Davenport et al v. Washington Mutual Bank, FA

MOTION to Compel Discovery

N.D. Cal.April 28, 2016

6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Clyde R. Davenport & Ellen L. Davenport 5555 Thayer Lane San Ramon, CA 94582 UNITED STATES DISTRICT COURT OF NORTHERN DISTRICT OF CALIFORNIA rn CLYDE R. DAVENPORT & ELLEN L DAVENPORT Plaintiff, vs. WASHINGTON MUTUAL BANK, FA ALL PERSONS KNOWN or Entities Unknown, Claiming Any Legal Or Equitable Right, Title Estate, Lien or Interest In The Property Described In the Petition Adverse To Plaintiff title, CLYDE R. DAVENPORT & ELLEN L. DAVENPORT Or Any Cloud upon Plaintiff's title thereto" Defendant Case No. 3:16-cv-013*4i3- _ MOTION TO COMPEL Dlg&VERif TITLE 5 U.S.C sectioS'^55^--' (d)The Proponent of ^e ^le order has the burden of proof. Date: May 20, 2016 Time: 9:30 a.m. Department: Courtroom G, 15^^ F1 Judge: Hon. Joseph C. Spero Pursuant to Rule 26,(a)(1)(B) and Rule 34 Plaintiffs Clyde R. Davenport and Ellen L. Davenport hereby request that Defendants Wamu and their Attorneys for Defendants JPMORGAN CHASE BANK, N.A. WASHINGTON MUTUAL BANK, F.A. (please note: where discovery requests are directed to a corporation, counsel for the corporation is required to nominate officers of the corporation to answer). Plaintiffs, Clyde R. Davenport and Ellen L. REQUEST FOR NOTICE OF LIS PENDENS Case 3:16-cv-01343-EMC Document 17 Filed 04/28/16 Page 1 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Davenport submit the following request for admissions to Defendants WASHINGTON MUTUAL BANK FA. You are required to answer each request for admissions separately and fully, in writing, under oath, and to serve a copy of the responses upon Clyde R. Davenport and Ellen L. Davenport within (30) days after service of these requests for admissions. Instructions These requests for admissions are directed toward all information known or available to Clyde R. Davenport and Ellen Davenport including information contained in the records and documents in WASHINGTON MUTUAL BANK FA custody or control or available to Clyde R. Davenport and Ellen Davenport upon reasonable inquiry. Where requests for admissions cannot be answered in full, they shall be answered as completely as possible and incomplete answers shall be accompanied by a specification of the reasons for the incompleteness of the answer and of whatever actual knowledge is possessed with respect to each unanswered or incompletely answered request for admission. Requests for admissions REQUEST FOR NOTICE OF LIS PENDENS Case 3:16-cv-01343-EMC Document 17 Filed 04/28/16 Page 2 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Requests for admissions First admission: Admit or deny that WASHINGTON MUTUAL BANK is not licensed to do business in California by virtue of being registered with the Secretary of State or the Secretary of State of Banking and nominating an agent for service of process Without proof of being licensed to do business in California, WASHINGTON MUTUAL BANK lacks standing to bring suits in California courts depriving this court of subject matter jurisdiction. Admitted Denied Second admission: Admit or deny that officers of WASHINGTON MUTUAL BANK have not reviewed each contract or agreement which involved a transfer, assignment, sale, exchange, pledge, loan servicing arrangement, or securitization of the Mortgage Loan since its creation. Admitted Denied Third Admit or deny that WASHINGTON MUTUAL BANK rights and obligations with the California Secretary of State has been Surrendered since 09/2008 and still current as of present. MOTION TO COMPEL DISCOVERY Case 3:16-cv-01343-EMC Document 17 Filed 04/28/16 Page 3 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Denied Fourth: Admit or deny that WASHINGTON MUTUAL BANK FA complied With AB 2341 allowed all ^'conditionally dissolved" corporations to become dissolved without a tax clearance certificate. Even though a corporation is dissolved, the corporation and its transferees remain liable for any outstanding returns or tax liabilities per Cal. Code of Regs. §23151. Admitted Denied Fifth: Admit or deny that WASHINGTON MUTUAL BANK FA complied with California Corporations Code section 2112. Upon the filing of the Certificate of Surrender by the Secretary of State, the foreign corporation will be completely surrendered and the corporate rights, powers and privileges of the corporation will cease in California. Admitted Denied Sixth:Admit or deny that WASHINGTON MUTUAL BANK FA complied with Section 23332 of the Revenue and Taxation Code, has been or will be filed with the Franchise Tax Board, as required under Part 10.2 (commencing with Section 18401) of Division 2 of the 4 REQUEST FOR NOTICE OF LIS PENDENS Case 3:16-cv-01343-EMC Document 17 Filed 04/28/16 Page 4 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Revenue and Taxation Code. Admitted Denied Seventh Admit or deny that officers of WASHINGTON MUTUAL BANK FA know and understand that attorneys who purchase evidence of debt and then file lawsuits in the name of the original maker of the debt are committing felony fraud. This admission is necessary to show that WASHINGTON MUTUAL BANK FA is involved in racketeering and Tax Evasion. Admitted Denied This court is further noticed: at least one officer from WASHINGTON MUTUAL BANK FA must be identified as the author of admissions - statements of counsel are not facts before the court. mmo/L REQUEST FOR NOTICE OF LIS PENDENS Case 3:16-cv-01343-EMC Document 17 Filed 04/28/16 Page 5 of 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Print name title Officer of WASHINGTON MUTUAL BANK FA State of County of Before me this day appeared , known to me as the person who made the above and foregoing statements of his own free will. My commission expires Notary Prepared and submitted by: Clyde R. Davenport and Ellen L. Davenport Certificate of service. I, Clyde R. Davenport and Ellen L. Davenport, certify that , 2016, I mailed a true and correct copy of the above and foregoing request for admissions via certified mail, return receipt. requested to: Clyde R. Davenport & Ellen L. Davenport 5555 Thayer Lane San Ramon, CA 94582 REQUEST FOR NOTICE OF LIS PENDENS Case 3:16-cv-01343-EMC Document 17 Filed 04/28/16 Page 6 of 7 PROOF OF SERVICE BY MAIL C.C.P. 1013a I declare that I am a resident of or employed in the County of Contra Costa California. I am over the age of 18 years and not a party to the within entitled cause. The name and address of my residence or business is 3527 MtDiablo Blvd., #376, Lafayette, CA 94549 I am readily familiar with the ordinary practice of the business of collecting,processing and depositing correspondence in the United States Postal Service and that the correspondence will be deposited the same day with postage thereon fully prepaid. On 04/28/2016 , I served the Motion Compel to Discovery on the parties listed below by placing a true copy thereof enclosed in a sealed envelope for collection and mailing in the United States Postal Service following ordinary business practices at Contra Costa , California addressed as follows: Joseph E Addiego III Mary McNeill DAVIS WRIGHT TREMAINE LLP 505 Montgomery Street, Suite 800 San Francisco CA 94111 I declare under penalty of peijury that the foregoing is true and correct and that this declaration was executed on 04/28/2016 , at Lafayette California. Angela Leung (Type or print name) (Signature) Case 3:16-cv-01343-EMC Document 17 Filed 04/28/16 Page 7 of 7