Suite 700 Santa Monica, CA 90401-3602 (310) 451-0789 andrewpaltholz@msn.com Attorneys for Plaintiff Alice C. Longoria 41345763v1 PROOF OF SERVICE T R O U T M A N S A N D E R S L L P 11 68 2 EL C A M I N O RE AL SU IT E 40 0 SA N DI EG O, CA 9 2 1 3 0 - 2 0 9 2 ~N N n R W 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on February 5, 2020, at San Diego, CA. pI Ao Lome t Erika K. Schmidt 41345763v1 -2- PROOF OF SERVICE