Reyes v. Premier Home Funding, Inc. et al

Filing 110

STIPULATION AND ORDER Granting Leave to File Third Party Complaint re 108 Proposed Order. The Defendant and Third Party Plaintiff Wachovia Mortgage shall file their Third-Party Complaint as a separate docket entry by June 25, 2010. Signed by Judge James Ware on 6/21/2010. (ecg, COURT STAFF) (Filed on 6/21/2010)

Download PDF
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 ANNETTE D. KIRKHAM (STATE BAR NO. 217958) annettek@lawfoundation.org KIM PEDERSON (STATE BAR NO. 234785) kimp@lawfoundation.org FAIR HOUSING LAW PROJECT LAW FOUNDATION OF SILICON VALLEY 151 North Third Street, Third Floor San Jose, CA 95112 Telephone: (408) 280-2410 Facsimile: (408) 293-0106 Attorneys for Plaintiff BERNARDO REYES Fred Hickman (State Bar No. 124406) fhickman@afrct.com ANGLIN, FLEWELLING, RASMUSSEN CAMPBELL & TRYTTEN LLP 199 S. Los Robles Ave., Suite 600 Pasadena, California 91101-2459 Tel: (626) 535-1900 Fax: (626) 577-7764 Attorneys for Defendant and Third-Party Plaintiff WORLD SAVINGS BANK, FSB now WACHOVIA MORTGAGE, a division of WELLS FARGO BANK, N.A. (formerly a.k.a. WACHOVIA MORTGAGE, FSB) UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION BERNARDO REYES, Plaintiff, v. PREMIER HOME FUNDING, INC. et al., Defendants. AND RELATED THIRD-PARTY COMPLAINTS 1 PROPOSED ORDER ON STIP TO FILE 3 IN IMPLEADER - 207097 RD Case No. C08-04606 JW [PROPOSED] ORDER ON STIPULATION FOR WACHOVIA MORTGAGE TO FILE THIRDPARTY COMPLAINT IN IMPLEADER PARTY COMPLAINT Case No. C08-04606 JW 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 ALL PARTIES hereby stipulate to the proposed order permitting Defendant and ThirdParty Plaintiff Wachovia Mortgage, a division of Wells Fargo Bank, N.A., ("Wachovia") to file and serve the proposed Third-Party Complaint, and on the following terms. 1. The new parties and claims added in the Wachovia Third-Party Complaint shall not be a factor in the trial setting of Plaintiff's case or the liability phase of Wachovia's pending thirdparty complaint against The Escrow Forum. 2. New information came to light as a result of several recent depositions which indicate that additional impleader is appropriate. These depositions were those of (1) Mr. Satish Dass, principal of Premier Home Funding, which occurred on April 27; (2) the deposition of Plaintiff Bernardo Reyes, which occurred on May 27; and, (3) the deposition of Plaintiff's spouse, which commenced on June 3. 3. The persons that Wachovia seeks to add by way of its Third-Party Complaint for indemnity and related remedies are all intimately involved with the loan origination put at issue by Plaintiff. The new Third-Party Complaint by Wachovia would add the loan broker's principal and supervising real estate broker, Satish Dass, and the entity which brokered this loan, Premier Home Funding, Inc. and its related company Premier Group Lending, the sales manager of Premier, Mr. Chirag Patel, a person believed to have been involved as a sales agent of Premier, Mr. David Gradstein, as well as the persons who were involved in a direct capacity with purportedly delivering or not delivering loan documents and obtaining signatures on loan documents from Plaintiff and his spouse, Olga Salazar, namely: Rafael Montejano, Joel Candelario and Guadalupe Montoya Candelario. Already, The Escrow Forum has named and served the Candelarios and Mr. Montejano in its third-party claim in this action. The new parties brought in would be Satish Dass, Chirag Patel, and David Gradstein, persons directly involved in the brokered loan on behalf of Premier, it is alleged. 4. A true and correct copy of Wachovia's proposed Third-Party Complaint is attached hereto as Exhibit "A." [signatures of counsel on next page] 2 PROPOSED ORDER ON STIP TO FILE 3 IN IMPLEADER - 207097 RD PARTY COMPLAINT 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 IT IS SO STIPULATED. Dated: June 10, 2010 FAIR HOUSING LAW PROJECT /s/ Annette D. Kirkham Annette D. Kirkham Attorneys for Plaintiff BERNARDO REYES Dated: June 10, 2010 ANGLIN, FLEWELLING, RASMUSSEN CAMPBELL & TRYTTEN LLP By: /s/ Fred Hickman Fred Hickman fhickman@afrct.com Attorneys for Defendant Attorneys for Defendant and Third-Party Plaintiff WORLD SAVINGS BANK, FSB now WACHOVIA MORTGAGE, a division of WELLS FARGO BANK, N.A. (formerly a.k.a. WACHOVIA MORTGAGE, FSB) Dated: June 11, 2010 L. Scott Karlin, Esq. __ /s/ L. Scott Karlin L. Scott Karlin Email: Attorneys for Cross-Defendant, The Escrow Forum By: ATTESTATION PURSUANT TO GENERAL ORDER 45 I, Frederick J. Hickman, attest that concurrence in the filing of this document has been obtained from each of the signatories. I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed this day, June 10, 2010. /s/ Fred Hickman 3 PROPOSED ORDER ON STIP TO FILE 3 IN IMPLEADER - 207097 RD PARTY COMPLAINT 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 IT IS ORDERED: [PROPOSED] ORDER For good cause appearing and based on the stipulation of counsel, Defendant and ThirdParty Plaintiff Wachovia Mortgage, a division of Wells Fargo Bank, N.A. (formerly named World Savings Bank, FSB and Wachovia Mortgage, FSB) may file the Third-Party Complaint, dated June 10, 2010, and the clerk of the court shall issues summonses as appropriate. The Defendant and Third Party Plaintiff Wachovia Mortgage shall file their Third-Party Complaint as a separate docket entry by June 25, 2010. Dated: June 21, 2010 Dated: The Honorable James Ware United States District Judge 4 PROPOSED ORDER ON STIP TO FILE 3 IN IMPLEADER - 207097 RD PARTY COMPLAINT

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?