Preview
E-FILED
G, Andrew Slater #238126 3/30/2017 9:30:32 AM
DOWLING AARON INCORPORATED FRESNO COUNTY SUPERIOR COURT
8080 North Palm Avenue, Third Floor
P.O. Box 28902 By: C. Cogburn, Deputy
Fresno, California 93729-8902
Tel: (559) 432-4500
Fax: (559) 432-4590
aslater@dowlingaaron.com
Attorneys for Defendant
CITY NATIONAL BANK
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF FRESNO
10
ll SURJIT BAGGA, Case No. 16CECG03336
12 Plaintiff, DECLARATION OF G. ANDREW
SLATER IN SUPPORT OF MOTION TO
13 Vv. STRIKE NOTICE OF ERRATA RE; FIRST
AMENDED COMPLAINT
14 CITY NATIONAL BANK, and DOES 1-100,
inclusive, Date: May 4, 2017
15 Time: 3:30 p.m.
Defendants. Dept: 402
16 Judge: Hon. Jeffrey Hamilton
17
18 I, G. Andrew Slater, declare:
19 1 I am an attorney admitted to practice law before all of the courts of the
20 State of California and a member of Dowling Aaron Incorporated, attorneys for Defendant,
21 City National Bank (CNB). I have personal knowledge of all facts stated in this Declaration,
22 and can testify competently thereto, except as to matters stated on information and belief, and
23 as to such matters, I believe them to be true.
24 2 This Declaration is being submitted in support of CNB’s Motion to
25 Strike the Notice of Errata Re: First Amended Complaint filed by plaintiff, Surgit Bagga.
26 3 On October 24, 2016, plaintiff filed her original complaint in this action.
27 On December 22, 2016, CNB demurred to the original complaint. On February 6, 2017, the
28 Court sustained CNB’s demurrer, in its entirety, with leave to amend. On February 24, 2017,
Dowul
DECLARATION OF G. ANDREW SLATER IN SUPPORT OF MOTION TO STRIKE NOTICE OF
RRATA RE: FIRST AMENDED COMPLAINT
plaintiff filed a First Amended Complaint (FAC). (A true and correct copy is attached to the
Request for Judicial Notice as Exhibit "A.")
4 On March 8, 2017, I sent a meet and confer letter to counsel for plaintiff
(Margarita Salazar, Esq.) regarding deficiencies in the FAC, which CNB believed rendered the
FAC subject to demurrer without leave to amend. (A true and correct copy is attached hereto
as Exhibit "A.") In response my meet and confer letter, on March 10, 2017, Ms. Salazar sent an
email to me wherein she stated the FAC was filed in error and that she would be filing the
correct FAC the next day. (A true and correct copy is attached hereto as Exhibit "B.") Plaintiff
did not file a new FAC the next day. I followed up via email with plaintiff's counsel several
10 times inquiring about the filing, but received no immediate response. (True and correct copies
11 are attached hereto as Exhibit "C.")
12 5 Finally, on March 21, 2017, plaintiff's counsel sent an email to me
13 stating staffing issues that prevented immediate filing and promising the new filing by the next
14 day. (A true and correct copy is attached hereto as Exhibit "D.") On March 22, 2017, eight
15 days prior to CNB’s deadline to respond to the FAC, plaintiff filed a “Notice of Errata re: First
16 Amended Complaint.” (A true and correct copy is attached to the Request for Judicial Notice
17 as Exhibit "B".)
18 6 I notified plaintiff's counsel that I did not consider the Notice of Errata
19 to be a true errata but rather a further amended pleading requiring leave of court. I also notified
20 plaintiffs counsel that I would be filing a demurrer to the FAC and a Motion to Strike the
21 Notice of Errata.
22 Executed this Z / day of March, 2017, at Fresno, California. I declare under
23 penalty of perjury under the laws of the State of California that the foregoing is true and
24 correct.
25
26
By fe
Slater
27
014939-000004\02160162.DOCX.
28
Do
DECLARATION OF G. ANDREW SLATER IN SUPPORT OF MOTION TO STRIKE NOTICE OF
RRATA RE; FIRST AMENDED COMPLAIN’
Exhibit A
DOWLING | AARON
! NCORPORATED
ATTORNEYS AND COUNSELORS AT LAW
8080 North Palm
Third Floor March 8, 2017
Fresno, CA 9371)
P: 559.432.4500
F: 959.432.4590
wwwidowlingaaron.com, File No. 14939-004
MICHAEL D, DOWLING
RICHARD M. AARON VIA E-MAIL AND U.S. MAIL
CHRISTOPHER A. BROWN
LARRY 8, LINDENAU margarita@msalazarlaw.com
RONALD A. HENDERSON
DONALD R. FISCHBACH
RUSSELL F. HURLEY
PHILIP B, LAIRD Margarita Salazar, Esq.
JAMES D. BURNSIDE I Law Offices of Margarita Salazar, APLC
STEVEN D. MCGEE
KEVIN C. GRANT 333 H Street, Suite 5000
TIMOTHY J. LARSON*
LEIGH W. BURNSIDE Chula Vista, California 93910
JOHN C, GANAHL
JEFFREY P. DAVIS
MARK D. KRUTHERS
DAVID D. SCHNEIDER Re: Surjit Bagga v. City National Bank
DANIEL O. JAMISON Fresno County Superior Court Case No. 16CECG03336
STEPHANIE H. BORCHERS
WM. LANIER THOMAS. Meet and Confer —- Demurrer
NATHAN W. POWELL
MICAH K. NILSSON
MATTHEW R, DILDINE
MARCUS N. DIBUDUO Dear Ms. Salazar:
WILLIAM H, LITTLEWOOD
MELISSA , WEBB
JOSHUA S. ALIPAZ As you know, this law firm is legal counsel to City National Bank
JENNIFER E. LARSON
STEVEN M. MATLAK (CNB), which is a named defendant in the above entitled action. The purpose
G. ANDREW SLATER
MARK J. GLEASON
JARED C. MARSHALL
of this letter is to solicit cooperation in scheduling a “meet and confer” under
GREGORY N. MISKUUIN the mandate of the demurrer statute, CCP section 430.41, which by my
ROBERT T, AINLEY
JUSTIN L. THOMAS calculation needs to occur by Friday, March 24, 2017. To facilitate our
SYDNEY A. SMITH
TREVOR P. GOOSSEN. dialogue, the following is a summary of the shortcomings in the recently-filed
ANNE N. VAZ first amended complaint (FAC) that will form the subject matter of the
NICKOLAS J. DIBIASO demurrer if not otherwise informally resolved. In the interest of brevity, I did
STEVEN M. VARTABEDIAN not include the referenced documents/exhibits as they are attached to prior
KENNETH M. BYRUM
DONALD H. GLASRUD pleadings.
JAMES C. SHERWOOD
(OF COUNSEL
*Albo admilled in Texas From my reading of the FAC, the only new/changed allegations in the
BLAINE PETIITT
(1916 ~ 2002)
FAC concern the propriety of the endorsement of Ms. Bagga’s note/loan to
MORRIS M. SHERR
CNB. The FAC alleges: (1) the note was not endorsed prior to its transfer or
(1930 - 2006), assignment; and (2) the note was endorsed twice, which somehow renders it
defective.
5080 California Avenue
Suite 340
Bakerstield, CA 93309 Below are the changed/added allegations:
P: 661.716.3000
F: 661.716.3005
23. Based on information and belief, on or about
403 North Floral Street 12/18/2009, FDIC entered _into_a Purchase and
Visalia, CA 93291
P: 559.739.7200 Assumption Agreement with City National Bank
F: $59,739.7233,
whereby FDIC purpertedly transferred to CNB
3721 Douglas Boulevard ertain assets of Imperial_ Capital Bank,
Suite 280
Roseville, CA 95661 including Plaintiff's Note and Deed of Trust.
P: 916.791.4500
F: 916.791.4550
Margarita Salazar, Esq.
March 8, 2017
Page 2
24. Based on information and belief, at the time that FDCI
ntered_ into the Purchase and Assumption Agreement with
City National Bank the Note had not been endorsed. Becaus
the Note had not been endorsed at the time of this agreement,
the Note was not in fact transferred.
25. Based on information and belief, on or about 12/03/2010,
the Note was purportedly endorsed by City National Bank.
However, because the Note appears to include two separate
mdorsements from two separate Attorneys-In-Fact: (i) Rajan
Ramachandran; and (ii) Laura French, the only year that both
individuals were identified on the Limited Power of Attorney
was for the Power of Attorney recorded on 12/03/2010. A tru
and_correct_copy of the dual-endorsed_ Promissory Note
attached hereto as Exhibit M.
26. Based on information and belief, the Power of Attorney
filed _on or about 12/22/2009 did not identi Laura French as
ne of the listed attorneys in fact for the FDIC.
27, Plaintiff_alleges_that_the Note was fraudulently or
otherwise improperly endorsed given that there were two
endorsements _on_one_note_that_is_irregular_on_its face.
Moreover, such_an_ endorsement renders the Note void or
voidable on its face.
28. There was no endorsement of the Note prior to 12/03/2010.
33, Heweve = there no-enders
Q nde Nn @ h
the D
fromthe
FDIC-to-City
National Bank. ne er. here Hecause
However,
the Note was inyalid, yoid or yoidable as having been altered
r improperly endorsed and otherwise irregular, and because
the "mortgage follows the Note," the Assignment of the Deed of
Trust is insufficient to effectuate a proper transfer. Therefore the
Assignment of the Deed of Trust is invalid, void or voidable.
51. The Notice of Défault, however, based on information and
belief, was invalid or otherwise improper, void_or voidable,
because it was based on an inyalid, yoid or otherwise invalid
Assignment of Deed of Trust.
Margarita Salazar, Esq.
March 8, 2017
Page 3
With regard to the multiple endorsements of the note, this is irrelevant. There is no
authority supporting your position that a note twice endorsed is rendered defective; and it is
illogical to so assert such a position.
The timing of the endorsement is not a problem either. The FDIC Purchase and
Assumption Agreement, wherein the FDIC, as receiver, assigns Imperial Capital Bank’s assets
and deposits to CNB, is dated December 18, 2009. The Limited Powers of Attorney, identifying
persons with power of attorney related to the transaction were recorded in December 22, 2009,
and expressly state they are provided to further the December 18, 2009, transaction.
The endorsement by the FDIC to CNB is not dated, and could have taken place, and been
effective, any time prior to the foreclosure on the Deed of Trust. Rajan Ramachandran, one of
the endorsers of Ms. Bagga’s note, is provided with power of attorney on the document, dated
December 21, but recorded on December 22, 2009. (See the language of the recorded Limited
Powers of Attorney.) Thus, Rajan Ramachandran was authorized to endorse Ms. Bagga’s
loan/note to CNB from the inception of the transaction, and did so. The second endorsement on
the note is by Laura French, who was provided power of attorney via the December 3, 2010,
recorded Limited Power of Attorney.' She would have also been eligible to timely endorse the
note, and did so.
Regardless, endorsement of the note/loan was not required for CNB to be entitled to
enforce the note and foreclose on the deed of trust. The California Commercial Code does not
require an endorsement for a non-holder in possession, with rights of a holder, to enforce a note.
(Commercial Code Sections 3301 and 3203(a); and In Re: Jackson (2011 ED Cal.) 451 B.R. 24,
30 [As stated in UCC Section 3-203(a), a note is transferred ‘when it is delivered by a person
other than the issuer for the purpose of giving to the person receiving delivery the right to
enforce the instrument.’ For example, assume that the payee of a note sells it to an assignee,
intending to transfer all of the payee’s rights to the note, but delivers the note to the assignee
without indorsing it. The assignee will not qualify as a holder (because the note is still payable
to the payee) but, because the transaction between the payee and the assignee qualifies as a
transfer, the assignee now has all of the payee’s rights to enforce the note and thereby qualifies
as the person entitled to enforce it.”] Quoting the Permanent Editorial Board for the Uniform
Commercial Code.) The occurrence of the assignment is all that was required, and the FAC
admits the assignment occurred.
Thus, whether the note/loan was properly or timely endorsed from the FDIC to CNB is
irrelevant to CNB’s ability to enforce it.
With regard to Ms. Bagga’s second cause of action, for negligence, you have made no
material amendments to the complaint that would affect this cause of action. The original
complaint and the FAC allege CNB committed negligence by not properly crediting payments
made by Ms. Bagga and foreclosing without justification. As stated in my demurrer to the
original complaint, a lender owes not duties to a borrower beyond those expressed in the loan
agreement. (Nymark y. Heart Fed, Savings & Loan Ass'n (1991) 231 Cal.App.3d 1089, 1096.)
I‘ Rajan Ramachandran is also listed on the December 3, 2010 recorded Limited Power of Attorney.
Margarita Salazar, Esq.
March 8, 2017
Page 4
The court agreed in sustaining the demurrer as to this cause of action. The FAC does not contain
any new, material allegations that would alter the court’s decision.
With regard to Ms. Bagga’s third cause of action, for negligent supervision, you have
failed to add the named defendant in this cause of action, Title Trust Deed, to the FAC. Thus,
the FAC does not contain any new, material allegations that would alter the court’s decision.
With regard to Ms. Bagga’s fourth and fifth causes of action, for negligent
misrepresentation and fraud, you have made no material amendments to the complaint that
would affect these causes of action. The court found the allegations of your original complaint
insufficient to state a cause of action for misrepresentation. Specifically, the court requested
additional allegations regarding the amount allegedly misrepresented in the Notice of Default
and your notice thereof. None were added. Thus, the FAC does not contain any new, material
allegations that would alter the court’s decision.
With regard to Ms. Bagga’s sixth cause of action, for violation of the Fair Debt
Collection Practices Act (RFDCA), you have made no material amendments to the complaint
that would affect this cause of action. In sustaining the demurrer, the court found the RFDCA
did not apply to what appeared to be a commercial debt. The FAC contains no new allegations
that would change that analysis.
With regard to Ms. Bagga’s seventh cause of action, for violations of Business &
Professions Code Section 17200 et seq., you have made no material amendments to the
complaint that would affect this cause of action. The court found the complaint did not, with
reasonable particularity, allege facts sufficient to support the cause of action. The FAC contains
no new allegations that would change that analysis.
I am available, at your convenience, to further discuss these matters over the telephone or
any other manner that you prefer.
Very truly yours,
DOWLING AA!
2
f
£- /
Ww,-
GAS:nmj
cc: Mr. Mike Zandpour
Ms. Patricia Fogarty
014939-000004\02147495.DOCX.
Exhibit B
Nellie M. Jacques
From: Margarita Salazar, Esq.
Sent: Friday, March 10, 2017 4:01 PM
To: G Andrew. Slater
Ce: Nellie M. Jacques; Celeste Villa
Subject: Re: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017
Andrew,
It appears that we filed the wrong document. We made other changes that do not appear on this version. I'm not
sure what happened on our end but it was a mistake. I did not realize this error until you sent your meet and
confer letter.
I will file an errata on MONDAY with the correct version.
Please let me know if you have any questions on this.
Thank you.
--m
Margarita Salazar, Esq.
Law Offices of Margarita Salazar, A Professional Law Corporation
333 "H" Street, Suite 5000
Chula Vista, California 91910
Tel: 619.551-7023
Fax: 877.264.4695
On Wed, Mar 8, 2017 at 11:52 AM, Nellie M. Jacques wrote:
Good morning,
Attached is a copy of Andrew Slater’s letter of today’s date pertaining to the above-referenced matter. The
original letter will be sent via U.S. mail. Should you have any difficulty opening the attachment please
advise. Thank you.
Nellie M. Jacques | Secretary to G. Andrew Slater
Dowling Aaron Incorporated
8080 North Palm Avenue, Third Floor| Fresno, CA 93711
Telephone: 559.432.4500 | Fax: 559.432.4590
NJacques@dowlingaaron.com | dowlingaaron.com
Confidential Attorney Client Communication/Attorney Work Product. This electronic mail message and any
attachments are intended only for the use of the addressee(s) named above and may contain information that is
privileged, confidential and exempt from disclosure under applicable law. If you are not an intended recipient,
or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified
that any dissemination, distribution or copying of this communication is strictly prohibited. Moreover, any
inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this communication or
otherwise. If you received this e-mail message in error, please immediately notify the sender by replying to this
message or by telephone at (559) 432-4500 and then permanently deleting the material received. Thank you.
-
--m
Margarita Salazar, Esq.
Law Offices of Margarita Salazar, A Professional Law Corporation
333 "H" Street, Suite 5000
Chula Vista, California 91910
Tel: 619.551-7023
Fax: 877.264.4695
Exhibit C
Nellie M. Jacques
From: G Andrew. Slater
Sent: Monday, March 13, 2017 4:26 PM
To: Margarita Salazar, Esq.
Ce: Nellie M. Jacques; Celeste Villa
Subject: RE: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017
Please send me whatever you filed today. Thanks.
G. Andrew Slater
Dowling Aaron Incorporated
8080 N. Palm Ave. Third Floor
Fresno, CA 93711
559.432.4500
559.432.4590
as sl @dowlingaaron.com
www.dowlingaaron.com
Fresno| Downtown Fresno| Sacramento |Visalia | Bakersfield
DOWLING|AARON
I'INGOORPORATEOD
ATTORNEYS AND COUNSELORS AT LAW
From: Margarita Salazar, Esq. [mailto:margarita@msalazarlaw.com
Sent: Friday, March 10, 2017 4:01 PM
To: G Andrew. Slater
Cc: Nellie M. Jacques; Celeste Villa
Subject: Re: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017
Andrew,
It appears that we filed the wrong document. We made other changes that do not appear on this version. I'm not
sure what happened on our end but it was a mistake. I did not realize this error until you sent your meet and
confer letter.
I will file an errata on MONDAY with the correct version.
Please let me know if you have any questions on this.
Thank you.
--m
Margarita Salazar, Esq.
Law Offices of Margarita Salazar, A Professional Law Corporation
333 "H" Street, Suite 5000
Chula Vista, California 91910
Tel: 619.551-7023
Fax: 877.264.4695
On Wed, Mar 8, 2017 at 11:52 AM, Nellie M. Jacques wrote:
Good morning,
Attached is a copy of Andrew Slater’s letter of today’s date pertaining to the above-referenced matter. The
original letter will be sent via U.S. mail. Should you have any difficulty opening the attachment please
advise. Thank you.
Nellie M. Jacques | Secretary to G. Andrew Slater
Dowling Aaron Incorporated
8080 North Palm Avenue, Third Floor | Fresno, CA 93711
Telephone: 559.432.4500 | Fax: 559.432.4590
NJacques@dowlingaaron.com | dowlingaaron.com
Confidential Attorney Client Communication/Attorney Work Product. This electronic mail message and any
attachments are intended only for the use of the addressee(s) named above and may contain information that is
privileged, confidential and exempt from disclosure under applicable law. If you are not an intended recipient,
or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified
that any dissemination, distribution or copying of this communication is strictly prohibited. Moreover, any
inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this communication or
otherwise. If you received this e-mail message in error, please immediately notify the sender by replying to this
message or by telephone at (559) 432-4500 and then permanently deleting the material received. Thank you.
=e
--m
Margarita Salazar, Esq.
Law Offices of Margarita Salazar, A Professional Law Corporation
333 "H" Street, Suite 5000
Chula Vista, California 91910
Tel: 619.551-7023
Fax: 877.264.4695
Nellie M. Jacques
From: G Andrew. Slater
Sent: Wednesday, March 15, 2017 11:03 AM
To: Margarita Salazar, Esq.
Ce: Nellie M. Jacques; Celeste Villa
Subject: RE: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017
Again, please send over anything that was filed. Thanks.
-Andy
G. Andrew Slater
Dowling Aaron Incorporated
8080 N. Palm Ave. Third Floor
Fresno, CA 93711
559.432.4500
559.432.4590
sl later @dowlingaaron.com
www.dowlingaaron.com
Fresno| Downtown Fresno| Sacramento |Visalia | Bakersfield
DOWLING |AARON
INGORPORATED
ATTORNEYS AND COUNSELORS AT LAW
From: G Andrew. Slater
Sent: Monday, March 13, 2017 4:26 PM
To: ‘Margarita Salazar, Esq. '
Cc: Nellie M. Jacques; Celeste Villa
Subject: RE: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017
Please send me whatever you filed today. Thanks.
G. Andrew Slater
Dowling Aaron Incorporated
8080 N. Palm Ave. Third Floor
Fresno, CA 93711
559.432.4500
559.432.4590
is later \dowlingaaron.com
www.dowlingaaron.com
Fresno | Downtown Fresno | Sacramento | Visalia | Bakersfield
DOWLING |AARON
INGORPORATED
ATTORNEYS AND COUNSELORS AT LAW
From: Margarita Salazar, Esq. [mailto:margarita@msalazarlaw.com
Sent: Friday, March 10, 2017 4:01 PM
To: G Andrew. Slater
Cc: Nellie M. Jacques; Celeste Villa
Subject: Re: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017
Andrew,
It appears that we filed the wrong document. We made other changes that do not appear on this version. I'm not
sure what happened on our end but it was a mistake. I did not realize this error until you sent your meet and
confer letter.
I will file an errata on MONDAY with the correct version.
Please let me know if you have any questions on this.
Thank you.
--m
Margarita Salazar, Esq.
Law Offices of Margarita Salazar, A Professional Law Corporation
333 "H" Street, Suite 5000
Chula Vista, California 91910
Tel: 619.551-7023
Fax: 877.264.4695
On Wed, Mar 8, 2017 at 11:52 AM, Nellie M. Jacques wrote:
Good morning,
Attached is a copy of Andrew Slater’s letter of today’s date pertaining to the above-referenced matter. The
original letter will be sent via U.S. mail. Should you have any difficulty opening the attachment please
advise. Thank you.
Nellie M. Jacques | Secretary to G. Andrew Slater
Dowling Aaron Incorporated
8080 North Palm Avenue, Third Floor | Fresno, CA 93711
Telephone: 559.432.4500 | Fax: 559.432.4590
NJacques@dowlingaaron.com | dowlingaaron.com
Confidential Attorney Client Communication/Attorney Work Product. This electronic mail message and any
2
attachments are intended only for the use of the addressee(s) named above and may contain information that is
privileged, confidential and exempt from disclosure under applicable law. If you are not an intended recipient,
or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified
that any dissemination, distribution or copying of this communication is strictly prohibited. Moreover, any
inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this communication or
otherwise. If you received this e-mail message in error, please immediately notify the sender by replying to this
message or by telephone at (559) 432-4500 and then permanently deleting the material received. Thank you.
—
--m
Margarita Salazar, Esq.
Law Offices of Margarita Salazar, A Professional Law Corporation
333 "H" Street, Suite 5000
Chula Vista, California 91910
Tel: 619.551-7023
Fax: 877.264.4695
Nellie M. Jacques
From: G Andrew. Slater
Sent: Tuesday, March 21, 2017 3:46 PM
To: Margarita Salazar, Esq.
Ce: Nellie M. Jacques; Celeste Villa
Subject: RE: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017
Margarita:
The docket for this matter does not reflect any additional filing by you. Regardless, | would object to any
filing/service at this point in time, a week or so before my response is due, as prejudicial. Let me know if you feel the
need to further meet and confer with regard to the issued raised in my letter re: further demurrer.
-Andy
G. Andrew Slater
Dowling Aaron Incorporated
8080 N. Palm Ave. Third Floor
Fresno, CA 93711
559.432.4500
559.432.4590
aslater@dowlingaaron.com
www.dowlingaaron.com
Fresno | Downtown Fresno | Sacramento | Visalia | Bakersfield
DOWLING |AARON
INCORPORATED
ATTORNEYS AND COUNSELORS AT LAW
From: Margarita Salazar, Esq. [mailto: margarita@msalazarlaw.com]
Sent: Tuesday, March 21, 2017 8:21 AM
To: G Andrew. Slater
Cc: Nellie M. Jacques; Celeste Villa
Subject: Re: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017
Sorry, Andrew. I've been out of the office.
I'll check on this today.
Thanks.
--m
On Wed, Mar 15, 2017 at 11:03 AM, G Andrew. Slater wrote:
Again, please send over anything that was filed. Thanks.
-Andy
G. Andrew Slater
Dowling Aaron Incorporated
8080 N. Palm Ave. Third Floor
Fresno, CA 93711
559.432.4500
559.43
aslater@dowlingaaron.com
wi wi ;w.dowlingaaron.com
Fresno | Downtown Fresno | Sacramento | Visalia | Bakersfield
DOWLING |AARON
INGORPORATED
ATTORNEYS AND COUNSELORS AT LAW
From: G Andrew. Slater
Sent: Monday, March 13, 2017 4:26 PM
To: ‘Margarita Salazar, Esq. '
Cc: Nellie M. Jacques; Celeste Villa
Subject: RE: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017
Please send me whatever you filed today. Thanks.
G. Andrew Slater
Dowling Aaron Incorporated
8080 N. Palm Ave. Third Floor
Fresno, CA 93711
559.432.4500
559.432.4590
aslater@dowlingaaron.com
wy ~ww.dowlingaaron.com
Fresno | Downtown Fresno | Sacramento | Visalia | Bakersfield
DOWLING |AARON
INCORPORATED
ATTORNEYS AND COUNSELORS AT LAW
From: Margarita Salazar, Esq. [mailto:margarita@msalazarlaw.com
Sent: Friday, March 10, 2017 4:01 PM
To: G Andrew. Slater
Cc: Nellie M. Jacques; Celeste Villa
Subject: Re: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017
Andrew,
It appears that we filed the wrong document. We made other changes that do not appear on this version. I'm not
sure what happened on our end but it was a mistake. I did not realize this error until you sent your meet and
confer letter.
I will file an errata on MONDAY with the correct version.
Please let me know if you have any questions on this.
Thank you.
-m
Margarita Salazar, Esq.
Law Offices of Margarita Salazar, A Professional Law Corporation
333 "H" Street, Suite 5000
Chula Vista, California 91910
Tel: 619.551-7023
Fax: 877.264.4695
On Wed, Mar 8, 2017 at 11:52 AM, Nellie M. Jacques wrote:
Good morning,
Attached is a copy of Andrew Slater’s letter of today’s date pertaining to the above-referenced matter. The
original letter will be sent via U.S. mail. Should you have any difficulty opening the attachment please
advise. Thank you.
Nellie M. Jacques | Secretary to G. Andrew Slater
Dowling Aaron Incorporated
8080 North Palm Avenue, Third Floor | Fresno, CA 93711
Telephone: 559.432.4500 | Fax: 559.432.4590
NJacques@dowlingaaron.com | dowlingaaron.com
Confidential Attorney Client Communication/Attorney Work Product. This electronic mail message and any
attachments are intended only for the use of the addressee(s) named above and may contain information that is
privileged, confidential and exempt from disclosure under applicable law. If you are not an intended recipient,
or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified
that any dissemination, distribution or copying of this communication is strictly prohibited. Moreover, any
inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this communication or
otherwise. If you received this e-mail message in error, please immediately notify the sender by replying to this
message or by telephone at (559) 432-4500 and then permanently deleting the material received. Thank you.
=
--m
Margarita Salazar, Esq.
Law Offices of Margarita Salazar, A Professional Law Corporation
333 "H" Street, Suite 5000
Chula Vista, California 91910
Tel: 619.551-7023
Fax: 877.264.4695
Confidential Attorney Client Communication/Attorney Work Product. This electronic mail message and any
attachments are intended only for the use of the addressee(s) named above and may contain information that is
privileged, confidential and exempt from disclosure under applicable law. If you are not an intended recipient,
or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified
that any dissemination, distribution or copying of this communication is strictly prohibited. Moreover, any
inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this communication or
otherwise. If you received this e-mail message in error, please immediately notify the sender by replying to this
message or by telephone at (559) 432-4500 and then permanently deleting the material received. Thank you.
-
-m
Margarita Salazar, Esq.
Law Offices of Margarita Salazar, A Professional Law Corporation
333 "H" Street, Suite 5000
Chula Vista, California 91910
Tel: 619.551-7023
Fax: 877.264.4695
Exhibit D
Nellie M. Jacques
From: Margarita Salazar, Esq.
Sent: Tuesday, March 21, 2017 4:01 PM
To: G Andrew. Slater
Ce: Nellie M. Jacques; Celeste Villa
Subject: Re: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017
Andrew,
Tam having some staffing issues on my end. Long story. It will be filed tomorrow as it is too late today. I can
give you a 30-day extension of time to respond based on date of service for tomorrow.
Please confirm that you agree to extend me until tomorrow to file the Errata re FAC.
Thank you.
--m
Margarita Salazar, Esq.
Law Offices of Margarita Salazar, A Professional Law Corporation
333 "H" Street, Suite 5000
Chula Vista, California 91910
Tel: 619.551-7023
Fax: 877.264.4695
On Tue, Mar 21, 2017 at 3:46 PM, G Andrew. Slater wrote:
Margarita:
The docket for this matter does not reflect any additional filing by you. Regardless, | would object to any
filing/service at this point in time, a week or so before my response is due, as prejudicial. Let me know if you feel the
need to further meet and confer with regard to the issued raised in my letter re: further demurrer.
-Andy
G. Andrew Slater
Dowling Aaron Incorporated
8080 N. Palm Ave. Third Floor
Fresno, CA 93711
559.432.4500
559.432.4590
\slater@dowlingaaron.com
www.dowlingaaron.com
Fresno | Downtown Fresno | Sacramento | Visalia | Bakersfield
DOWLING |AARON
INGORPORATEOD
ATTORNEYS AND COUNSELORS AT LAW
From: Margarita Salazar, Esq. [mailto: margarita@msalazarlaw.com
Sent: Tuesday, March 21, 2017 8:21 AM
To: G Andrew. Slater
Cc: Nellie M. Jacques; Celeste Villa
Subject: Re: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017
Sorry, Andrew. I've been out of the office.
T'll check on this today.
Thanks.
-m
On Wed, Mar 15, 2017 at 11:03 AM, G Andrew. Slater wrote:
Again, please send over anything that was filed. Thanks.
-Andy
G. Andrew Slater
Dowling Aaron Incorporated
8080 N. Palm Ave. Third Floor
Fresno, CA 93711
559.432.4500
559.432.4590
dowlingaaron.com
www.dowlingaaron.com
Fresno| Downtown Fresno| Sacramento |Visalia | Bakersfield
DOWLING |AARON
INGORPORATED
ATTORNEYS AND COUNSELORS AT LAW
From: G Andrew. Slater
Sent: Monday, March 13, 2017 4:26 PM
To: ‘Margarita Salazar, Esq. '
Cc: Nellie M. Jacques; Celeste Villa
Subject: RE: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017
Please send me whatever you filed today. Thanks.
G. Andrew Slater
Dowling Aaron Incorporated
8080 N. Palm Ave. Third Floor
Fresno, CA 93711
559.432.4500
559.432.4590
aslater! lowlingaaron.com
www.dowlingaaron.com
Fresno | Downtown Fresno | Sacramento | Visalia | Bakersfield
DOWLING |AARON
INGORPORATED
ATTORNEYS AND COUNSELORS AT LAW
From: Margarita Salazar, Esq. [mailto:margarita@msalazarlaw.com
Sent: Friday, March 10, 2017 4:01 PM
To: G Andrew. Slater
Cc: Nellie M. Jacques; Celeste Villa
Subject: Re: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017
Andrew,
It appears that we filed the wrong document. We made other changes that do not appear on this version. I'm not
sure what happened on our end but it was a mistake. I did not realize this error until you sent your meet and
confer letter.
I will file an errata on MONDAY with the correct version.
3
Please let me know if you have any questions on this.
Thank you.
--m
Margarita Salazar, Esq.
Law Offices of Margarita Salazar, A Professional Law Corporation
333 "H" Street, Suite 5000
Chula Vista, California 91910
Tel: 619.551-7023
Fax: 877.264.4695
On Wed, Mar 8, 2017 at 11:52 AM, Nellie M. Jacques wrote:
Good morning,
Attached is a copy of Andrew Slater’s letter of today’s date pertaining to the above-referenced matter. The
original letter will be sent via U.S. mail. Should you have any difficulty opening the attachment please
advise. Thank you.
Nellie M. Jacques | Secretary to G. Andrew Slater
Dowling Aaron Incorporated
8080 North Palm Avenue, Third Floor | Fresno, CA 93711
Telephone: 559.432.4500 | Fax: 559.432.4590
NJacques@dowlingaaron.com | dowlingaaron.com
Confidential Attorney Client Communication/Attorney Work Product. This electronic mail message and any
4
attachments are intended only for the use of the addressee(s) named above and may contain information that is
privileged, confidential and exempt from disclosure under applicable law. If you are not an intended recipient,
or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified
that any dissemination, distribution or copying of this communication is strictly prohibited. Moreover, any
inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this communication or
otherwise. If you received this e-mail message in error, please immediately notify the sender by replying to this
message or by telephone at (559) 432-4500 and then permanently deleting the material received. Thank you.
a
-m
Margarita Salazar, Esq.
Law Offices of Margarita Salazar, A Professional Law Corporation
333 "H" Street, Suite 5000
Chula Vista, California 91910
Tel: 619.551-7023
Fax: 877.264.4695
Confidential Attorney Client Communication/Attorney Work Product. This electronic mail message and any
attachments are intended only for the use of the addressee(s) named above and may contain information that is
privileged, confidential and exempt from disclosure under applicable law. If you are not an intended recipient,
or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified
that any dissemination, distribution or copying of this communication is strictly prohibited. Moreover, any
inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this communication or
otherwise. If you received this e-mail message in error, please immediately notify the sender by replying to this
message or by telephone at (559) 432-4500 and then permanently deleting the material received. Thank you.
=
--m
Margarita Salazar, Esq.
Law Offices of Margarita Salazar, A Professional Law Corporation
333 "H" Street, Suite 5000
Chula Vista, California 91910
Tel: 619.551-7023
Fax: 877.264.4695
Confidential Attorney Client Communication/Attorney Work Product. This electronic mail message and any
attachments are intended only for the use of the addressee(s) named above and may contain information that is
privileged, confidential and exempt from disclosure under applicable law. If you are not an intended recipient,
or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified
that any dissemination, distribution or copying of this communication is strictly prohibited. Moreover, any
inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this communication or
otherwise. If you received this e-mail message in error, please immediately notify the sender by replying to this
message or by telephone at (559) 432-4500 and then permanently deleting the material received. Thank you.
-
--m
Margarita Salazar, Esq.
Law Offices of Margarita Salazar, A Professional Law Corporation
333 "H" Street, Suite 5000
Chula Vista, California 91910
Tel: 619.551-7023
Fax: 877.264.4695
Preview
E-FILED G, Andrew Slater #238126 3/30/2017 9:30:32 AM DOWLING AARON INCORPORATED FRESNO COUNTY SUPERIOR COURT 8080 North Palm Avenue, Third Floor P.O. Box 28902 By: C. Cogburn, Deputy Fresno, California 93729-8902 Tel: (559) 432-4500 Fax: (559) 432-4590 aslater@dowlingaaron.com Attorneys for Defendant CITY NATIONAL BANK SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO 10 ll SURJIT BAGGA, Case No. 16CECG03336 12 Plaintiff, DECLARATION OF G. ANDREW SLATER IN SUPPORT OF MOTION TO 13 Vv. STRIKE NOTICE OF ERRATA RE; FIRST AMENDED COMPLAINT 14 CITY NATIONAL BANK, and DOES 1-100, inclusive, Date: May 4, 2017 15 Time: 3:30 p.m. Defendants. Dept: 402 16 Judge: Hon. Jeffrey Hamilton 17 18 I, G. Andrew Slater, declare: 19 1 I am an attorney admitted to practice law before all of the courts of the 20 State of California and a member of Dowling Aaron Incorporated, attorneys for Defendant, 21 City National Bank (CNB). I have personal knowledge of all facts stated in this Declaration, 22 and can testify competently thereto, except as to matters stated on information and belief, and 23 as to such matters, I believe them to be true. 24 2 This Declaration is being submitted in support of CNB’s Motion to 25 Strike the Notice of Errata Re: First Amended Complaint filed by plaintiff, Surgit Bagga. 26 3 On October 24, 2016, plaintiff filed her original complaint in this action. 27 On December 22, 2016, CNB demurred to the original complaint. On February 6, 2017, the 28 Court sustained CNB’s demurrer, in its entirety, with leave to amend. On February 24, 2017, Dowul DECLARATION OF G. ANDREW SLATER IN SUPPORT OF MOTION TO STRIKE NOTICE OF RRATA RE: FIRST AMENDED COMPLAINT plaintiff filed a First Amended Complaint (FAC). (A true and correct copy is attached to the Request for Judicial Notice as Exhibit "A.") 4 On March 8, 2017, I sent a meet and confer letter to counsel for plaintiff (Margarita Salazar, Esq.) regarding deficiencies in the FAC, which CNB believed rendered the FAC subject to demurrer without leave to amend. (A true and correct copy is attached hereto as Exhibit "A.") In response my meet and confer letter, on March 10, 2017, Ms. Salazar sent an email to me wherein she stated the FAC was filed in error and that she would be filing the correct FAC the next day. (A true and correct copy is attached hereto as Exhibit "B.") Plaintiff did not file a new FAC the next day. I followed up via email with plaintiff's counsel several 10 times inquiring about the filing, but received no immediate response. (True and correct copies 11 are attached hereto as Exhibit "C.") 12 5 Finally, on March 21, 2017, plaintiff's counsel sent an email to me 13 stating staffing issues that prevented immediate filing and promising the new filing by the next 14 day. (A true and correct copy is attached hereto as Exhibit "D.") On March 22, 2017, eight 15 days prior to CNB’s deadline to respond to the FAC, plaintiff filed a “Notice of Errata re: First 16 Amended Complaint.” (A true and correct copy is attached to the Request for Judicial Notice 17 as Exhibit "B".) 18 6 I notified plaintiff's counsel that I did not consider the Notice of Errata 19 to be a true errata but rather a further amended pleading requiring leave of court. I also notified 20 plaintiffs counsel that I would be filing a demurrer to the FAC and a Motion to Strike the 21 Notice of Errata. 22 Executed this Z / day of March, 2017, at Fresno, California. I declare under 23 penalty of perjury under the laws of the State of California that the foregoing is true and 24 correct. 25 26 By fe Slater 27 014939-000004\02160162.DOCX. 28 Do DECLARATION OF G. ANDREW SLATER IN SUPPORT OF MOTION TO STRIKE NOTICE OF RRATA RE; FIRST AMENDED COMPLAIN’ Exhibit A DOWLING | AARON ! NCORPORATED ATTORNEYS AND COUNSELORS AT LAW 8080 North Palm Third Floor March 8, 2017 Fresno, CA 9371) P: 559.432.4500 F: 959.432.4590 wwwidowlingaaron.com, File No. 14939-004 MICHAEL D, DOWLING RICHARD M. AARON VIA E-MAIL AND U.S. MAIL CHRISTOPHER A. BROWN LARRY 8, LINDENAU margarita@msalazarlaw.com RONALD A. HENDERSON DONALD R. FISCHBACH RUSSELL F. HURLEY PHILIP B, LAIRD Margarita Salazar, Esq. JAMES D. BURNSIDE I Law Offices of Margarita Salazar, APLC STEVEN D. MCGEE KEVIN C. GRANT 333 H Street, Suite 5000 TIMOTHY J. LARSON* LEIGH W. BURNSIDE Chula Vista, California 93910 JOHN C, GANAHL JEFFREY P. DAVIS MARK D. KRUTHERS DAVID D. SCHNEIDER Re: Surjit Bagga v. City National Bank DANIEL O. JAMISON Fresno County Superior Court Case No. 16CECG03336 STEPHANIE H. BORCHERS WM. LANIER THOMAS. Meet and Confer —- Demurrer NATHAN W. POWELL MICAH K. NILSSON MATTHEW R, DILDINE MARCUS N. DIBUDUO Dear Ms. Salazar: WILLIAM H, LITTLEWOOD MELISSA , WEBB JOSHUA S. ALIPAZ As you know, this law firm is legal counsel to City National Bank JENNIFER E. LARSON STEVEN M. MATLAK (CNB), which is a named defendant in the above entitled action. The purpose G. ANDREW SLATER MARK J. GLEASON JARED C. MARSHALL of this letter is to solicit cooperation in scheduling a “meet and confer” under GREGORY N. MISKUUIN the mandate of the demurrer statute, CCP section 430.41, which by my ROBERT T, AINLEY JUSTIN L. THOMAS calculation needs to occur by Friday, March 24, 2017. To facilitate our SYDNEY A. SMITH TREVOR P. GOOSSEN. dialogue, the following is a summary of the shortcomings in the recently-filed ANNE N. VAZ first amended complaint (FAC) that will form the subject matter of the NICKOLAS J. DIBIASO demurrer if not otherwise informally resolved. In the interest of brevity, I did STEVEN M. VARTABEDIAN not include the referenced documents/exhibits as they are attached to prior KENNETH M. BYRUM DONALD H. GLASRUD pleadings. JAMES C. SHERWOOD (OF COUNSEL *Albo admilled in Texas From my reading of the FAC, the only new/changed allegations in the BLAINE PETIITT (1916 ~ 2002) FAC concern the propriety of the endorsement of Ms. Bagga’s note/loan to MORRIS M. SHERR CNB. The FAC alleges: (1) the note was not endorsed prior to its transfer or (1930 - 2006), assignment; and (2) the note was endorsed twice, which somehow renders it defective. 5080 California Avenue Suite 340 Bakerstield, CA 93309 Below are the changed/added allegations: P: 661.716.3000 F: 661.716.3005 23. Based on information and belief, on or about 403 North Floral Street 12/18/2009, FDIC entered _into_a Purchase and Visalia, CA 93291 P: 559.739.7200 Assumption Agreement with City National Bank F: $59,739.7233, whereby FDIC purpertedly transferred to CNB 3721 Douglas Boulevard ertain assets of Imperial_ Capital Bank, Suite 280 Roseville, CA 95661 including Plaintiff's Note and Deed of Trust. P: 916.791.4500 F: 916.791.4550 Margarita Salazar, Esq. March 8, 2017 Page 2 24. Based on information and belief, at the time that FDCI ntered_ into the Purchase and Assumption Agreement with City National Bank the Note had not been endorsed. Becaus the Note had not been endorsed at the time of this agreement, the Note was not in fact transferred. 25. Based on information and belief, on or about 12/03/2010, the Note was purportedly endorsed by City National Bank. However, because the Note appears to include two separate mdorsements from two separate Attorneys-In-Fact: (i) Rajan Ramachandran; and (ii) Laura French, the only year that both individuals were identified on the Limited Power of Attorney was for the Power of Attorney recorded on 12/03/2010. A tru and_correct_copy of the dual-endorsed_ Promissory Note attached hereto as Exhibit M. 26. Based on information and belief, the Power of Attorney filed _on or about 12/22/2009 did not identi Laura French as ne of the listed attorneys in fact for the FDIC. 27, Plaintiff_alleges_that_the Note was fraudulently or otherwise improperly endorsed given that there were two endorsements _on_one_note_that_is_irregular_on_its face. Moreover, such_an_ endorsement renders the Note void or voidable on its face. 28. There was no endorsement of the Note prior to 12/03/2010. 33, Heweve = there no-enders Q nde Nn @ h the D fromthe FDIC-to-City National Bank. ne er. here Hecause However, the Note was inyalid, yoid or yoidable as having been altered r improperly endorsed and otherwise irregular, and because the "mortgage follows the Note," the Assignment of the Deed of Trust is insufficient to effectuate a proper transfer. Therefore the Assignment of the Deed of Trust is invalid, void or voidable. 51. The Notice of Défault, however, based on information and belief, was invalid or otherwise improper, void_or voidable, because it was based on an inyalid, yoid or otherwise invalid Assignment of Deed of Trust. Margarita Salazar, Esq. March 8, 2017 Page 3 With regard to the multiple endorsements of the note, this is irrelevant. There is no authority supporting your position that a note twice endorsed is rendered defective; and it is illogical to so assert such a position. The timing of the endorsement is not a problem either. The FDIC Purchase and Assumption Agreement, wherein the FDIC, as receiver, assigns Imperial Capital Bank’s assets and deposits to CNB, is dated December 18, 2009. The Limited Powers of Attorney, identifying persons with power of attorney related to the transaction were recorded in December 22, 2009, and expressly state they are provided to further the December 18, 2009, transaction. The endorsement by the FDIC to CNB is not dated, and could have taken place, and been effective, any time prior to the foreclosure on the Deed of Trust. Rajan Ramachandran, one of the endorsers of Ms. Bagga’s note, is provided with power of attorney on the document, dated December 21, but recorded on December 22, 2009. (See the language of the recorded Limited Powers of Attorney.) Thus, Rajan Ramachandran was authorized to endorse Ms. Bagga’s loan/note to CNB from the inception of the transaction, and did so. The second endorsement on the note is by Laura French, who was provided power of attorney via the December 3, 2010, recorded Limited Power of Attorney.' She would have also been eligible to timely endorse the note, and did so. Regardless, endorsement of the note/loan was not required for CNB to be entitled to enforce the note and foreclose on the deed of trust. The California Commercial Code does not require an endorsement for a non-holder in possession, with rights of a holder, to enforce a note. (Commercial Code Sections 3301 and 3203(a); and In Re: Jackson (2011 ED Cal.) 451 B.R. 24, 30 [As stated in UCC Section 3-203(a), a note is transferred ‘when it is delivered by a person other than the issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument.’ For example, assume that the payee of a note sells it to an assignee, intending to transfer all of the payee’s rights to the note, but delivers the note to the assignee without indorsing it. The assignee will not qualify as a holder (because the note is still payable to the payee) but, because the transaction between the payee and the assignee qualifies as a transfer, the assignee now has all of the payee’s rights to enforce the note and thereby qualifies as the person entitled to enforce it.”] Quoting the Permanent Editorial Board for the Uniform Commercial Code.) The occurrence of the assignment is all that was required, and the FAC admits the assignment occurred. Thus, whether the note/loan was properly or timely endorsed from the FDIC to CNB is irrelevant to CNB’s ability to enforce it. With regard to Ms. Bagga’s second cause of action, for negligence, you have made no material amendments to the complaint that would affect this cause of action. The original complaint and the FAC allege CNB committed negligence by not properly crediting payments made by Ms. Bagga and foreclosing without justification. As stated in my demurrer to the original complaint, a lender owes not duties to a borrower beyond those expressed in the loan agreement. (Nymark y. Heart Fed, Savings & Loan Ass'n (1991) 231 Cal.App.3d 1089, 1096.) I‘ Rajan Ramachandran is also listed on the December 3, 2010 recorded Limited Power of Attorney. Margarita Salazar, Esq. March 8, 2017 Page 4 The court agreed in sustaining the demurrer as to this cause of action. The FAC does not contain any new, material allegations that would alter the court’s decision. With regard to Ms. Bagga’s third cause of action, for negligent supervision, you have failed to add the named defendant in this cause of action, Title Trust Deed, to the FAC. Thus, the FAC does not contain any new, material allegations that would alter the court’s decision. With regard to Ms. Bagga’s fourth and fifth causes of action, for negligent misrepresentation and fraud, you have made no material amendments to the complaint that would affect these causes of action. The court found the allegations of your original complaint insufficient to state a cause of action for misrepresentation. Specifically, the court requested additional allegations regarding the amount allegedly misrepresented in the Notice of Default and your notice thereof. None were added. Thus, the FAC does not contain any new, material allegations that would alter the court’s decision. With regard to Ms. Bagga’s sixth cause of action, for violation of the Fair Debt Collection Practices Act (RFDCA), you have made no material amendments to the complaint that would affect this cause of action. In sustaining the demurrer, the court found the RFDCA did not apply to what appeared to be a commercial debt. The FAC contains no new allegations that would change that analysis. With regard to Ms. Bagga’s seventh cause of action, for violations of Business & Professions Code Section 17200 et seq., you have made no material amendments to the complaint that would affect this cause of action. The court found the complaint did not, with reasonable particularity, allege facts sufficient to support the cause of action. The FAC contains no new allegations that would change that analysis. I am available, at your convenience, to further discuss these matters over the telephone or any other manner that you prefer. Very truly yours, DOWLING AA! 2 f £- / Ww,- GAS:nmj cc: Mr. Mike Zandpour Ms. Patricia Fogarty 014939-000004\02147495.DOCX. Exhibit B Nellie M. Jacques From: Margarita Salazar, Esq. Sent: Friday, March 10, 2017 4:01 PM To: G Andrew. Slater Ce: Nellie M. Jacques; Celeste Villa Subject: Re: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017 Andrew, It appears that we filed the wrong document. We made other changes that do not appear on this version. I'm not sure what happened on our end but it was a mistake. I did not realize this error until you sent your meet and confer letter. I will file an errata on MONDAY with the correct version. Please let me know if you have any questions on this. Thank you. --m Margarita Salazar, Esq. Law Offices of Margarita Salazar, A Professional Law Corporation 333 "H" Street, Suite 5000 Chula Vista, California 91910 Tel: 619.551-7023 Fax: 877.264.4695 On Wed, Mar 8, 2017 at 11:52 AM, Nellie M. Jacques wrote: Good morning, Attached is a copy of Andrew Slater’s letter of today’s date pertaining to the above-referenced matter. The original letter will be sent via U.S. mail. Should you have any difficulty opening the attachment please advise. Thank you. Nellie M. Jacques | Secretary to G. Andrew Slater Dowling Aaron Incorporated 8080 North Palm Avenue, Third Floor| Fresno, CA 93711 Telephone: 559.432.4500 | Fax: 559.432.4590 NJacques@dowlingaaron.com | dowlingaaron.com Confidential Attorney Client Communication/Attorney Work Product. This electronic mail message and any attachments are intended only for the use of the addressee(s) named above and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not an intended recipient, or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. Moreover, any inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this communication or otherwise. If you received this e-mail message in error, please immediately notify the sender by replying to this message or by telephone at (559) 432-4500 and then permanently deleting the material received. Thank you. - --m Margarita Salazar, Esq. Law Offices of Margarita Salazar, A Professional Law Corporation 333 "H" Street, Suite 5000 Chula Vista, California 91910 Tel: 619.551-7023 Fax: 877.264.4695 Exhibit C Nellie M. Jacques From: G Andrew. Slater Sent: Monday, March 13, 2017 4:26 PM To: Margarita Salazar, Esq. Ce: Nellie M. Jacques; Celeste Villa Subject: RE: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017 Please send me whatever you filed today. Thanks. G. Andrew Slater Dowling Aaron Incorporated 8080 N. Palm Ave. Third Floor Fresno, CA 93711 559.432.4500 559.432.4590 as sl @dowlingaaron.com www.dowlingaaron.com Fresno| Downtown Fresno| Sacramento |Visalia | Bakersfield DOWLING|AARON I'INGOORPORATEOD ATTORNEYS AND COUNSELORS AT LAW From: Margarita Salazar, Esq. [mailto:margarita@msalazarlaw.com Sent: Friday, March 10, 2017 4:01 PM To: G Andrew. Slater Cc: Nellie M. Jacques; Celeste Villa Subject: Re: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017 Andrew, It appears that we filed the wrong document. We made other changes that do not appear on this version. I'm not sure what happened on our end but it was a mistake. I did not realize this error until you sent your meet and confer letter. I will file an errata on MONDAY with the correct version. Please let me know if you have any questions on this. Thank you. --m Margarita Salazar, Esq. Law Offices of Margarita Salazar, A Professional Law Corporation 333 "H" Street, Suite 5000 Chula Vista, California 91910 Tel: 619.551-7023 Fax: 877.264.4695 On Wed, Mar 8, 2017 at 11:52 AM, Nellie M. Jacques wrote: Good morning, Attached is a copy of Andrew Slater’s letter of today’s date pertaining to the above-referenced matter. The original letter will be sent via U.S. mail. Should you have any difficulty opening the attachment please advise. Thank you. Nellie M. Jacques | Secretary to G. Andrew Slater Dowling Aaron Incorporated 8080 North Palm Avenue, Third Floor | Fresno, CA 93711 Telephone: 559.432.4500 | Fax: 559.432.4590 NJacques@dowlingaaron.com | dowlingaaron.com Confidential Attorney Client Communication/Attorney Work Product. This electronic mail message and any attachments are intended only for the use of the addressee(s) named above and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not an intended recipient, or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. Moreover, any inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this communication or otherwise. If you received this e-mail message in error, please immediately notify the sender by replying to this message or by telephone at (559) 432-4500 and then permanently deleting the material received. Thank you. =e --m Margarita Salazar, Esq. Law Offices of Margarita Salazar, A Professional Law Corporation 333 "H" Street, Suite 5000 Chula Vista, California 91910 Tel: 619.551-7023 Fax: 877.264.4695 Nellie M. Jacques From: G Andrew. Slater Sent: Wednesday, March 15, 2017 11:03 AM To: Margarita Salazar, Esq. Ce: Nellie M. Jacques; Celeste Villa Subject: RE: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017 Again, please send over anything that was filed. Thanks. -Andy G. Andrew Slater Dowling Aaron Incorporated 8080 N. Palm Ave. Third Floor Fresno, CA 93711 559.432.4500 559.432.4590 sl later @dowlingaaron.com www.dowlingaaron.com Fresno| Downtown Fresno| Sacramento |Visalia | Bakersfield DOWLING |AARON INGORPORATED ATTORNEYS AND COUNSELORS AT LAW From: G Andrew. Slater Sent: Monday, March 13, 2017 4:26 PM To: ‘Margarita Salazar, Esq. ' Cc: Nellie M. Jacques; Celeste Villa Subject: RE: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017 Please send me whatever you filed today. Thanks. G. Andrew Slater Dowling Aaron Incorporated 8080 N. Palm Ave. Third Floor Fresno, CA 93711 559.432.4500 559.432.4590 is later \dowlingaaron.com www.dowlingaaron.com Fresno | Downtown Fresno | Sacramento | Visalia | Bakersfield DOWLING |AARON INGORPORATED ATTORNEYS AND COUNSELORS AT LAW From: Margarita Salazar, Esq. [mailto:margarita@msalazarlaw.com Sent: Friday, March 10, 2017 4:01 PM To: G Andrew. Slater Cc: Nellie M. Jacques; Celeste Villa Subject: Re: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017 Andrew, It appears that we filed the wrong document. We made other changes that do not appear on this version. I'm not sure what happened on our end but it was a mistake. I did not realize this error until you sent your meet and confer letter. I will file an errata on MONDAY with the correct version. Please let me know if you have any questions on this. Thank you. --m Margarita Salazar, Esq. Law Offices of Margarita Salazar, A Professional Law Corporation 333 "H" Street, Suite 5000 Chula Vista, California 91910 Tel: 619.551-7023 Fax: 877.264.4695 On Wed, Mar 8, 2017 at 11:52 AM, Nellie M. Jacques wrote: Good morning, Attached is a copy of Andrew Slater’s letter of today’s date pertaining to the above-referenced matter. The original letter will be sent via U.S. mail. Should you have any difficulty opening the attachment please advise. Thank you. Nellie M. Jacques | Secretary to G. Andrew Slater Dowling Aaron Incorporated 8080 North Palm Avenue, Third Floor | Fresno, CA 93711 Telephone: 559.432.4500 | Fax: 559.432.4590 NJacques@dowlingaaron.com | dowlingaaron.com Confidential Attorney Client Communication/Attorney Work Product. This electronic mail message and any 2 attachments are intended only for the use of the addressee(s) named above and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not an intended recipient, or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. Moreover, any inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this communication or otherwise. If you received this e-mail message in error, please immediately notify the sender by replying to this message or by telephone at (559) 432-4500 and then permanently deleting the material received. Thank you. — --m Margarita Salazar, Esq. Law Offices of Margarita Salazar, A Professional Law Corporation 333 "H" Street, Suite 5000 Chula Vista, California 91910 Tel: 619.551-7023 Fax: 877.264.4695 Nellie M. Jacques From: G Andrew. Slater Sent: Tuesday, March 21, 2017 3:46 PM To: Margarita Salazar, Esq. Ce: Nellie M. Jacques; Celeste Villa Subject: RE: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017 Margarita: The docket for this matter does not reflect any additional filing by you. Regardless, | would object to any filing/service at this point in time, a week or so before my response is due, as prejudicial. Let me know if you feel the need to further meet and confer with regard to the issued raised in my letter re: further demurrer. -Andy G. Andrew Slater Dowling Aaron Incorporated 8080 N. Palm Ave. Third Floor Fresno, CA 93711 559.432.4500 559.432.4590 aslater@dowlingaaron.com www.dowlingaaron.com Fresno | Downtown Fresno | Sacramento | Visalia | Bakersfield DOWLING |AARON INCORPORATED ATTORNEYS AND COUNSELORS AT LAW From: Margarita Salazar, Esq. [mailto: margarita@msalazarlaw.com] Sent: Tuesday, March 21, 2017 8:21 AM To: G Andrew. Slater Cc: Nellie M. Jacques; Celeste Villa Subject: Re: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017 Sorry, Andrew. I've been out of the office. I'll check on this today. Thanks. --m On Wed, Mar 15, 2017 at 11:03 AM, G Andrew. Slater wrote: Again, please send over anything that was filed. Thanks. -Andy G. Andrew Slater Dowling Aaron Incorporated 8080 N. Palm Ave. Third Floor Fresno, CA 93711 559.432.4500 559.43 aslater@dowlingaaron.com wi wi ;w.dowlingaaron.com Fresno | Downtown Fresno | Sacramento | Visalia | Bakersfield DOWLING |AARON INGORPORATED ATTORNEYS AND COUNSELORS AT LAW From: G Andrew. Slater Sent: Monday, March 13, 2017 4:26 PM To: ‘Margarita Salazar, Esq. ' Cc: Nellie M. Jacques; Celeste Villa Subject: RE: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017 Please send me whatever you filed today. Thanks. G. Andrew Slater Dowling Aaron Incorporated 8080 N. Palm Ave. Third Floor Fresno, CA 93711 559.432.4500 559.432.4590 aslater@dowlingaaron.com wy ~ww.dowlingaaron.com Fresno | Downtown Fresno | Sacramento | Visalia | Bakersfield DOWLING |AARON INCORPORATED ATTORNEYS AND COUNSELORS AT LAW From: Margarita Salazar, Esq. [mailto:margarita@msalazarlaw.com Sent: Friday, March 10, 2017 4:01 PM To: G Andrew. Slater Cc: Nellie M. Jacques; Celeste Villa Subject: Re: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017 Andrew, It appears that we filed the wrong document. We made other changes that do not appear on this version. I'm not sure what happened on our end but it was a mistake. I did not realize this error until you sent your meet and confer letter. I will file an errata on MONDAY with the correct version. Please let me know if you have any questions on this. Thank you. -m Margarita Salazar, Esq. Law Offices of Margarita Salazar, A Professional Law Corporation 333 "H" Street, Suite 5000 Chula Vista, California 91910 Tel: 619.551-7023 Fax: 877.264.4695 On Wed, Mar 8, 2017 at 11:52 AM, Nellie M. Jacques wrote: Good morning, Attached is a copy of Andrew Slater’s letter of today’s date pertaining to the above-referenced matter. The original letter will be sent via U.S. mail. Should you have any difficulty opening the attachment please advise. Thank you. Nellie M. Jacques | Secretary to G. Andrew Slater Dowling Aaron Incorporated 8080 North Palm Avenue, Third Floor | Fresno, CA 93711 Telephone: 559.432.4500 | Fax: 559.432.4590 NJacques@dowlingaaron.com | dowlingaaron.com Confidential Attorney Client Communication/Attorney Work Product. This electronic mail message and any attachments are intended only for the use of the addressee(s) named above and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not an intended recipient, or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. Moreover, any inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this communication or otherwise. If you received this e-mail message in error, please immediately notify the sender by replying to this message or by telephone at (559) 432-4500 and then permanently deleting the material received. Thank you. = --m Margarita Salazar, Esq. Law Offices of Margarita Salazar, A Professional Law Corporation 333 "H" Street, Suite 5000 Chula Vista, California 91910 Tel: 619.551-7023 Fax: 877.264.4695 Confidential Attorney Client Communication/Attorney Work Product. This electronic mail message and any attachments are intended only for the use of the addressee(s) named above and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not an intended recipient, or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. Moreover, any inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this communication or otherwise. If you received this e-mail message in error, please immediately notify the sender by replying to this message or by telephone at (559) 432-4500 and then permanently deleting the material received. Thank you. - -m Margarita Salazar, Esq. Law Offices of Margarita Salazar, A Professional Law Corporation 333 "H" Street, Suite 5000 Chula Vista, California 91910 Tel: 619.551-7023 Fax: 877.264.4695 Exhibit D Nellie M. Jacques From: Margarita Salazar, Esq. Sent: Tuesday, March 21, 2017 4:01 PM To: G Andrew. Slater Ce: Nellie M. Jacques; Celeste Villa Subject: Re: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017 Andrew, Tam having some staffing issues on my end. Long story. It will be filed tomorrow as it is too late today. I can give you a 30-day extension of time to respond based on date of service for tomorrow. Please confirm that you agree to extend me until tomorrow to file the Errata re FAC. Thank you. --m Margarita Salazar, Esq. Law Offices of Margarita Salazar, A Professional Law Corporation 333 "H" Street, Suite 5000 Chula Vista, California 91910 Tel: 619.551-7023 Fax: 877.264.4695 On Tue, Mar 21, 2017 at 3:46 PM, G Andrew. Slater wrote: Margarita: The docket for this matter does not reflect any additional filing by you. Regardless, | would object to any filing/service at this point in time, a week or so before my response is due, as prejudicial. Let me know if you feel the need to further meet and confer with regard to the issued raised in my letter re: further demurrer. -Andy G. Andrew Slater Dowling Aaron Incorporated 8080 N. Palm Ave. Third Floor Fresno, CA 93711 559.432.4500 559.432.4590 \slater@dowlingaaron.com www.dowlingaaron.com Fresno | Downtown Fresno | Sacramento | Visalia | Bakersfield DOWLING |AARON INGORPORATEOD ATTORNEYS AND COUNSELORS AT LAW From: Margarita Salazar, Esq. [mailto: margarita@msalazarlaw.com Sent: Tuesday, March 21, 2017 8:21 AM To: G Andrew. Slater Cc: Nellie M. Jacques; Celeste Villa Subject: Re: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017 Sorry, Andrew. I've been out of the office. T'll check on this today. Thanks. -m On Wed, Mar 15, 2017 at 11:03 AM, G Andrew. Slater wrote: Again, please send over anything that was filed. Thanks. -Andy G. Andrew Slater Dowling Aaron Incorporated 8080 N. Palm Ave. Third Floor Fresno, CA 93711 559.432.4500 559.432.4590 dowlingaaron.com www.dowlingaaron.com Fresno| Downtown Fresno| Sacramento |Visalia | Bakersfield DOWLING |AARON INGORPORATED ATTORNEYS AND COUNSELORS AT LAW From: G Andrew. Slater Sent: Monday, March 13, 2017 4:26 PM To: ‘Margarita Salazar, Esq. ' Cc: Nellie M. Jacques; Celeste Villa Subject: RE: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017 Please send me whatever you filed today. Thanks. G. Andrew Slater Dowling Aaron Incorporated 8080 N. Palm Ave. Third Floor Fresno, CA 93711 559.432.4500 559.432.4590 aslater! lowlingaaron.com www.dowlingaaron.com Fresno | Downtown Fresno | Sacramento | Visalia | Bakersfield DOWLING |AARON INGORPORATED ATTORNEYS AND COUNSELORS AT LAW From: Margarita Salazar, Esq. [mailto:margarita@msalazarlaw.com Sent: Friday, March 10, 2017 4:01 PM To: G Andrew. Slater Cc: Nellie M. Jacques; Celeste Villa Subject: Re: Bagga v City National Bank; Case No. 16CECG03336 - Letter dated March 8, 2017 Andrew, It appears that we filed the wrong document. We made other changes that do not appear on this version. I'm not sure what happened on our end but it was a mistake. I did not realize this error until you sent your meet and confer letter. I will file an errata on MONDAY with the correct version. 3 Please let me know if you have any questions on this. Thank you. --m Margarita Salazar, Esq. Law Offices of Margarita Salazar, A Professional Law Corporation 333 "H" Street, Suite 5000 Chula Vista, California 91910 Tel: 619.551-7023 Fax: 877.264.4695 On Wed, Mar 8, 2017 at 11:52 AM, Nellie M. Jacques wrote: Good morning, Attached is a copy of Andrew Slater’s letter of today’s date pertaining to the above-referenced matter. The original letter will be sent via U.S. mail. Should you have any difficulty opening the attachment please advise. Thank you. Nellie M. Jacques | Secretary to G. Andrew Slater Dowling Aaron Incorporated 8080 North Palm Avenue, Third Floor | Fresno, CA 93711 Telephone: 559.432.4500 | Fax: 559.432.4590 NJacques@dowlingaaron.com | dowlingaaron.com Confidential Attorney Client Communication/Attorney Work Product. This electronic mail message and any 4 attachments are intended only for the use of the addressee(s) named above and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not an intended recipient, or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. Moreover, any inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this communication or otherwise. If you received this e-mail message in error, please immediately notify the sender by replying to this message or by telephone at (559) 432-4500 and then permanently deleting the material received. Thank you. a -m Margarita Salazar, Esq. Law Offices of Margarita Salazar, A Professional Law Corporation 333 "H" Street, Suite 5000 Chula Vista, California 91910 Tel: 619.551-7023 Fax: 877.264.4695 Confidential Attorney Client Communication/Attorney Work Product. This electronic mail message and any attachments are intended only for the use of the addressee(s) named above and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not an intended recipient, or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. Moreover, any inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this communication or otherwise. If you received this e-mail message in error, please immediately notify the sender by replying to this message or by telephone at (559) 432-4500 and then permanently deleting the material received. Thank you. = --m Margarita Salazar, Esq. Law Offices of Margarita Salazar, A Professional Law Corporation 333 "H" Street, Suite 5000 Chula Vista, California 91910 Tel: 619.551-7023 Fax: 877.264.4695 Confidential Attorney Client Communication/Attorney Work Product. This electronic mail message and any attachments are intended only for the use of the addressee(s) named above and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not an intended recipient, or the employee or agent responsible for delivering this e-mail to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. Moreover, any inadvertent disclosure shall not compromise or waive the attorney-client privilege as to this communication or otherwise. If you received this e-mail message in error, please immediately notify the sender by replying to this message or by telephone at (559) 432-4500 and then permanently deleting the material received. Thank you. - --m Margarita Salazar, Esq. Law Offices of Margarita Salazar, A Professional Law Corporation 333 "H" Street, Suite 5000 Chula Vista, California 91910 Tel: 619.551-7023 Fax: 877.264.4695