dbntc discovery requests ap 6 10 ap 01001 (2)

7

UNITED STATES BANKRUPTCY COURT

CENTRAL DISTRICT OF CALIFORNIA

RIVERSIDE DIVISION

II/ANDREW E. MILLER (BAR NO. 213504)LORAINE L. PEDOWItZ (BAR NO. 120614)

2 IISARlNA SALUJA (BAR NO. 253781)ALLEN MATKINS LECK GAMBLE

3 II MALLORY & NATSIS LLP515 South Figueroa Street, Ninth Floor

4 IILos AngeleS~ California 90071-3309Phone: (213 622-5555

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

6 II lpedowltz(ci),[email protected]

Attorneys for Defendants8 IIDEUTSCHE BANK NATIONAL TRUST

COMPANY9

10

11

12

Chapter 7

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

15 BRIANW. DAVIES, an Individual, Adv. No.: 6:11-ap-Ol00l-SC

16 Plaintiff,

17 vs.

13 1/ In reBRIAN W. DAVIES.

18 IIDEUTSCHE BANK NATIONALTRUST COMPANY, AS TRUSTEE OF

19 IITHE RESIDENTIAL ASSETSECURITIZATION TRUST 2007-A5,

20 IIMORTGAGE PASSTHROUGHCERTIFICATES, SERIES 2007-

21 IIE, UNDER THE POOLING ANDSERVICING AGREEMENT DATED

2211March 1,;2007,; ITS ASSIGNS AND/ORSUCCE~SOR~ IN INTEREST; and all

23 IIpersons claiming by, through, or undersuch person, all persons unknown,

24 IIclaiming any legal or equitable right,title, estate, lien, or interest in the

25 IIproperty described in the complaintadverse to Plaintiffs title thereto; and

26 IIDOES 1-150, Inclusive,

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

27

28

Defendants.

LAW OFFICES

Allen Matkins Leek GambleMallory & Natsis LLP

887424.01fLA-1-

1

2 PROPOUNDING PARTY: Defendant DEUTSCHE BANK NATIONAL

3 TRUSTCONWANY

4 RESPONDING PARTY: Plaintiff BRIAN W. DAVIES

5 SET NO: One

6 TO PLAINTIFFS AND THEIR ATTORNEY OF RECORD:

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

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

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

10 Company, as trustee of the Residential Asset Securitization Trust 2007 - A5

11 Mortgage Passthr ugh Certificates, Series 2007-E, Under the Pooling and Servicing

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

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

14 Admissions withi thirty (30) days after service hereof at Allen Matkins Leek

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

16 California, 90071-3398.

17 DEFINITIONS

887424.011LA-2-

18 Words printed in BOLDFACE CAPITAL letters are defined herein as

19 follows:

20 1. "YOU" "YOUR ""DAVIES" and "DEBTOR" mean and include, ,21 Plaintiff Brian Davies, the responding party, as well as all employees,

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

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

24 behalf.

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

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

27 2007 - A5 Mortgage Passthrough Certificates, Series 2007-E, Under the Pooling

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


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

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

3 person or entity ho is acting or is believed to have acted on its behalf.

3. "RELATING TO" and "REFERRING TO" and "RELATING4

5 THERETO" mean and include alluding to, responding to, pertaining to, connected

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

7 showing, describi g, mentioning, respecting, analyzing, evidencing, constituting,

8 supporting, or concerning.

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

10 plural, as appropriate, any natural person, proprietorship, partnership, joint venture,

11 corporation, trust, association, and all other forms of organization. The reference to

12 any PERSON incl des all employers, employees, agents, partners, officers,

13 directors, representatives, agents, and affiliates of such PERSON, if any.

14 5. "IDE TIFY" means to provide a complete description, sufficient to

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

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

17 name, residence a dress, residence telephone number, business address, business

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

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

20 place; and when u ed in relation to any object or thing, "IDENTIFY" means to

21 provide a complet ,particular description of such object or thing, such as by date,

22 type, location, source, and physical description.

23 6. "COMPLAINT" shall refer to YOUR Adversary Complaint filed on

24 or about January 1,2011, which is adversary number 6:11-ap-Ol00l-SC, currently

25 pending 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 located at and com only known as 43-277 Sentiero Dr., Indio, CA 92203.LAW OFFICES


887424.011LA-3-

1 8. The term "LOAN" shall refer to the Balloon and Planned Unit

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

3 well as the Deed of Trust dated November 16,2006, also signed by YOU, and

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

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

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

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

887424.011LA-4-

8 to any oral, writte ,or electronic transmittal of information, opinion, belief, idea, or

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

10 mail, or by any other means.

11 10. "DOCUMENT" or "DOCUMENTS" mean and include the original

12 and every non-ide tical copy of or attachment to any printed, typewritten, or

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

14 defined by the Fe eral Rules of Evidence, and any other tangible thing known to

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

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

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

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

19 bankruptcy proceeding, Case No.6: 10-bk-3 7900-SC, filed on August 31, 2010, and

20 currently pending in the United States Bankruptcy Court, Central District of

21 California, Riverside Division.

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

23 DEBTOR filed the bankruptcy petition in the BANKRUPTCY CASE.

24 1. Please note that the conjunction "and" shall be interpreted herein

25 inclusively so as not to exclude any information otherwise sought within the scope

26 of these Requests for Production.

27

28LAW OFFICES

Allen Matkins Leck GambleMallory & Natsis LLP

1 REQUESTS FOR ADMISSION

2 Admit that each of the following facts is true:

3 REQUEST FOR ADMISSION NO.1

4 Admit YOU have no facts to support YOUR First Claim for Relief in the

5 COMPLAINT.


7 Admit YOU have no facts to support YOUR Second Claim for Relief in the

8 COMPLAINT.


10 Admit YOU have no facts to support YOUR Third Claim for Relief in the

11 COMPLAINT.

12 REQUEST FOR ADMISSION NO.4:

13 Admit YO have no facts to support YOUR Fourth Claim for Relief in the

14 COMPLAINT.


16 Admit YO have no facts to support YOUR Fifth Claim for Relief in the

17 COMPLAINT.


19 Admit YOU have no facts to support YOUR Sixth Claim for Relief in the

20 COMPLAINT.


22 Admit YOU have not fully repaid the proceeds obtained from the LOAN.


24 Admit YOU do not have sufficient funds to repay the proceeds obtained from

25 the LOAN.

2627

28LAWOFFfCES


887424.011LA-5-

LAW OFFICES



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

3 proceeds obtaine from the LOAN.

4 REQUEST FOR ADMISSION NO. 10:

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

6

7 Dated: March 25,2011

8

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10

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13

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15

16

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18

19

20

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22

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24

ALLEN MATKINS LEeK GAMBLEMALLORY & NATSIS LLP

ANDREW E. MILLERLORAINE L. PEDOWITZSARIN ALUJ

25

26

27

28

88742401ILA-6-

1 PROOF OF SERVICE

8 Garry L. HarreGlobal Capital Law PC

9 17111 Beach Bl., te. 100Huntington Beach, CA 92647

10 Tel: 714.907.4182

11

Attorney for Plaintiff

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

3 515 South FIgueroa Street, Ninth Floor, Los Angeles, California 90071-3309.

4 On March 25,2011, I served the within document(s) described as:

5 DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY'SFIRST SET OF REQUESTS FOR ADMISSION PROPOUNDED TO

6 PLAINTIFF BRIAN W. DAVIES

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

~ BY OVERNIGHT DELIVERY: I deposited in a box or other facility12 regularly maintained by FedEx, or delivered to a courier or driver authorized

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

15 I declare under penalty of perjury 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 foregoing is true and correct.

17

18

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20

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23

24

25

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Executed on March 25,2011, at Los Angeles, California~!l/) VdMarcella Lyons ~L~'L let!IJ0

(Type or rint name) (Signature of Declarant)

LAW OFFICES


887424.01/LA

1 ANDREW E. MILLER (BAR NO. 213504)LORAINE L. PE OWITz (BAR NO. 120614)

2 SARINA SALUJA (BAR NO. 253781)ALLEN MATKINS LECK GAMBLE

3 MALLORY & ATSIS LLP515 South Figuer a Street, Ninth Floor

4 Los AngeleS~Califomia 90071-3309Phone: (213 622-5555

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

6 [email protected]

Attom~s for Defendant8 DEUTSCHE BANK NATIONAL TRUST

COMPANY



RIVERSIDE DIVISION

LAW OFFICES

Allen Matkins Leek GambleMallory & Natsis LLP DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY'S

INTERROGATORIES TO PLAINTIFF

7

16 Plaintiff,

17 v.

18 DEUTSCHE BANK NATIONALTRUST COMPANY, AS TRUSTEE OF

19 THE RESIDENTIAL ASSETSECURITIZATION TRUST 2007-A-5,

20 MORTGAGEPASSTHROUGHCERTIFICATES, SERIES 2007-E,

21 UNDER THE POOLING ANDSERVICING AGREEMENT DATED

22 March IS2007S IT ASSIGNS, AND/ORSUCCE SOR IN INTEREST; and all

23 persons claiming by, thro~ or undersuch person, all persons u own,

24 claiming any legal or equitable right,title, estate, lien, or interest in the

25 property described in the complaintadverse to Plaintiffs title thereto; and

26 DOES 1-150, Inclusive,

27 Defendants.

9

1011

12Chapter 7

13Case No. 6:10-BK-37900-SC

1411 ~Adv. No. 6:11-AP-01001-sc

15 BRIAN W. DAVIES, an Individual,DEFENDANT DEUTSCHE BANKNATIONAL TRUST COMPANY'SFIRST SET OF INTERROGATORIESTO PLAINTIFF BRIAN W. DAVIES

In re

BRIAN W. DAVIES ..

28

888664.011LA

1 PROPOUNDING PARTY:

2

Defendant DEUTSCHE BANK NATIONAL

TRUST COMPANY

Plaintiff BRIAN W. DAVIES

LAWQFFICES

Allen Matkins Leck GambleMallOry & Natsis LLP

-2-

3 RESPONDING ARTY:

4 SET NUMBER: One


6 Civil Procedure, Rule 7033 of the Federal Rules of Bankruptcy Procedure, and

7 Central District L cal Rule 7026-3, the Defendant Deutsche Bank National Trust

8 Company, as trustee of the Residential Asset Securitization Trust 2007-A-5

9 Mortgage Passthrough Certificates, Series 2007-E, Under the Pooling and Servicing

10 Agreement Dated March 1, 2007 ("Deutsche Bank") hereby requests that Plaintiff

11 Brian W. Davies ("Plaintiff' or "Davies") serve his written responses to this First

12 Set of Interrogatories within thirty (30) days after service hereof at Allen Matkins

13 Leek Gamble Mallory & Natsis LLP, 515 S. Figueroa Street, 9th Floor, Los Angeles,

14 California, 90071-3398.

15 DEFINITIONS

16 Words printed in BOLDFACE CAPITAL letters are defined herein as

17 follows:

18 1. "YOU" "YOUR" and "DEBTOR" mean and include Plaintiff, ,19 Brian W. Davies, the responding party, as well as all employees, representatives,

20 attorneys, agents, uccessors-in-interest, assignors and/or any other person or entity

21 who is acting or is believed to have acted on Brian W. Davies' behalf.

22 2. "Deutsche Bank" means and includes Defendant Deutsche Bank

23 National Trust Company, as trustee of the Residential Asset Securitization Trust

24 2007-A-5 Mortgage Passthrough Certificates, Series 2007-E, Under the Pooling and

25 Servicing Agreement Dated March 1,2007, the propounding party, as well as its

26 officers, directors, parents, subsidiaries, predecessors, successors-in-interest,

27 divisions, agents, employees, attorneys, accountants, investigators, and any other

28 person or entity who is acting or is believed to have acted on its behalf.

DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY'SINTERROGA TORIES TO PLAINTIFF

888664.011LA

1 "RELATING TO" and "REFERRING TO" and "RELATING3.

2 THERETO" mean and include alluding to, responding to, pertaining to, connected

3 with, commentin on, reviewing any aspects of, about, regarding, discussing,

4 showing, describi g, mentioning, respecting, analyzing, evidencing, constituting,

5 supporting, or co cerning.

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

7 plural, as appropriate, any natural person, proprietorship, partnership, joint venture,

8 corporation, trust, association, and all other forms of organization. The reference to

9 any PERSON includes all employers, employees, agents, partners, officers,

10 directors, represe tatives, agents, and affiliates of such PERSON, if any.11 5. "IDENTIFY" means to provide a complete description, sufficient to

12 permit the requesting party to locate and identify t bject matter of any request.

13 When used in relation to any PERSON, " NTIFY" means to nrovide the full

14 name, residence address, residence) ephone number, business address, business

15 telephone number, and ~nShip to YOU of that PERSON. When used in

16 relation to a place, J"JJENTIFY"means to provide the complete address of any---------- -

17 place. andwhen used in relation to any object or thing, "IDENTIFY" means to

18 provide a complete, particular description of such object or thing, such as by date,

19 type, location, source, and physical description.

20 6. "COMPLAINT" shall refer to YOUR Adversary Complaint filed on

21 or about January 1, 2011, which is adversary number 6: ll-ap-O 100 I-SC, currently\

22 pending in the United States Bankruptcy Court, Central District of California,

23 Riverside Division.

24 7. The" ROPERTY" mean and refers to that certain real property

25 located at and commonly known as 43-277 Sentiero Dr., Indio, CA 92203.

26 8. The t rm "LOAN" shall refer to the Balloon and Planned Unit

27 Development Note, dated November 16, 2006, and which was signed by YOU, as

28 well as the Deed of Trust dated November 16,2006, also signed by YOU, andLAW OFFICES


-3-DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY'S

INTERROGA TORIES TO PLAINTIFF888664.011LA

which RELATE TO the above-referenced Balloon and Planned Unit

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


4 9. "COMMUNICATION" or "COMMUNICATIONS" mean and refer

5 to any oral, written, or electronic transmittal of information, opinion, belief, idea, or

6 statement, whether made in person, by telephone, electronic mail, voicemail, fax,

7 mail, or by any ot er means.


9 and every non-identical copy of or attachment to any printed, typewritten, or


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

12 YOU in YOUR p ssession, custody or control, whether printed, recorded,




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



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

20 DEBTOR filed the bankruptcy petition in the BANKRUPTCY CASE.

21 Please note that the conjunction "and" shall be interpreted herein inclusively

22 so as not to exclude any information otherwise sought within the scope of these

23 Requests for Prod ction.

24

25

262728

LAWDFFICES

Allen Matkins Leck GambleMallory & Natsis LLP


INTERROGA TORIES TO PLAINTIFF888664.011LA

1 INTERROGATORIES

2 INTERROGATORY NO. 1:

3 State all facts RELATING TO the causes of action YOU allege in YOUR

4 COMPLAINT.

5 INTERROGATORY NO.2:

6 IDENTIFY all PERSONS with knowledge of the facts RELATING TO the

7 causes of action YOU allege in YOUR COMPLAINT.


9 IDENTIFY all DOCUMENTS RELATING TO the causes of action YOU

10 allege in YOUR COMPLAINT.


12 State all facts RELATING TO all damages, including but not limited to

13 statutory damages and attorneys' fees that YOU claim to have suffered in YOUR

14 COMPLAINT.


16 IDENTIFY all PERSONS with knowledge of the facts RELATING TO all

17 damages, including but not limited to statutory damages and attorneys' fees that

18 YOU claim to hav suffered in YOUR COMPLAINT.


20 IDENTIFY all DOCUMENTS RELATING TO all damages, including but

21 not limited to statutory damages and attorneys' fees that YOU claim to have suffered

22 in YOUR COMPLAINT.


24 IDENTIFY all payments YOU have made to any PERSON RELATING

25 TO all damages, including but not limited to attorneys' fees that YOU claim to have

26 suffered in YOUR COMPLAINT.

27

28

LAWDFF'CES



INTERROGA TORIES TO PLAINTIFF888664.01fLA

LAW OFFICES


-6-

INTERROGATORY NO.8:

2 IDENTIFY all DOCUMENTS RELATING TO YOUR contention, in the

3 COMPLAINT, t at DEUTSCHE BANK, "caused to be filed false 'Assignments of

4 Deed of Trusts' or 'Wild Deed Instruments' with the Riverside County Recorder."


6 State all facts RELATING TO YOUR contention, in the COMPLAINT,

7 that DEUTSCHE BANK, "caused to be filed false 'Assignments of Deed of Trusts'

8 or 'Wild Deed Instruments' with the Riverside County Recorder."



11 COMPLAINT, that DEUTSCHE BANK "as 'Trustee' holds only 'nominal Legal

12 Title' to represent the trust."



15 that that DEUTSCHE BANK "as 'Trustee' holds only 'nominal Legal Title' to

16 represent the trust."



19 COMPLAINT, that "the 'Deed of Trust' has no value since it is wholly insecured."



22 that that "the 'Dee of Trust' has no value since it is wholly insecured."



25 COMPLAINT, that "if [Deutsche Bank National Trust Company] purchased the

26 'Promissory Note' and paid 'MERS', such assignment would constitute fraudulent

27 conveyance."

28

DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY'SINTERROGATORlES TO PLAINTIFF

888664 01(LA

LAW OFFICES


-7-



3 IIthat "if [Deutsche Bank National Trust Company] purchased the 'Promissory Note'

4" and paid '11ERS', such assignment would constitute fraudulent conveyance. II



7. COMPLAINT, that the DEUTSCHE BANK "participated in fraud by processing

8 "falsified assignments of the 'Deed of Trust."



11 that DEUTSCHE BANK "participated in fraud by processing falsified assignments

12 "of the 'Deed of Trust.' II



15 COMPLAINT, that DEUTSCHE BANK "falsely represented to Plaintiff that they

16 "received valid assignment of 'Deed of Trust' and enforceable endorsement of the

17 "'Promissory Note' to procure payments from Plaintiff that they were not entitled to

18 "receive."

19 II INTERROGATORY NO. 19:

20" State all facts RELATING TO YOUR contention, in the COMPLAINT,

21 "that DEUTSCHE BANK "falsely represented to Plaintiff that they received valid

22 "assignment of'Deed of Trust' and enforceable endorsement of the 'Promissory Note'

23 lito procure payments from Plaintiff that they were not entitled to receive. II

24 IIINTERROGATORY NO. 20:

25 II State all COMMUNICATIONS RELATING TO YOUR contention that in

26 lithe COMPLAINT that DEUTSCHE BANK "falsely represented to Plaintiff that

2711 they received valid assignment of 'Deed of Trust' and enforceable endorsement of

28

888664.011LADEFENDANT DEUTSCHE BANK NATIONAL TRUST COMPANY'S

INTERROGA TORIES TO PLAINTIFF

1 the 'Promissory Note' to procure payments from Plaintiff that they were not entitled

2 to receive."

3 INTERROGAT RY NO. 21:

4 IDENTIFY all PERSONS with knowledge of the facts RELATING TO

5 YOUR contentio that DEUTSCHE BANK "falsely represented to Plaintiff that

6 they received valid assignment of 'Deed of Trust' and enforceable endorsement of

7 the 'Promissory ote' to procure payments from Plaintiff that they were not entitled

8 to receive."

9


11

ALLEN MATKINS LECK GAMBLEMALLORY & NATSIS LLP

ANDREW E. MILLERLORAINE L. PEDOWITZS~ALUJA

By:' r

~~~

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17

18

19

2021

Attorneys for DefendantDEUTSCHE BANK NATIONALTRUST COMPANY

2223

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25

2627

28LAW OFFICES



INTERROGA TORIES TO PLAINTIFF88866401ILA

9

10

11

12



RIVERSIDE DIVISION

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

211SARINA SALUJA (BAR NO. 253781)ALLEN MATKINS LECK GAMBLE

311 MALLORY & NATSIS LLP515 South Figueroa Street, Ninth Floor

4 IILos AngeleS~California 90071-3309Phone: (213 622-5555

5 IIFax: (213) 20-8816E-Mai1: [email protected]

6 II lpedowltz(a)[email protected]

711Attorneys for Defendants

8 IIDEUTSCHE BANK NATIONAL TRUSTCOMPANY

13 IIIn reBRIAN W. DAVIES.

Chapter 7

14 Case No. 6:10-bk-37900-SC

15 BRIANW. DAVIES, an Individual, Adv. No.: 6:11-ap-OlOOl-SC

16 Plaintiff,

17 vs.

18 IIDEUTSCHE BANK NATIONALTRUST COMPANY, AS TRUSTEE OF

19 liTHE RESIDENTIAL ASSETSECURITIZATION TRUST 2007-A5,

20 IIMORTGAGE PASSTHROUGHCERTIFICATES, SERIES 2007-

21 liE, UNDER THE POOLING ANDSERVICING AGREEMENT DATED

22 IIMarch 1, 2007;, ITS ASSIGNS AND/ORSUCCESSOR~ 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

25 IIproperty described in the complaintadverse to Plaintiffs title thereto; and

2611DOES 1-150, Inclusive,

DEFENDANT DEUTSCHE BANKNATIONAL TRUST COMPANY'SFIRST SET OF REQUESTS FORPRODUCTION OF DOCUMENTSPROPOUNDED TO PLAINTIFFBRIAN w. DAVIES

27

28

Defendants.

LAW OFFICES


887423.011LA-1-

1

2 PROPOUNDIN PARTY: Defendant DEUTSCHE BANK NATIONAL

3 TRUSTCONWANY

4 RESPONDING PARTY: PlaintiffBRlAN W. DAVIES

5 SET NO: One

6 TO PLAI TIFF AND THEIR ATTORNEY OF RECORD:


8 Civil Procedure and Rule 7034 of the Federal Rules of Bankruptcy Procedure, the

9 Defendant Deutsc e Bank National Trust Company, as trustee of the Residential

10 Asset Securitization Trust 2007 -A-5 Mortgage Passthrough Certificates, Series

11 2007- E, Under th Pooling and Servicing Agreement Dated March 1, 2007

12 ("Deutsche Bank") hereby requests that Plaintiff Brian Davies ("Davies" or

13 "Plaintiff') serve ritten responses to this First Set of Requests for the Production of

14 Documents within thirty (30) days after service hereof and, on that date, produce

15 for inspection and copying the documents requested herein, at 10:00 a.m., at Allen

16 Matkins Leek Gamble Mallory & Natsis LLP, 515 S. Figueroa Street, 9th Floor, Los

17 Angeles, Californi ,90071-3398.

18 DEFINITIONS

19 Words printed in BOLD CAPITAL letters are defined herein as follows:

20 l. The t rms "YOU", "YOUR" and "DAVIES" shall mean and

21 collectively refer to plaintiff Brian W. DAVIES, an individual, and his agents,

22 employees, affiliat s, representatives, attorneys, beneficiaries, and anyone acting on

23 Brian W. Davies' behalf.

24 2. The term "DEUTSCHE BANK" shall mean and refer to defendant

25 Deutsche Bank National Trust Company, as Trustee of the Residential Asset

26 Securitization Trust, 2007- A5, Mortgage Pass-Through Certificates, Series 2007- E,

27 Under the Pooling nd Servicing Agreement dated March 1, 2007 and its agents,

28

887423.011LA-2-

LAW OFFICES

Allen Matkins Leek GambleMallory & Nalsis LLP

-----------------------------------------------------------------------------

887423.0JILA-3-

1 employees, affiliates, subsidiaries, representatives, attorneys, predecessors,

2 successors, beneficiaries, and anyone acting on its behalf.

3 3. The term "COMPLAINT" means YOUR Adversary Complaint filed

4 on or about January 2,2011, which is adversary number 6:11-ap-Ol00l-SC,




8 bankruptcy proceeding, Case No.6: 10-bk-3 7900-SC, filed on August 31, 2010, and



11 5. The term "PROPERTY" shall mean and refer to that certain real

12 property located at and commonly known as 43-277 Sentiero Dr., Indio, CA 92203.

13 6. The term "LOAN" shall refer to the Balloon and Planned Unit

14 Development Note, dated November 16,2006, and which was signed by YOU, as

15 well as the Deed of Trust dated November 16,2006, also signed by YOU, and

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

17 Development Not ,and secures the Balloon and Planned Unit Development Note



20 and every non-identical copy of or attachment to any printed, typewritten, or


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

23 YOU in YOUR p ssession, custody or control, whether printed, recorded,



26 8. The terms "COMMUNICATION" or "COMMUNICATIONS" shall

27 mean and refer to any oral, written, or other form of conveying words or

28 information, whether by chance, pre-arranged, formal or informal, and includes anyLAW OFFICES


1 DOCUMENT memorializing the information or words conveyed. References to

2 COMMUNICATIONS with business entities should be understood to include

3 communications with any officers, directors, employees, agents, brokers, attorneys

4 or other representatives of such entities.

5 9. The term "PERSON" includes natural persons, corporations, trusts,

6 partnerships, joint ventures, governmental and quasi-public entities, and any other

7 form of organization or association.

8 10. The terms "RELATING TO" or "RELATE TO" shall mean and

9 include: referring to, alluding to, responding to, pertaining to, connected with,

10 commenting on, reviewing any aspects of, about, regarding, discussing, showing,

11 describing, menti ning, respecting, analyzing, evidencing, constituting, or

12 concernmg.

13 11. The singular shall include the plural and vice versa, the conjunctives

14 "and" and "or" shall be construed both conjunctively and disjunctively, any noun

15 gender and number or verb tense shall include all others wherever such dual

16 construction will serve to bring within the scope of this Request any documents

17 and/or information which would not otherwise be brought within its scope.

18 Please note that the conjunction "and" shall be interpreted herein inclusively

19 so as not to exclude any information otherwise sought within the scope of these

20 Requests for Prod ction.

21 DOCUMENT PRODUCTION GUIDELINES

22 A. In producing documents and things, YOU are requested to furnish all

23 DOCUMENTS or things in YOUR possession, custody or control, or known or

24 available to YOU, any subsidiary or affiliated entities, officers, directors, agents,

25 employees, representatives, investigators, or by YOUR attorneys or their agents,

26 employees, representatives or investigators. This request is continuing, and YOU

27 are obliged to supplement YOUR response by identifying and producing responsive

28LAW OFFICES


887423.011LA-4-

887423.01/LA-5-

1 documents that come to YOUR attention, or into YOUR possession, custody or

2 control, subsequent to YOUR response and production.

3 B. In producing documents, YOU are requested to produce the original of

4 each DOCUMENT requested together with all non-identical copies and drafts of

5 that DOCUMENT.

6 C. Any omment, notation, or marking appearing on any DOCUMENT,

7 and not a part oft e original, is to be considered a separate DOCUMENT, and any

8 draft, preliminary form or superseded version of any DOCUMENT is also to be

9 considered a separate DOCUMENT.

10 D. All OCUMENTS should be produced in the same order as they are

11 kept or maintained.

12 E. All OCUMENTS should be produced in the file, folder, envelope or

13 other container in which the DOCUMENTS are kept or maintained. If the

14 container cannot be produced, please produce copies of all labels or other

15 identifying marki gs.

16 F. DOCUMENTS attached to each other must not be separated.

17 G. If Y U assert any privilege concerning the identification or production

18 of any of the DOCUMENTS described below, if YOU object to the identification

19 or production of any such DOCUMENTS on any grounds, or if YOU for any

20 reason contend that any of the DOCUMENTS described below are not subject to

21 the discovery for any reason, then specify in detail in YOUR response the precise

22 grounds for objection, privilege, or other contention which YOU make in this

23 regard, and describe in detail the DOCUMENT or DOCUMENTS as to which

24 YOU assert this privilege, objection or contention. Such description shall include a

25 statement of the g neral nature of the DOCUMENT including the date and file

26 number of the DOCUMENT, the name of the person who executed it, the name of

27 each person who has received the original or any copies of it, the name of each

28 person with whom it was discussed, and a general description of the nature andLAW OFFICES


1 contents of the D CUMENTS. Finally, YOU should identify and produce for

2 inspection and co ying all DOCUMENTS which fit the description set forth below

3 as to which YOU do not assert any such privilege, objection or contention.

4 REQUESTS FOR PRODUCTION OF DOCUMENTS

5 REQUEST FOR PRODUCTION NO.1:

6 Any and all DOCUMENTS, including any COMMUNICATIONS, that

7 RELATE TO or allegedly support the allegations in the COMPLAINT.


9 Any and all DOCUMENTS, including any COMMUNICATIONS,

10 RELATING TO YOUR LOAN.



13 referenced in or RELATING TO YOUR responses to the Form Interrogatories

14 propounded cone rrently with this Request for Production.



17 RELATING TO YOUR responses to the Special Interrogatories propounded

18 concurrently with this Request for Production.


20 Any and all DOCUMENTS RELATING TO, reflecting, referring to, or

21 concerning any and all COMMUNICATIONS or correspondence between YOU

22 and DEUTSCHE BANK.


24 Any and all DOCUMENTS RELATING TO money payments made by

25 YOU in connectio with the LOAN.


27 Any and all DOCUMENTS consisting of or RELATING TO telephone

28 conversations between YOU and any lender, trustee, or beneficiary or any of theirLAW OFFICES

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887423.01fLA-6-

1 agents or representatives in connection with the LOAN or the DEED OF TRUST,

2 including without limitation notes, call logs, and/or telephone records.


4 Any and all DOCUMENTS RELATING TO YOUR finances, including tax

5 returns, for the time period of 2006 to the present.


7 Any and all DOCUMENTS consisting of or RELATING TO non-privileged

8 COMMUNICATIONS between YOU and any other PERSON RELATING TO

9 the foreclosure of the PROPERTY.

887423.011LA-7-

10 REQUEST FOR PRODUCTION NO. 10

11 All DOCUMENTS RELATING TO the BANKRUPTCY CASE.


13 All DOCUMENTS RELATING TO any COMMUNICATIONS between

14 YOU and the Cha ter 7 Trustee in the BANKRUPTCY CASE RELATING TO

15 the LOAN.

16 REQUESTFORPRODUCTIONNO.12


18 YOU and the Cha ter 7 Trustee RELATING TO the BANKRUPTCY CASE.



21 YOU and DEUT CHE BANK RELATING TO the LOAN.



24 YOU and DEUTSCHE BANK RELATING TO the BANKRUPTCY CASE.


26 All DOCUMENTS RELATING TO all statutory damages YOU allege in

27 the COMPLAINT YOU have suffered, through the date of these Requests.

28LAW OFFICES


1 REQUEST FOR PRODUCTION NO. 16:

2 All DOCUMENTS RELATING TO all damages YOU allege in the

3 COMPLAINT YOU have suffered, through the date of these Requests.

4 REQUEST FOR PRODUCTION NO. 17:

5 All DOCUMENTS on which YOU intend to rely in any dispositive motion

6 or proceeding RELATING TO the COMPLAINT.


10111213141516171819202122232425262728

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887423.01fLA

ALLEN MATKINS LECK GAMBLEMALLORY & NATSIS LLP

ANDREW E. MILLERLORAINE 1. PEDOWITZSARlN ALUJ

By:~~~~~~~-----------SA SAL.<'J.J'l'C,"Attorneys for ndantsDEUTSCHE BANK NATIONALTRUST COMPANY

-8-

LAW OFFICES


1

(Type or print name)

PROOF OF SERVICE

2 I am empl yed in the County of Los Angeles, State of California. I am overthe age of eighteen (18) and am not a party to this action. My business address is

3 515 South Figuer a Street, Ninth Floor, Los Angeles, California 90071-3309.

4 On March 25,2011, I served the within document(s) described as:

5 DEFENDANT DEUTSCHE BANK NATIONAL TRUST COMP ANYISFIRST SET OF REQUESTS FOR PRODUCTION OF DOCUMENTS

6 PROPOUNDED TO PLAINTIFF BRIAN W. DAVIES

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

8 Garry L. HarreGlobal Capital Law PC

9 17111 BeachBl., Ste. 100Huntington Beac ,CA 92647

10 Tel: 714.907.4182

11

Attorney for Plaintiff

~ BY OVERNIGHT DELIVERY: I deposited in a box or other facility12 regularly maintained by FedEx, or delivered to a courier or driver authorized

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

15 I declare under penalty of perjury 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 foregoing is true and correct.

17

18

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24

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Executed on March 25, 2011, at Los Angeles,(

Marcella Lyons

887423.011LA

dbntc discovery requests ap 6 10 ap 01001 (2)

Documents

plaintiff brian davies

davies defendants

natural person

person incl

responding party

propounding party

central district of

allen matkins leck gamble