Legal Document: BRIAN CHIEN-CHIH CHEN, TRUSTEE OF THE BRIAN CHIEN-CHIH CHEN LIVING TRUST VS DIANA SHANNON LYNCH

On April 23, 2019 a Declaration Pursuant to 585 CCP in Support of Default Judgment was filed involving a dispute between Chen Trustee Of The Brian Chien-Chih Chen Living Trust Brian Chien-Chih, and Chen Trustee Of The Brian Chien-Chih Chen Living Trust Brian Chien-Chih, Lynch Diana Shannon, for civil in the District Court of Los Angeles County.

Preview
Electronically FILED by Superior Court of California, County of Los Angeles on 08/14/2019 02:37 PM Sherri R. Carter, Executive Officer/Clerk of Court, by M. Mohammadi,Deputy Clerk

1 Marc A. Lieberman, Esq. (SBN 157318)
Alan W. Forsley, Esq. (SBN 180958)
2 FREDMAN LIEBERMAN PEARL LLP
1875 Century Park East, Suite 2230
3 Los Angeles, California 90067-2523
Telephone: (310) 284-7350
4 Facsimile: (310) 432-5999
5 Attorneys for plaintiff Brian Chien-Chih Chen
6

8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF LOS ANGELES
10 WEST DISTRICT - SANTA MONICA COURTHOUSE
11
BRIAN CHIEN-CHIH CHEN, trustee of ) Case No. 19SMCV00774
12
the Brian Chien-Chih Chen living trust )
) Honorable Mark A. Young
13
Plaintiff, )
)
14 v. ) DECLARATION OF BRIAN CHIEN
) CHEN IN SUPPORT OF REQUEST
15 DIANA SHANNON LYNCH, an individual, ) FOR ENTRY OF DEFAULT
AND DOES 1 through 20, inclusive, ) JUDGMENT CCP § 585(d)
16
)
Defendants. )
) [To be set for hearing):
17
)
18
)
)
19
)

20 ~
1----------)
21

22
23

26
27

1
Declaration ofBrian Chien Chen in Support ofJudgment
1. I, Brian Chien-Chih Chen, trustee of the Brian Chien-Chih Chen living trust
2
(the "Trust"), am the plaintiff in this matter. This is a collection case to recover
3
$650,000.00 plus interest, and attorney's fees and costs.
4
2. On April 23, 2019, I caused the verified Complaint ("Complaint") in this
5
case to be filed against defendant Diana Shannon Lynch ("Lynch"). The Complaint
6
concerns Lynch's failure to repay a $650,000.00 loan (the "Loan") the Trust made to her,
7
and alleges two causes of action for breach of contract and common count. Attachedas
8
Exhibit "I" is a copy of the Complaint.
9
3. As security for the Loan, the Trust was granted a second deed of trust lien on
10
Lynch's real property owned by Lynch located at 2306 Ocean Front Del Mar, CA 92014
11
(the "Property"). The first deed of trust holder was Private Mortgage Fund, LLC
12
("PMF"). Lynch defaulted on the PMF and Trust Loans, and both PMF and the Trust
13
commenced foreclosure. To stay the foreclosure sales, Lynch transferred title to the
14
Property to Wilma's Den, LLC, a Delaware limited liability company ("Wilma's Den"),
15
which filed bankruptcy in Arizona.
16
4. The Trust retained .attorneys to represent it as to the foreclosure and in
17
Wilma's Den bankruptcy case to protect its security interest, which legal fees were added
18
to Lynch's loan balance. Eventually, the Wilma's Den bankruptcy case was dismissed and
19
PMF foreclosed on the Property, wiping out the lien of the Trust's deed of trust, causing
20
the Trust to be a "sold out junior". As a result, the Trust filed this Case to obtain a
21
judgment on its now unsecured Note.
22
A. Arranging the Loan with a real estate broker.
23
5. In August of 2017, real estate broker Ronald Jerome Knoll of 17 Montecillo
24
Dr., Rolling Hills Estates, CA, California, Department of Real Estate license number
25
00313566, contacted me to arrange a loan between the Trust and Lynch. Knoll told me
26 Lynch needed money to bring her PMF mortgage current.
27

2
Declaration ofBrian Chien Chen in Support ofJudgment
6. In August 2017, I understood the Property to be worth about $7,000,000, that
2 PMF had a $5,250,000 first deed of trust ("First Trust Deed") recorded against the
3
Property, and that Lynch was about $109,026.00 in arrears to PMF.
4
7. It was also my understanding that on May 9, 2017, PMF recorded a notice of
5
default against the Property and on August 11, 2017 recorded a notice of sale. Attached as
6
Exhibit "2" is a copy of a transaction history report for the Property which I obtained from
7
First American Data Tree and which shows PMF's First Trust Deed and default recording
8
activity.
9
8. In August 2017, Lynch stated to me that she wanted to borrow $650,000 so
10
that she could bring the PMF loan current to prevent a PMF foreclosure. Lynch also stated
11
she would promptly list the .Property for sale to pay PMF and the Trust Loan.
12
B. The Trust Loan.
13
9. On August 31, 2017, Lynch signed a Note Secured by Deed of Trust in the
14
amount of$650,000 in favor of the Trust (the "Note") with payments to be made to the
15
Trust at 13010 Evanston Street, Los Angeles, CA. The Note states interest accrues
16
annually at 13.50% and that monthly interest payments of $7,312.50 are due until March 1,
17
2018 when the entire balance becomes due. Attached as Exhibit "A" to the Complaint is
18
a copy of the signed Note.
19
10. On September 1,2017, Lynch also executed a Short Form Deed of Trust and
20
Assignment of Rents for the Property ("Second Trust Deed") before a notary public to
21
secure the Note. I caused to be recorded the Second Trust Deed with the San Diego
22 County Recorder's Office. Attached as Exhibit "B" to the Complaint is a copy of the
23
recorded Second Trust Deed.
24
11. On September 4,2017, I caused $628,063 to be transferred to Lynch through
25
Peninsula Escrow, Inc. (which is the $650,000 Loan amount less the prepaid $7,312.50 of
26
monthly interest payments for October, November and December 2017 for a total of
27
$21,937.00 ($650,000 - $21,937.00 = $628,063.00). Attached as Exhibit "3" is a copy of
28
the settlement sheet and proof of the $628,063 transferred to Peninsula Escrow, Inc.

3
Declaration ofBrian Chien Chen in Support ofJudgment
12. Lynch used some of the $628,063 to bring the PMF loan current. As a result,
2
on September 11, 2017, PMF recorded a rescission of its notice of default and notice of
3
sale. See the Exhibit "2" Property transaction history report.
4
C. Lynch defaults on the PMF and Trust Loans.
5
13. On November 2,2017, only two months after Lynch brought the PMF loan
6
current, PMF recorded its second notice of default stating Lynch owed it $120,387.00. See
7
the Exhibit "2" Property transaction history report.
8
14. Similarly, Lynch failed to make her January 23,2018 monthly interest Note
9
payment to the Trust, so I caused the Trust to record its own notice of default on the Trust
10
Loan. See the Exhibit "2" Property transaction history report.
11
15. Thereafter, on February 12, 2018 PMF recorded its second Notice of Sale of
12
the Property, which set a March 12, 2018 foreclosure date. See the Exhibit "2" Property
13
transaction history report.
14
16. As a result of the default, I caused the Trust to retain real estate attorney
15
Greg Yaris to address the default issues, and foreclosure specialist attorney Richard
16
Witkin to proceed with a foreclosure. Mr. Yaris billed a total of $4,750 for his services.
17
Mr. Witkin billed a total of $3,000 for his services. Attached as Exhibits "4" and "5"
18
respectively are copies of the Witkin and Yaris bills. I also caused the Trust to pay $3,195
19
to Western Fidelity, the trustee under the Deed of Trust, to commence foreclosure.
20 Attached as Exhibit "6" is a copy of the Western Fidelity bill.
21
D. Lynch transfers the Property to stop PMF's foreclosure sale.
22
17. On March 8, 2018, Lynch grant deeded the Property to Wilma's Den for no
23
consideration. Attached as Exhibit "7" is a copy of the Grant Deed that was recorded
24
with the San Diego County Recorder's Office and which states no money was paid for the
25
transfer tax (i.e., indicating the property was transferred for no consideration).
26
18. On March 8,2018, Wilma's Den filed a Chapter 11 bankruptcy petition in
27
the United States Bankruptcy Court, District of Arizona. Attached as Exhibit "8" is a
28
copy of the first page of Wilma's Den's bankruptcy petition (the "Bankruptcy Case"). As

4
Declaration ofBrian Chien Chen in Support ofJudgment
a result of the filing, the bankruptcy automatic stay prevented the PMF and Trust
2
foreclosures from proceeding.
3
E. The Trust incurs attorney's fees in the Wilma's Den bankruptcy case.
4
19. I caused the Trust to retain California bankruptcy counsel, Fredman .
5
Lieberman Pearl, LLP ("FLP") and Arizona bankruptcy counsel, Burch & Cracchiolo
6
("Burch") in the Bankruptcy Case to protect the Trust's security interest in the Property.
7
Among other things, FLP and Burch prepared and/or filed a motion to appoint a Chapter
8
11 Trustee and objections to Wilma's Den's numerous disclosure statements and proposed
9
plans of reorganization, appeared at status conferences and a mediation.
10
20. On March 11,2019, a year after Wilma's Den filed its Bankruptcy Case, the
11
bankruptcy court dismissed its case. Attached as Exhibit "9" is a copy of the Stipulated
12
Order Dismissing Case.
13
21. Burch charged the Trust $15,298.85 to represent it in the Bankruptcy Case.
14
Attached as Exhibit "10" are copies of the Burch invoices.
15
22. FLP charged the Trust $43,398.40 to represent it in the
16
Bankruptcy Case. Attached as Exhibit "II" are copies of the FLP invoices.
17
F. The Trust becomes a sold out junior because PMF forecloses.
18
23. On March 15,2019, PMF recorded a Notice of Trustee's Sale through,
19
California TD Specialists, wherein PMF stated that it was owed $6,621,319.33 and that the
20 Property would be sold at a public sale. Attached as Exhibit 12" is a copy of the Notice of
21
Trustee's Sale.
22
24. On April 24, 2019, the Property was sold at a public auction and California
23
TD Specialists issued a Trustee's Deed Upon Sale. The Trustee's Deed Upon Sale that
24
was recorded with the San Diego County Recorder's Office states PMF's unpaid debt was
25
$6,713,874.73 and that the grantee paid $6,713,874.74 to purchase the property.
26 Attached as Exhibit "13" is a copy of the Trustee's Deed Upon Sale.
27

5
Declaration ofBrian Chien Chen in Support ofJudgment
1 late charges (iv) court costs, and (v) attorney's fees incurred to (a) commence the
2 foreclosure process, (b) defend against the Wilma's Den bankruptcy case, and (c) to
3 prosecute this case.
4 27. The principal due under the Note is $650,000 (Six Hundred Fifty Thousand
5 Dollars and 00/100) as Lynch made no payments on the principal.
6 28. Interest under the Note accrues at 13.50% annually. No interest payments
7 have been made from January 1,2018 to August today's date. One year and 220 days to
8 August 8, 2019 have passed with no interest payments being made. Thus, accrued interest
9 totals $140,640.20 to August 8, 2019 which is one year ($650,000 x .135 = $87,750) and
10 220 days of interest (221 x $240.41 ($87,750/365= $240.41) = $52, 890.20 ($87,750 +
$52,890.20 = $140,640.20».
11
29. The Note states that "[a] late charge of$500.00 will be due on each
12
installment not received within 10 days of the due date." The late charges total $10,000.00
13
as Lynch defaulted on the Note on January 1, 2018 and has failed to make any monthly
14
payment since that date (Le. 20 months). A total of20 months of late charges (Jan. 1,2018
15
to Aug. 1, 2018) at $500 per late charge equals $10,000 ($500 x 20 = $10,000).
16
30. The Court costs include the $435.00 filing fee of the Complaint and the
17 $185.15 service of process fee charged by our attorney service On-Call Legal for a total of
18 $620.15. Attached as Exhibit "14" is a copy of the On-Call proof of service which states
19 that its service of process fee is $185.15
20 31. In addition to the Trust's actual damages, I caused the Trust to retain FLP to
21 prosecute the Trust's rights under the Note. The Note states that "[i]faction be instituted
22 on this note, I/we promise to pay such sum as the Court may fix as attorney's fees." Up to
23 July 31,2019, FLP billed fees and costs of$6,992.50 to prepare the Complaint and
24 communicate with Defendant to coordinate service of process and to discuss settlement
25 options. Attached as Exhibit "15" is a copy ofFLP's bill.
26 32. I also expect the Trust to incur additional fees for the month of August 2019
27 to prepare and revise this declaration and to attend any hearing on this default judgment
28 and a separate attorney declaration will be filed to support those fees and costs.

6
Declaration ofBrian Chien Chen in Support ofJudgment
July 31,2019, FLP billed fees and costs of$6,992.50 to prepare the Complaint and
2 communicate with Defendant to coordinate service of process and to discuss settlement
3 options. Attached as Exhibit "15" is a copy ofFLP's bill.
4 32. I also expect the Trust to incur additional fees for the month of August 2019

5 to prepare and revise this declaration and to attend any hearing on this default judgment

6 and a separate attorney declaration will be filed to support those fees and costs.

7 33. Through July 31, 2019 the incurred attorney's fees and costs, excluding the

8
fees and costs in this case total $66,422.25 which included fees for: (i) the foreclosure
process Richard Witkin ($3,000) and Greg Yaris, ($4,725), (ii) the Wilma's Den
9
bankruptcy case, Burch ($15,298.85) and FLP ($43,398.40).
10
34. The total amount owed under the Note as of July 31, 2019 is $874,923.00
11
which is comprised of (i) Note principal ($650,000), (ii) late charges ($10,000), (iii)
12
accrued interest ($142,323.07), (iv) Witkin & Yaris ($7,725), (v) Western Fidelity
13
($3,195), (vi) Burch ($15,298.85), (vii) FLP bankruptcy fees ($38,768.40), (viii) FLP civil
14
litigation fees $6,992.50), and (ix) civil litigation costs ($620.15). Attached as Exhibit
15
"16" is an Excel spread sheet of the principal, accrued interest and total fees and costs
16
through July 31,2019.
17
Executed on August 8th ,2019, at Los Angeles, California
18
I declare under penalty of perjury under the laws of the State of California that the
19
foregoing is true and correct.
20
BRIAN CHIEN-CHIH CHEN
21

22
23

7
Declaration ofBrian Chien Chen in Support ofJudgment
EXHIBIT 1

0008
Y Superior Court of California. County of Los Angeles on 04/~~~AM Sherri R. Carter. Executive Officer/Clerk of Court. by M. Mariscal,Deputy CI rk
Electronically FILED
Assigned for all purposes to: Santa Monica Courthouse. Judicial Officer: Mark Young

1 Marc A. Lieberman, Esq. (SBN 157318)
2 Alan W. Forsley, Esq. (SBN 180958)
FREDMAN LIEBERMAN PEARL, LLP
3 1875 Century Park East, Suite 2230
4 Los Angeles, California 90067
Telephone: (310) 284-7350
5 Facsimile: (310) 432-5999

6 Attorneys for Plaintiff
7 Brian Chien-Chih Chen, Trustee ofthe
Brian Chien-Chih Chen Living Trust
8

9
SUPERIOR COURT OF THE STATE OF CALIFORNIA
10 COUNTY OF LOS ANGELES
11 WEST DISTRICT
12
BRIAN CHIEN-CHIH CHEN, ) CASEN"O.
13 TRUSTEE OF THE BRIAN CHIEN- )
CHIH CHEN LIVING TRUST, )
14
)
15 Plaintiff, ) VERIFIED COMPLAINT FOR:
)
16 vs. ) 1) BREACH OF CONTRACT; AND
17 ) 2) ACCOUNT STATED
DIANA SHANNON LYNCH, an )
18 individual, and DOES 1 through 20, )
19 inclusive, )
) [AMOUNT DEMANDED EXCEEDS
20 Defendant. ) 25,000]
)
21
)
22 )
)
23

24
--------------- )

25 Through this verified complaint plaintiff Brian Chien-Chih Chen, Trustee of the
26 Brian Chien-Chih Chen Living Trust ("Plaintiff'), seeks to recover on a note for monies
27 he lent to defendant Diana Shannon Lynch ("Defendant") so that she could become
28 current on her mortgage payments, and Plaintiff alleges as follows:
1
Verified Complaint for Damages

EXHIBIT 1
0009
1 PARTIES
2 1. Plaintiff is and at all times herein mentioned herein was a trustee of the
3 Brian Chien-Chih Chen Living Trust doing business in Los Angeles County, California.
4 2. Plaintiff is informed and believes that Defendant is a resident of Phoenix,
5 Arizona.
6 3. The true names and capacities, whether individual, corporate, associate, or
7 otherwise, of defendants DOES 1 through 20, inclusive, are unknown to Plaintiff, who
8 therefore sues these defendants by their fictitious names. Plaintiff is informed and
9 believes that each of the defendants designated herein as a fictitiously named defendant is
10 in some manner responsible for the events and happenings herein referred to, either
11 contractually or tortiously, and caused the damage to Plaintiff as herein alleged. When
12 Plaintiff ascertains the true names and capacities of DOES 1 through 20, inclusive, he
13 will ask leave of this Court to amend his Complaint by setting forth the same.
14 4. Plaintiff is informed and believes that at all times herein mentioned each of
15 the defendants was the agent and employee of each of the remaining defendants, and in
16 doing the things hereinafter alleged, was acting within the course and scope of such

17 agency.
18 VENUE
19 5. This Court has jurisdiction and venue is proper because Defendant (i)
20 entered into the subject Note Secured by Deed of Trust (the "Note") in Torrance,
21 California, (ii) all funds under the Note were advanced in California, and (iii) all
22 payments under the Note were payable to Plaintiff in Los Angeles, California.
23
24 III
25 III
26 III
27
28
2
Verified Complaint for Damages
0010
FIRST CAUSE OF ACTION
1
BREACH OF CONTRACT
2 (Against All Defendants)
3 6. Plaintiff repeats and realleges the allegations contained in paragraphs 1
4 through 5, inclusive, of this Complaint, and by this reference incorporates them herein as
5 though set forth in full.
6 For 13 years Defendant owned a vacation home on the beach at 2306 Ocean
7.
7 Blvd., Del Mar, CA (the "Property"). In 2015, Defendant refmanced the Property when
8 she obtained a $5,250,000 loan from Private Mortgage Fund, LLC ("PMF"). As part of

9 the loan, PMF encumbered the Property by a first deed of trust recorded in the amount of
10 $5,250,000 (the "First Trust Deed").
11
8. In 2017, however, Defendant fell behind on the PMF loan so PMF filed a
12 notice of default and then recorded a notice of sale of the Property.
13 9. On August 31, 20 17, Defendant then entered into the Note with Plaintiff so
14 that she could borrow $650,000 from Plaintiff to bring the PMF loan current.
15 10. Defendant received $650,000.00 from Plaintiff in exchange for agreeing to,
16 among other things, pay Plaintiff: (i) 13.5% annual interest on the $650,000, (ii)
17 $21,937.50 through escrow (for the first three months of interest), (iii) interest payments
18 of$7,312.50 on January 1 and February 1, 2018, and (iv) to pay the entire Note balance,
19 together with any unpaid interest and costs, on March 1, 2018. Defendant also promised
20 Plaintiff that she would sell the Property by January 1, 2018 to pay the Note in full. A
21 copy of the Note is attached as Exhibit "A" and incorporated herein by reference.
22 11. The Note was arranged by real estate broker Ronald Jerome Knoll,
23 California license No. 00313566, who was compensated for his services.
24 12. The Note was secured by a Short Form Deed of Trust and Assignment of
25 Rents ("Second Trust Deed") that was recorded against the Property. A copy of the
26 Second Deed of Trust is attached hereto as Exhibit "B."
27 13. By January 2018, Defendant had not sold the Property and had not made
28
3
Verified Complaint for Damages
0011
any payments to Plaintiff, so Plaintiff recorded a notice of default against the Property.
1
14. In February 2018, PMF recorded another notice of sale of the Property with
2 a March 12, 2018 sale date.
3
15. Defendant knew that she was unable to borrow money to stop the PMF
4 auction, so she crafted a scheme to fraudulently transfer the Property to hinder and delay
5 PMF's foreclosure.
6 16. On March 6, 2018, Defendant incorporated Wilma's Den, LLC ("Wilma's
7 Den") in Delaware. On March 8, 2018, Defendant then transferred the Property to
8 Wilma's Den for no consideration. The same day, after the Property transfer, Defendant
9 caused Wilma's Den to file a Chapter 11 bankruptcy petition in Arizona as case No. 18-
10 bk-02233-BKM (the "Bankruptcy Case"). The bankruptcy filing caused PMF's
11 foreclosure to be stayed.
12 17. From April 2018 to September 2018, Wilma's Den listed the Property for
13 sale in the Bankruptcy Case for an astonishing $14 million dollars. Wilma's Den
14 received no offers.
15 18. In September 2018, Wilma's Den then listed the Property for $11,995,000
16 but again no offers.
17 19. In October 2018, Wilma's Den listed the Property for $9,995,00 and then
18 $9,499,000 on November 26, 2018, but still no offers.
19 20. Finally, on March 8, 2019, Wilma's Den lowered the price to $8,750,000,
20 but the Property still did not sell.
21 21. On March 11, 2019, the Bankruptcy Case was dismissed because Wilma's
22 Den was unable to sell the Property and unable to confirm a Chapter 11 plan of
23 reorganization.
24 22. On April 15, 2019, PMF foreclosed on the Property and did a credit bid of
25 about $6,700,000. One party appeared at the auction and overbid the credit bid by one
26 penny. Plaintiffs lien was then rendered valueless as a result ofPMF's foreclosure as
27 Plaintiffbecame a "sold out junior."
28
4
Verified Complaintfor Damages
0012
23. With its security lost, Plaintiff now seeks to recover on the Note. The anti-
1 deficiency language in California Code of Civil Procedure § "580d does not 'extend to a
2
junior lienor whose security has been sold out in a senior sale. '" Black Sky Capital, LLC
3 v. Cobb, 12 Cal.App.5th 887, 891 (2017).
4 24. Defendant breached the Note by (1) failing to make the monthly interest
5 payment of$7,312.50 due on January 1 and February 1, 2018, (2) failing to pay all
6 principal and interest due on March 1, 2018, (3) transferring the Property to Wilma's Den
7 without Plaintiff's consent, and (4) failing to pay PMF the arrears on its loan to stop the
8 Property foreclosure which rendered Plaintiffs lien valueless.
9 25. Plaintiff has performed all conditions, covenants, and promises required on
10 its part to be performed in accordance with the terms of the Note.
11 26. The Note provides that a "late charge of $500.00 will be due on each
12 installment not received within 10 days of the due date."
13 27. The Note further provides that Plaintiff can recover his attorneys fees and
14 costs incurred to enforce the terms of the Note including, but not limited to, filing a
15 lawsuit against Defendant or other defendants.
16 28. As a result of Defendant's breaches, Plaintiffhas and hereby does demand
17 (i) the entire unpaid amount of the Note due and payable in the amount of $650,000, (ii)
18 late charges of$8,000, (iii) the unpaid 13.5% contract interest rate from January 1, 2018
19 to the filing date of this complaint of$149,055.55, (iv) Western Fidelity foreclosure fees
20 and costs of$3,195.00, (v) the attorney's fees and costs that Plaintiff incurred to start the
21 foreclosure process and defend itself in the Bankruptcy Case for a total of $51,253.35
22 (attorneys Richard Witkin $3,000, Greg Yaris $2,362.50, Fredman Lieberman Pearl
23 $34,038.00 & AZ attorney Alan Meda $13,982.85) for a grand total of$861,503.95 and
24 (v) the attorney's fees and cost to prosecute this action.
25 III
26 III
27 III
28
5
Verified Complaintfor Damages
0013
SECOND CAUSE OF ACTION
1 COMMON COUNT
2
(Against all Defendants)
3 29. Plaintiff repeats and realleges the allegations contained in paragraphs I
4 through 28, inclusive of this Complaint, and by this reference incorporates them herein as
5 though set forth in full.
6 30. Debtor became indebted to Plaintiff in the sum of $650,000, for a balance
7 due on a book account in writing for money lent by Plaintiff to Defendant at her request.
8 No part of the $650,000 has been paid, although demand for payment has been made.
9 There is now due owing and unpaid the sum of $650,000, late charges, all interest
10 providedby law and attorney's fees and costs.
11 WHEREFORE, Plaintiff prays for judgment against Defendants, and each of
12 them, as follows:
13
14 FIRST CAUSE OF ACTION:
15 1. For damages of $704,449.35, including $650,000 of principal, $54,448.35 of
16 foreclosure fees and attorney's fees and costs incurred to commence the
17 foreclosure and for representation in the Bankruptcy Case;
18 For interest at 13.5% annual rate on the $650,000 principal from January 1,
2.
19 2018 up to the date of the filing of this complaint of$149,055.55;
20 3. For late charges of$8,000;
21 4. For pre-judgment interest of 13.5 % on the $650,000 of principal from the
22 date of the filing of this complaint until entry ofjudgment;
23
5. For costs of suit incurred herein;
24 6. For attorneys fees incurred to prosecute this complaint;
25 For interest at the legal rate from the date of the entry ofjudgment until paid
7
26 in full; and
27 8. For such other and further relief as the Court may deem just and proper.
28
6
Verified Complaint for Damages
0014
SECOND CAUSE OF ACTION:
1 1. For damages of$704,449.35, including $650,000 of principal, $54,448.35
2
of foreclosure fees and attorney's fees and costs incurred to commencethe
3 foreclosure and for representation in the Bankruptcy Case;
4
2. For interest at 13.5% annual rate on the $650,000 principal from January 1,
5 2018 up to the date ofthe filing of this complaint of$149,055.55;
6
3. For late charges of$8,000;
7
4. For pre-judgment interest of 13.5 % on the $650,000 of principal from the
8 date of the filing of this complaintuntil entry ofjudgment;
9 5. For costs of suit incurred herein;
10 6. For attorneys fees incurred to prosecute this complaint;
11 7 For interest at the legal rate from the date of the entry ofjudgment until
12 paid in full; and
13 For such other and further relief as the Court may deem just and proper.
8.
14

15
DATED: April~?J, 2019 FREDMAN LIEBERMAN PEARL LLP
16

17
'7
18

19
BY:~taJ·
MARC A. LIEBERMAN
20 ALAN W. FORSLEY
Attorneys for plaintiff Brian Chien-Chih
21 Chen, Trustee of the Brian Chien-Chih
Chen Living Trust .
22

25
26
27

0015
VERIFICATION
1
2 I am a party to this action, and I have read the foregoing complaint and know its
3 contents. The matters stated in the complaint are true based on my own knowledge,
4 except as to those matters stated on information and belief, and as to those matters I
5 believe them to be true.
6 I declare under penalty of perjury under the laws of the State of California that the
7 foregoing is true and correct.
8

Case Info

Judge

Mark A. Young Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

August 14, 2019

Case Filing Date

April 23, 2019

County

Parties

For full print and download access, please subscribe at https://www.trellis.law/.

Document for BRIAN CHIEN-CHIH CHEN, TRUSTEE OF THE BRIAN CHIEN-CHIH CHEN LIVING TRUST VS DIANA SHANNON LYNCH

Preview

Related Topics

Case Info

Parties