Preview
Nabeel M. Zuberi, (SBN 294600)
1 Preston N.K. Amundson, (SBN 351060)
McCALLA RAYMER LEIBERT PIERCE, LLP
2 301 E. Ocean Boulevard, Suite 1720
Long Beach, California 90802
3 Telephone: (562) 983-5378
Email: Nabeel.Zuberi@McCalla.com
4 Preston.Amundson@McCalla.com
MRLP File No. 24-07857CA
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Attorneys for Defendant,
6 WELLS FARGO BANK, N.A.
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF MONTEREY
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10 ROSALINA DURAN, Case No.: 24CV001164
11 Plaintiff,
VERIFIED ANSWER OF DEFENDANT
12 v. WELLS FARGO BANK, N.A. TO
PLAINTIFF’S COMPLAINT
13 DAVID A. DURAN; WELLS FARGO
BANK, N.A.; ALL PERSONS UNKNOWN,
14 CLAIMING ANY LEGAL OR EQUITABLE
RIGHT, TITLE, ESTATE, LIEN, OR Complaint Filed: March 22, 2024
15 INTEREST IN THE PROPERTY
DESCRIBED IN THE COMPLAINT
16 ADVERSE TO PLAINTIFF’S TITLE, OR
ANY CLOUD ON PLAINTIFF’S TITLE
17 THERETO; and DOES 1 to 5, inclusive,
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Defendants.
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21 Defendant WELLS FARGO BANK, N.A. (“Wells Fargo” or “Defendant”), in answering
22 the Complaint for Partition of Real Property (“Complaint”) filed by plaintiff ROSALINA
23 DURAN (“Plaintiff”), responds to the allegations therein and states affirmative defenses as
24 follows:
25 GENERAL ALLEGATIONS
26 1. In answering paragraph 1, Wells Fargo lacks sufficient information and belief as
27 to the allegations set forth in this paragraph, and on that basis denies them.
28 2. In answering paragraph 2, Wells Fargo lacks sufficient information and belief as
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VERIFIED ANSWER TO COMPLAINT
1 to the allegations set forth in this paragraph, and on that basis denies them.
2 3. In answering paragraph 3, Wells Fargo admits only that it holds a secured
3 interests in each of the two parcels of real property that are the subject of the Complaint
4 (“Subject Properties”). Defendant lacks sufficient information or belief to admit or deny the
5 remaining allegations in this Paragraph, and on that basis, denies each and every one of them.
6 4. In answering paragraph 4, Wells Fargo lacks sufficient information and belief as
7 to the allegations set forth in this paragraph, and on that basis denies them.
8 JURISDICTION AND VENUE
9 5. In answering paragraph 5, Wells Fargo lacks sufficient information and belief as
10 to the allegations set forth in this paragraph, and on that basis denies them.
11 6. In answering paragraph 6, Wells Fargo admits only that the Subject Properties are
12 located in the County of Monterey, State of California. Defendant lacks sufficient information or
13 belief to admit or deny the remaining allegations in this Paragraph, and on that basis, denies each
14 and every one of them.
15 STATEMENT OF FACTS
16 7. In answering paragraph 7, Wells Fargo lacks sufficient information and belief as
17 to the allegations set forth in this paragraph, and on that basis denies them.
18 8. In answering paragraph 8, Wells Fargo lacks sufficient information and belief as
19 to the allegations set forth in this paragraph, and on that basis denies them.
20 9. In answering paragraph 9, Wells Fargo lacks sufficient information and belief as
21 to the allegations set forth in this paragraph, and on that basis denies them.
22 10. In answering paragraph 10, Wells Fargo admits only that one of the Subject
23 Properties is located in the City of Salinas, State of California. Defendant lacks sufficient
24 information or belief to admit or deny the remaining allegations in this Paragraph, and on that
25 basis, denies each and every one of them.
26 11. In answering paragraph 11, Wells Fargo admits only that one of the Subject
27 Properties is located at 110 W Rossi Street, #6, Salinas, CA 93901, with APN 003-152-006-000
28 (the “Rossi Street Property”). Defendant lacks sufficient information or belief to admit or deny
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VERIFIED ANSWER TO COMPLAINT
1 the remaining allegations in this Paragraph, and on that basis, denies each and every one of them.
2 12. In answering paragraph 12, Wells Fargo admits only that Plaintiff borrowed a
3 principal amount of $199,820.00, from Wells Fargo, (the “First Loan”); the First Loan was
4 memorialized by a promissory note and secured by a deed of trust on the Rossi Street Property.
5 Defendant lacks sufficient information or belief to admit or deny the remaining allegations in this
6 Paragraph, and on that basis, denies each and every one of them.
7 13. In answering paragraph 13, Wells Fargo admits only that the Rossi Street
8 Property is located in the City of Salinas, State of California. Defendant lacks sufficient
9 information or belief to admit or deny the remaining allegations in this Paragraph, and on that
10 basis, denies each and every one of them
11 14. In answering paragraph 14, Wells Fargo lacks sufficient information and belief as
12 to the allegations set forth in this paragraph, and on that basis denies them.
13 15. In answering paragraph 15, Wells Fargo lacks sufficient information and belief as
14 to the allegations set forth in this paragraph, and on that basis denies them.
15 16. In answering paragraph 16, Wells Fargo lacks sufficient information and belief as
16 to the allegations set forth in this paragraph, and on that basis denies them.
17 17. In answering paragraph 17, Wells Fargo lacks sufficient information and belief as
18 to the allegations set forth in this paragraph, and on that basis denies them.
19 18. In answering paragraph 18, Wells Fargo admits only that one of the Subject
20 Properties is located at 2366 N Main Steet, Salinas, CA 93906, with APN 253311047000 (the
21 “Main Street Property”). Defendant lacks sufficient information or belief to admit or deny the
22 remaining allegations in this Paragraph, and on that basis, denies each and every one of them.
23 19. In answering paragraph 19, Wells Fargo admits only that Plaintiff borrowed a
24 principal amount of $171,000.00, from Wells Fargo, (the “Second Loan”); the Second Loan was
25 memorialized by a promissory note and secured by a deed of trust on the Main Street Property.
26 Defendant lacks sufficient information or belief to admit or deny the remaining allegations in this
27 Paragraph, and on that basis, denies each and every one of them.
28 20. In answering paragraph 20, Wells Fargo lacks sufficient information and belief as
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VERIFIED ANSWER TO COMPLAINT
1 to the allegations set forth in this paragraph, and on that basis denies them.
2 21. In answering paragraph 21, Wells Fargo lacks sufficient information and belief as
3 to the allegations set forth in this paragraph, and on that basis denies them.
4 22. In answering paragraph 22, Wells Fargo lacks sufficient information and belief as
5 to the allegations set forth in this paragraph, and on that basis denies them.
6 23. In answering paragraph 23, Wells Fargo lacks sufficient information and belief as
7 to the allegations set forth in this paragraph, and on that basis denies them.
8 24. In answering paragraph 24, Wells Fargo lacks sufficient information and belief as
9 to the allegations set forth in this paragraph, and on that basis denies them.
10 25. In answering paragraph 25, Wells Fargo lacks sufficient information and belief as
11 to the allegations set forth in this paragraph, and on that basis denies them.
12 26. In answering paragraph 26, Wells Fargo lacks sufficient information and belief as
13 to the allegations set forth in this paragraph, and on that basis denies them.
14 27. In answering paragraph 27, Wells Fargo lacks sufficient information and belief as
15 to the allegations set forth in this paragraph, and on that basis denies them.
16 28. In answering paragraph 28, Wells Fargo lacks sufficient information and belief as
17 to the allegations set forth in this paragraph, and on that basis denies them.
18 29. In answering paragraph 29, Wells Fargo lacks sufficient information and belief as
19 to the allegations set forth in this paragraph, and on that basis denies them.
20 30. In answering paragraph 30, Wells Fargo lacks sufficient information and belief as
21 to the allegations set forth in this paragraph, and on that basis denies them.
22 31. In answering paragraph 31, Wells Fargo admits only that the Subject Properties
23 are located in the City of Salinas, State of California. Defendant lacks sufficient information or
24 belief to admit or deny the remaining allegations in this Paragraph, and on that basis, denies each
25 and every one of them.
26 32. In answering paragraph 32, Wells Fargo lacks sufficient information and belief as
27 to the allegations set forth in this paragraph, and on that basis denies them.
28 33. In answering paragraph 33, Wells Fargo lacks sufficient information and belief as
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VERIFIED ANSWER TO COMPLAINT
1 to the allegations set forth in this paragraph, and on that basis denies them.
2 34. In answering paragraph 34, Wells Fargo lacks sufficient information and belief as
3 to the allegations set forth in this paragraph, and on that basis denies them.
4 35. In answering paragraph 35, Wells Fargo lacks sufficient information and belief as
5 to the allegations set forth in this paragraph, and on that basis denies them.
6 36. In answering paragraph 36, Wells Fargo lacks sufficient information and belief as
7 to the allegations set forth in this paragraph, and on that basis denies them.
8 37. In answering paragraph 37, Wells Fargo lacks sufficient information and belief as
9 to the allegations set forth in this paragraph, and on that basis denies them.
10 38. In answering paragraph 38, Wells Fargo lacks sufficient information and belief as
11 to the allegations set forth in this paragraph, and on that basis denies them.
12 39. In answering paragraph 39, Wells Fargo lacks sufficient information and belief as
13 to the allegations set forth in this paragraph, and on that basis denies them.
14 40. In answering paragraph 40, Wells Fargo lacks sufficient information and belief as
15 to the allegations set forth in this paragraph, and on that basis denies them.
16 41. In answering paragraph 41, Wells Fargo lacks sufficient information and belief as
17 to the allegations set forth in this paragraph, and on that basis denies them.
18 42. In answering paragraph 42, Wells Fargo lacks sufficient information and belief as
19 to the allegations set forth in this paragraph, and on that basis denies them.
20 43. In answering paragraph 43, Wells Fargo lacks sufficient information and belief as
21 to the allegations set forth in this paragraph, and on that basis denies them.
22 44. In answering paragraph 44, Wells Fargo lacks sufficient information and belief as
23 to the allegations set forth in this paragraph, and on that basis denies them.
24 45. In answering paragraph 45, Wells Fargo lacks sufficient information and belief as
25 to the allegations set forth in this paragraph, and on that basis denies them.
26 46. In answering paragraph 46, Wells Fargo lacks sufficient information and belief as
27 to the allegations set forth in this paragraph, and on that basis denies them.
28 47. In answering paragraph 47, Wells Fargo lacks sufficient information and belief as
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VERIFIED ANSWER TO COMPLAINT
1 to the allegations set forth in this paragraph, and on that basis denies them.
2 48. In answering paragraph 48, Wells Fargo lacks sufficient information and belief as
3 to the allegations set forth in this paragraph, and on that basis denies them.
4 49. In answering paragraph 49, Wells Fargo lacks sufficient information and belief as
5 to the allegations set forth in this paragraph, and on that basis denies them.
6 50. In answering paragraph 50, Wells Fargo lacks sufficient information and belief as
7 to the allegations set forth in this paragraph, and on that basis denies them.
8 FIRST CAUSE OF ACTION
9 (Declaratory Relief)
10 51. In answering paragraph 51, Wells Fargo incorporates and realleges each of its
11 responses in the paragraphs above as though fully set forth herein.
12 52. In answering paragraph 52, Wells Fargo lacks sufficient information and belief as
13 to the allegations set forth in this paragraph, and on that basis denies them.
14 53. In answering paragraph 53, Wells Fargo lacks sufficient information and belief as
15 to the allegations set forth in this paragraph, and on that basis denies them.
16 54. In answering paragraph 54, Wells Fargo lacks sufficient information and belief as
17 to the allegations set forth in this paragraph, and on that basis denies them.
18 55. In answering paragraph 55, Wells Fargo lacks sufficient information and belief as
19 to the allegations set forth in this paragraph, and on that basis denies them.
20 56. In answering paragraph 56, Wells Fargo lacks sufficient information and belief as
21 to the allegations set forth in this paragraph, and on that basis denies them.
22 SECOND CAUSE OF ACTION
23 (Resulting Trust)
24 57. In answering paragraph 57, Wells Fargo incorporates and realleges each of its
25 responses in the paragraphs above as though fully set forth herein.
26 58. In answering paragraph 58, Wells Fargo lacks sufficient information and belief as
27 to the allegations set forth in this paragraph, and on that basis denies them.
28 59. In answering paragraph 59, Wells Fargo lacks sufficient information and belief as
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VERIFIED ANSWER TO COMPLAINT
1 to the allegations set forth in this paragraph, and on that basis denies them.
2 60. In answering paragraph 60, Wells Fargo lacks sufficient information and belief as
3 to the allegations set forth in this paragraph, and on that basis denies them.
4 61. In answering paragraph 61, Wells Fargo lacks sufficient information and belief as
5 to the allegations set forth in this paragraph, and on that basis denies them.
6 62. In answering paragraph 62, Wells Fargo lacks sufficient information and belief as
7 to the allegations set forth in this paragraph, and on that basis denies them.
8 THIRD CAUSE OF ACTION
9 (Constructive Trust)
10 63. In answering paragraph 63, Wells Fargo incorporates and realleges each of its
11 responses in the paragraphs above as though fully set forth herein.
12 64. In answering paragraph 64, Wells Fargo lacks sufficient information and belief as
13 to the allegations set forth in this paragraph, and on that basis denies them.
14 65. In answering paragraph 65, Wells Fargo lacks sufficient information and belief as
15 to the allegations set forth in this paragraph, and on that basis denies them.
16 66. In answering paragraph 66, Wells Fargo lacks sufficient information and belief as
17 to the allegations set forth in this paragraph, and on that basis denies them.
18 67. In answering paragraph 67, Wells Fargo lacks sufficient information and belief as
19 to the allegations set forth in this paragraph, and on that basis denies them.
20 68. In answering paragraph 68, Wells Fargo lacks sufficient information and belief as
21 to the allegations set forth in this paragraph, and on that basis denies them.
22 69. In answering paragraph 69, Wells Fargo lacks sufficient information and belief as
23 to the allegations set forth in this paragraph, and on that basis denies them.
24 FOURTH CAUSE OF ACTION
25 (Quiet Title)
26 70. In answering paragraph 70, Wells Fargo incorporates and realleges each of its
27 responses in the paragraphs above as though fully set forth herein.
28 71. In answering paragraph 71, Wells Fargo lacks sufficient information and belief as
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VERIFIED ANSWER TO COMPLAINT
1 to the allegations set forth in this paragraph, and on that basis denies them.
2 72. In answering paragraph 72, Wells Fargo lacks sufficient information and belief as
3 to the allegations set forth in this paragraph, and on that basis denies them.
4 73. In answering paragraph 73, Wells Fargo lacks sufficient information and belief as
5 to the allegations set forth in this paragraph, and on that basis denies them.
6 74. In answering paragraph 74, Wells Fargo lacks sufficient information and belief as
7 to the allegations set forth in this paragraph, and on that basis denies them.
8 75. In answering paragraph 75, Wells Fargo lacks sufficient information and belief as
9 to the allegations set forth in this paragraph, and on that basis denies them.
10 FIFTH CAUSE OF ACTION
11 (Breach of Fiduciary Duty)
12 76. In answering paragraph 76, Wells Fargo incorporates and realleges each of its
13 responses in the paragraphs above as though fully set forth herein.
14 77. In answering paragraph 77, Wells Fargo lacks sufficient information and belief as
15 to the allegations set forth in this paragraph, and on that basis denies them.
16 78. In answering paragraph 78, Wells Fargo lacks sufficient information and belief as
17 to the allegations set forth in this paragraph, and on that basis denies them.
18 79. In answering paragraph 79, Wells Fargo lacks sufficient information and belief as
19 to the allegations set forth in this paragraph, and on that basis denies them.
20 80. In answering paragraph 80, Wells Fargo lacks sufficient information and belief as
21 to the allegations set forth in this paragraph, and on that basis denies them.
22 81. In answering paragraph 81, Wells Fargo lacks sufficient information and belief as
23 to the allegations set forth in this paragraph, and on that basis denies them.
24 82. In answering paragraph 82, Wells Fargo lacks sufficient information and belief as
25 to the allegations set forth in this paragraph, and on that basis denies them.
26 83. In answering paragraph 83, Wells Fargo lacks sufficient information and belief as
27 to the allegations set forth in this paragraph, and on that basis denies them.
28 84. In answering paragraph 84, Wells Fargo lacks sufficient information and belief as
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VERIFIED ANSWER TO COMPLAINT
1 to the allegations set forth in this paragraph, and on that basis denies them.
2 85. In answering paragraph 85, Wells Fargo lacks sufficient information and belief as
3 to the allegations set forth in this paragraph, and on that basis denies them.
4 86. In answering paragraph 86, Wells Fargo lacks sufficient information and belief as
5 to the allegations set forth in this paragraph, and on that basis denies them.
6 87. In answering paragraph 87, Wells Fargo lacks sufficient information and belief as
7 to the allegations set forth in this paragraph, and on that basis denies them.
8 SIXTH CAUSE OF ACTION
9 (Partition)
10 88. In answering paragraph 88, Wells Fargo incorporates and realleges each of its
11 responses in the paragraphs above as though fully set forth herein.
12 89. In answering paragraph 89, Wells Fargo lacks sufficient information and belief as
13 to the allegations set forth in this paragraph, and on that basis denies them.
14 90. In answering paragraph 90, Wells Fargo lacks sufficient information and belief as
15 to the allegations set forth in this paragraph, and on that basis denies them.
16 91. In answering paragraph 91, Wells Fargo lacks sufficient information and belief as
17 to the allegations set forth in this paragraph, and on that basis denies them.
18 92. In answering paragraph 92, Wells Fargo lacks sufficient information and belief as
19 to the allegations set forth in this paragraph, and on that basis denies them.
20 93. In answering paragraph 93, Wells Fargo lacks sufficient information and belief as
21 to the allegations set forth in this paragraph, and on that basis denies them.
22 AFFIRMATIVE DEFENSES
23 As separate, distinct and affirmative defenses to the claims in the Complaint Wells Fargo
24 alleges as follows:
25 First Affirmative Defense
26 (Failure to State a Cause of Action)
27 As a first, separate and affirmative defense, Wells Fargo alleges that theComplaint, and
28 each of the causes of action pleaded therein, fail to state facts sufficient to constitute any cause of
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1 action against Wells Fargo.
2 Second Affirmative Defense
3 (Acts of Third Parties)
4 As a second, separate and affirmative defense, the injuries and damages alleged therein
5 were either wholly or in part proximately caused by the acts at fault of persons, firms,
6 corporations, or entities other than Wells Fargo.
7 Third Affirmative Defense
8 (Compliance)
9 As a third, separate and affirmative defense, Wells Fargo alleges that, Wells Fargo
10 engaged in actions or inactions in total compliance with federal and California state law.
11 Fourth Affirmative Defense
12 (No Duty)
13 As a fourth, separate and affirmative defense, Wells Fargo alleges that it owed no duty to
14 Plaintiff.
15 Fifth Affirmative Defense
16 (No Causation)
17 As a fifth, separate and affirmative defense, there was no causal relationship, in fact or in
18 law, between Wells Fargo’s acts or omissions alleged in the Complaint and the damages alleges
19 therein by Plaintiff.
20 Sixth Affirmative Defense
21 (Proximate Cause)
22 As a sixth, separate and affirmative defense, Wells Fargo alleges that even if Wells Fargo
23 acted or failed to act as alleged in the Complaint (which Wells Fargo denies and makes such
24 assumption only for the purpose of this defense), such acts or failures to act are not the proximate
25 cause of any damages alleged in the Complaint.
26 Seventh Affirmative Defense
27 (Indemnity)
28 As a seventh separate and affirmative defense, Wells Fargo alleges that in the event
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VERIFIED ANSWER TO COMPLAINT
1 Plaintiffs should be awarded judgment that impairs Wells Fargo’s lien interest in any manner or
2 any amount by virtue of the Complaint, Wells Fargo is entitled to indemnity for such amounts
3 from those parties, including those who are presently unknown or unidentified, who were
4 primarily responsible for such damages.
5 Eighth Affirmative Defense
6 (Independent Intervening Cause)
7 As an eighth separate and affirmative defense, Wells Fargo alleges that any damages
8 sustained by Plaintiff (which Wells Fargo denies and makes such assumption only for the
9 purpose of this defense) were caused by the actions and/or omissions of someone other than
10 Wells Fargo, over whom Wells Fargo had no control.
11 Ninth Affirmative Defense
12 (Contribution)
13 As a ninth, separate and affirmative defense, Wells Fargo alleges that it has a right to
14 contribution from the other unnamed Defendants including, but not limited to, equitable
15 contribution, express contractual contribution, implied contractual contribution, and contribution
16 by operation of law.
17 Tenth Affirmative Defense
18 (Comparative Fault of Third Parties)
19 As a tenth, separate and affirmative defense, Wells Fargo alleges that, to the extent
20 Plaintiff was damaged, as pled in the Complaint, Plaintiff's damages were proximately caused by
21 the negligence, carelessness or intentional misconduct of third parties, and any damages should
22 be totally barred or reduced by the comparative fault of third parties.
23 Eleventh Affirmative Defense
24 (Privilege Including Civ. Code §47)
25 As an eleventh, separate and affirmative defense, Wells Fargo alleges that if Wells Fargo
26 engaged in the conduct alleged in the Complaint (which Wells Fargo denies and makes such
27 assumption only for the purposes of this defense), the acts were privileged by Civil Code section
28 47, subd. (c) including other theories of privilege.
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VERIFIED ANSWER TO COMPLAINT
1 Twelfth Affirmative Defense
2 (Acts and/or Omissions of Plaintiff; Lack of Due Diligence)
3 As a twelfth, separate and affirmative defense, Wells Fargo alleges that any and all events
4 and happenings, injuries, loss, damage and expenditures referred to in the Complaint were
5 directly and proximately caused and contributed to by acts and/or omissions of Plaintiff
6 including, inter alia, lack of due diligence, and investigation by Plaintiff.
7 Thirteenth Affirmative Defense
8 (One Who Seeks Equity Must Do Equity)
9 As a thirteenth, separate and affirmative defense, Wells Fargo alleges that Plaintiff have
10 come to this Court seeking an equitable remedy, but Plaintiff should not be granted equitable
11 relief because it is not prepared to give equity to the adverse parties in this case.
12 Fourteenth Affirmative Defense
13 (Apportionment)
14 As a fourteenth, separate and affirmative defense, Wells Fargo alleges that if it should be
15 found that Wells Fargo is in any manner legally responsible for the injuries or damages sustained
16 by Plaintiff, if any, which supposition is not admitted but merely stated for the purpose of this
17 affirmative defense, it should be found that any injuries and/or damages determined to have been
18 incurred or suffered by Plaintiff in this action were proximately caused or contributed to by other
19 Defendants in this case, whether served or not served, and/or proximately caused or contributed
20 to by other persons or entities not parties to this action. Accordingly, Wells Fargo is entitled to a
21 finding that the negligence and/or fault and/or unreasonable conduct of each of the aforesaid
22 persons and/or entities, whether parties to this action or not, shall be determined, apportioned and
23 pro-rated, and that any judgment which is rendered against Wells Fargo shall be reduced not only
24 by the degree of comparative negligence of Plaintiff, but also shall be reduced by the percentage
25 of negligence and/or fault and/or unreasonable conduct attributed to the aforesaid other
26 Defendants and/or third persons or entities, whether parties to this action or not.
27 ///
28 ///
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VERIFIED ANSWER TO COMPLAINT
1 Fifteenth Affirmative Defense
2 (No Violation of Statute)
3 As a fifteenth, separate and affirmative defense, Wells Fargo alleges that at no time
4 mentioned in the Complaint did Wells Fargo violate any statute or regulation under the laws of
5 the State of California or the United States of America.
6 Sixteenth Affirmative Defense
7 (Laches)
8 As a sixteenth, separate and affirmative defense, Wells Fargo alleges that Plaintiff waited
9 an unreasonable period of time before asserting its claims, if any, against Wells Fargo, and is
10 barred from asserting such claims under the doctrine of laches.
11 Seventeenth Affirmative Defense
12 (No Warranty)
13 As a seventeenth, separate and affirmative defense, Wells Fargo alleges that it made no
14 warranty, express or implied, to Plaintiff.
15 Eighteenth Affirmative Defense
16 (Bona Fide Error)
17 As an eighteenth, separate and affirmative defense, Wells Fargo alleges that any alleged
18 violation (which Wells Fargo denies and makes such assumptions only for purpose of this
19 defense), was not intentional and resulted from a bona fide error notwithstanding the
20 maintenance of procedures reasonably adapted to avoid any such error.
21 Nineteenth Affirmative Defense
22 (Adequacy of Remedy at Law)
23 As a nineteenth, separate and affirmative defense, Wells Fargo alleges that any alleged
24 injury or damages sustained by Plaintiff (which Wells Fargo denies and makes such assumptions
25 only for purpose of this defense), would be adequately compensated by damages. Accordingly,
26 Plaintiff has a complete and adequate remedy at law and is not entitled to seek equitable relief.
27 ///
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VERIFIED ANSWER TO COMPLAINT
1 Twentieth Affirmative Defense
2 (Bona Fide Lien)
3 As a twentieth, separate and affirmative defense, Wells Fargo contends that its security
4 interest encumbering the subject property is a bona fide lien, given for value. Wells Fargo further
5 contends that amounts remain due and owing on account of its security interest.
6 Twenty-First Affirmative Defense
7 (Unstated Defenses)
8 As to the allegations of the Complaint, and the cause of action alleged therein, Wells
9 Fargo presently have insufficient knowledge and information on which to form a belief as to
10 whether additional, as yet unstated affirmative defense may exist. Wells Fargo therefore reserves
11 its right to assert additional affirmative defenses in the event that discovery indicated that such
12 defense would be appropriate.
13 WHEREFORE, Wells Fargo prays for judgment as follows:
14 1. That Plaintiff take nothing from Wells Fargo by way of the Complaint;
15 2. That Wells Fargo be awarded fees and costs of suit; and
16 3. For such other and further relief as the Court deems necessary and proper.
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Dated: April 24, 2024 MCCALLA RAYMER LEIBERT PIERCE, LLP
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20 By: ________________________________
NABEEL M. ZUBERI
21 PRESTON N.K. AMUNDSON
Attorneys for Defendant,
22 WELLS FARGO BANK, N.A.
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VERIFIED ANSWER TO COMPLAINT
1 VERIFICATION
2 I am an attorney at law admitted to practice before all courts of the State of California and
3 am an attorney at the law firm of McCalla Raymer Leibert Pierce LLP (“MRLP”), counsel for
4 WELLS FARGO BANK, N.A. (“Wells Fargo” or “Defendant”). MRLP’s sole California office
5 is located in Long Beach, California, Los Angeles County. Wells Fargo was unable to make the
6 verification because it is absent from Los Angeles County, and for that reason I make this
7 verification for and on behalf of Wells Fargo. I have read the foregoing Answer and know its
8 contents. I am informed and believe, and on that ground allege that the facts stated in the
9 Answer are true, and I believe the matters alleged on information and belief to be true.
10 I declare under penalty of perjury under the laws of the State of California that the foregoing
11 is true and correct.
12 Executed on this 24th day of April 2024 at Long Beach, California
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14 _____________________________
PRESTON N.K. AMUNDSON—DECLARANT
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VERIFIED ANSWER TO COMPLAINT
1 PROOF OF SERVICE
I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a
2 party to the within action; my business address is 301 E. Ocean Blvd., #1720, Long Beach, California 90802.
On April 24, 2024, I served the foregoing documents: VERIFIED ANSWER OF DEFENDANT
3 WELLS FARGO BANK, N.A. TO PLAINTIFF’S COMPLAINT to the following interested parties:
4 RENEE GLOVER CHANTLER,
CHANTLERLAW LLP
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1900 SOUTH NORFOLK STREET, SUITE 350,
SAN MATEO, CA 94403
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In the following manner:
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[X] (BY U.S. MAIL) I placed a true and correct copy of said document in a sealed envelope with
9 postage thereon fully prepaid, to be deposited in the U.S. Mail at Long Beach, California. I am
“readily familiar” with my firm’s practice of collection and processing correspondence for
10 mailing. It is deposited with U.S. postal service on the same day in the ordinary course of
business. I am aware that on motion of party served, service is presumed invalid if postal
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cancellation date or postage meter date is more than 1 day after date of deposit for mailing in
12 affidavit.
13 [] (BY ELECTRONIC MEANS) to electronic mail address ()
14 [X] (STATE) I declare under penalty of perjury under the laws of the State of California that the
above is true and correct.
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Executed on April 24, 2024, at Long Beach, California.
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18 _______________________
19 Samuel P. Davis
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PROOF OF SERVICE
Preview
Nabeel M. Zuberi, (SBN 294600) 1 Preston N.K. Amundson, (SBN 351060) McCALLA RAYMER LEIBERT PIERCE, LLP 2 301 E. Ocean Boulevard, Suite 1720 Long Beach, California 90802 3 Telephone: (562) 983-5378 Email: Nabeel.Zuberi@McCalla.com 4 Preston.Amundson@McCalla.com MRLP File No. 24-07857CA 5 Attorneys for Defendant, 6 WELLS FARGO BANK, N.A. 7 SUPERIOR COURT OF THE STATE OF CALIFORNIA 8 FOR THE COUNTY OF MONTEREY 9 10 ROSALINA DURAN, Case No.: 24CV001164 11 Plaintiff, VERIFIED ANSWER OF DEFENDANT 12 v. WELLS FARGO BANK, N.A. TO PLAINTIFF’S COMPLAINT 13 DAVID A. DURAN; WELLS FARGO BANK, N.A.; ALL PERSONS UNKNOWN, 14 CLAIMING ANY LEGAL OR EQUITABLE RIGHT, TITLE, ESTATE, LIEN, OR Complaint Filed: March 22, 2024 15 INTEREST IN THE PROPERTY DESCRIBED IN THE COMPLAINT 16 ADVERSE TO PLAINTIFF’S TITLE, OR ANY CLOUD ON PLAINTIFF’S TITLE 17 THERETO; and DOES 1 to 5, inclusive, 18 Defendants. 19 20 21 Defendant WELLS FARGO BANK, N.A. (“Wells Fargo” or “Defendant”), in answering 22 the Complaint for Partition of Real Property (“Complaint”) filed by plaintiff ROSALINA 23 DURAN (“Plaintiff”), responds to the allegations therein and states affirmative defenses as 24 follows: 25 GENERAL ALLEGATIONS 26 1. In answering paragraph 1, Wells Fargo lacks sufficient information and belief as 27 to the allegations set forth in this paragraph, and on that basis denies them. 28 2. In answering paragraph 2, Wells Fargo lacks sufficient information and belief as -1- VERIFIED ANSWER TO COMPLAINT 1 to the allegations set forth in this paragraph, and on that basis denies them. 2 3. In answering paragraph 3, Wells Fargo admits only that it holds a secured 3 interests in each of the two parcels of real property that are the subject of the Complaint 4 (“Subject Properties”). Defendant lacks sufficient information or belief to admit or deny the 5 remaining allegations in this Paragraph, and on that basis, denies each and every one of them. 6 4. In answering paragraph 4, Wells Fargo lacks sufficient information and belief as 7 to the allegations set forth in this paragraph, and on that basis denies them. 8 JURISDICTION AND VENUE 9 5. In answering paragraph 5, Wells Fargo lacks sufficient information and belief as 10 to the allegations set forth in this paragraph, and on that basis denies them. 11 6. In answering paragraph 6, Wells Fargo admits only that the Subject Properties are 12 located in the County of Monterey, State of California. Defendant lacks sufficient information or 13 belief to admit or deny the remaining allegations in this Paragraph, and on that basis, denies each 14 and every one of them. 15 STATEMENT OF FACTS 16 7. In answering paragraph 7, Wells Fargo lacks sufficient information and belief as 17 to the allegations set forth in this paragraph, and on that basis denies them. 18 8. In answering paragraph 8, Wells Fargo lacks sufficient information and belief as 19 to the allegations set forth in this paragraph, and on that basis denies them. 20 9. In answering paragraph 9, Wells Fargo lacks sufficient information and belief as 21 to the allegations set forth in this paragraph, and on that basis denies them. 22 10. In answering paragraph 10, Wells Fargo admits only that one of the Subject 23 Properties is located in the City of Salinas, State of California. Defendant lacks sufficient 24 information or belief to admit or deny the remaining allegations in this Paragraph, and on that 25 basis, denies each and every one of them. 26 11. In answering paragraph 11, Wells Fargo admits only that one of the Subject 27 Properties is located at 110 W Rossi Street, #6, Salinas, CA 93901, with APN 003-152-006-000 28 (the “Rossi Street Property”). Defendant lacks sufficient information or belief to admit or deny -2- VERIFIED ANSWER TO COMPLAINT 1 the remaining allegations in this Paragraph, and on that basis, denies each and every one of them. 2 12. In answering paragraph 12, Wells Fargo admits only that Plaintiff borrowed a 3 principal amount of $199,820.00, from Wells Fargo, (the “First Loan”); the First Loan was 4 memorialized by a promissory note and secured by a deed of trust on the Rossi Street Property. 5 Defendant lacks sufficient information or belief to admit or deny the remaining allegations in this 6 Paragraph, and on that basis, denies each and every one of them. 7 13. In answering paragraph 13, Wells Fargo admits only that the Rossi Street 8 Property is located in the City of Salinas, State of California. Defendant lacks sufficient 9 information or belief to admit or deny the remaining allegations in this Paragraph, and on that 10 basis, denies each and every one of them 11 14. In answering paragraph 14, Wells Fargo lacks sufficient information and belief as 12 to the allegations set forth in this paragraph, and on that basis denies them. 13 15. In answering paragraph 15, Wells Fargo lacks sufficient information and belief as 14 to the allegations set forth in this paragraph, and on that basis denies them. 15 16. In answering paragraph 16, Wells Fargo lacks sufficient information and belief as 16 to the allegations set forth in this paragraph, and on that basis denies them. 17 17. In answering paragraph 17, Wells Fargo lacks sufficient information and belief as 18 to the allegations set forth in this paragraph, and on that basis denies them. 19 18. In answering paragraph 18, Wells Fargo admits only that one of the Subject 20 Properties is located at 2366 N Main Steet, Salinas, CA 93906, with APN 253311047000 (the 21 “Main Street Property”). Defendant lacks sufficient information or belief to admit or deny the 22 remaining allegations in this Paragraph, and on that basis, denies each and every one of them. 23 19. In answering paragraph 19, Wells Fargo admits only that Plaintiff borrowed a 24 principal amount of $171,000.00, from Wells Fargo, (the “Second Loan”); the Second Loan was 25 memorialized by a promissory note and secured by a deed of trust on the Main Street Property. 26 Defendant lacks sufficient information or belief to admit or deny the remaining allegations in this 27 Paragraph, and on that basis, denies each and every one of them. 28 20. In answering paragraph 20, Wells Fargo lacks sufficient information and belief as -3- VERIFIED ANSWER TO COMPLAINT 1 to the allegations set forth in this paragraph, and on that basis denies them. 2 21. In answering paragraph 21, Wells Fargo lacks sufficient information and belief as 3 to the allegations set forth in this paragraph, and on that basis denies them. 4 22. In answering paragraph 22, Wells Fargo lacks sufficient information and belief as 5 to the allegations set forth in this paragraph, and on that basis denies them. 6 23. In answering paragraph 23, Wells Fargo lacks sufficient information and belief as 7 to the allegations set forth in this paragraph, and on that basis denies them. 8 24. In answering paragraph 24, Wells Fargo lacks sufficient information and belief as 9 to the allegations set forth in this paragraph, and on that basis denies them. 10 25. In answering paragraph 25, Wells Fargo lacks sufficient information and belief as 11 to the allegations set forth in this paragraph, and on that basis denies them. 12 26. In answering paragraph 26, Wells Fargo lacks sufficient information and belief as 13 to the allegations set forth in this paragraph, and on that basis denies them. 14 27. In answering paragraph 27, Wells Fargo lacks sufficient information and belief as 15 to the allegations set forth in this paragraph, and on that basis denies them. 16 28. In answering paragraph 28, Wells Fargo lacks sufficient information and belief as 17 to the allegations set forth in this paragraph, and on that basis denies them. 18 29. In answering paragraph 29, Wells Fargo lacks sufficient information and belief as 19 to the allegations set forth in this paragraph, and on that basis denies them. 20 30. In answering paragraph 30, Wells Fargo lacks sufficient information and belief as 21 to the allegations set forth in this paragraph, and on that basis denies them. 22 31. In answering paragraph 31, Wells Fargo admits only that the Subject Properties 23 are located in the City of Salinas, State of California. Defendant lacks sufficient information or 24 belief to admit or deny the remaining allegations in this Paragraph, and on that basis, denies each 25 and every one of them. 26 32. In answering paragraph 32, Wells Fargo lacks sufficient information and belief as 27 to the allegations set forth in this paragraph, and on that basis denies them. 28 33. In answering paragraph 33, Wells Fargo lacks sufficient information and belief as -4- VERIFIED ANSWER TO COMPLAINT 1 to the allegations set forth in this paragraph, and on that basis denies them. 2 34. In answering paragraph 34, Wells Fargo lacks sufficient information and belief as 3 to the allegations set forth in this paragraph, and on that basis denies them. 4 35. In answering paragraph 35, Wells Fargo lacks sufficient information and belief as 5 to the allegations set forth in this paragraph, and on that basis denies them. 6 36. In answering paragraph 36, Wells Fargo lacks sufficient information and belief as 7 to the allegations set forth in this paragraph, and on that basis denies them. 8 37. In answering paragraph 37, Wells Fargo lacks sufficient information and belief as 9 to the allegations set forth in this paragraph, and on that basis denies them. 10 38. In answering paragraph 38, Wells Fargo lacks sufficient information and belief as 11 to the allegations set forth in this paragraph, and on that basis denies them. 12 39. In answering paragraph 39, Wells Fargo lacks sufficient information and belief as 13 to the allegations set forth in this paragraph, and on that basis denies them. 14 40. In answering paragraph 40, Wells Fargo lacks sufficient information and belief as 15 to the allegations set forth in this paragraph, and on that basis denies them. 16 41. In answering paragraph 41, Wells Fargo lacks sufficient information and belief as 17 to the allegations set forth in this paragraph, and on that basis denies them. 18 42. In answering paragraph 42, Wells Fargo lacks sufficient information and belief as 19 to the allegations set forth in this paragraph, and on that basis denies them. 20 43. In answering paragraph 43, Wells Fargo lacks sufficient information and belief as 21 to the allegations set forth in this paragraph, and on that basis denies them. 22 44. In answering paragraph 44, Wells Fargo lacks sufficient information and belief as 23 to the allegations set forth in this paragraph, and on that basis denies them. 24 45. In answering paragraph 45, Wells Fargo lacks sufficient information and belief as 25 to the allegations set forth in this paragraph, and on that basis denies them. 26 46. In answering paragraph 46, Wells Fargo lacks sufficient information and belief as 27 to the allegations set forth in this paragraph, and on that basis denies them. 28 47. In answering paragraph 47, Wells Fargo lacks sufficient information and belief as -5- VERIFIED ANSWER TO COMPLAINT 1 to the allegations set forth in this paragraph, and on that basis denies them. 2 48. In answering paragraph 48, Wells Fargo lacks sufficient information and belief as 3 to the allegations set forth in this paragraph, and on that basis denies them. 4 49. In answering paragraph 49, Wells Fargo lacks sufficient information and belief as 5 to the allegations set forth in this paragraph, and on that basis denies them. 6 50. In answering paragraph 50, Wells Fargo lacks sufficient information and belief as 7 to the allegations set forth in this paragraph, and on that basis denies them. 8 FIRST CAUSE OF ACTION 9 (Declaratory Relief) 10 51. In answering paragraph 51, Wells Fargo incorporates and realleges each of its 11 responses in the paragraphs above as though fully set forth herein. 12 52. In answering paragraph 52, Wells Fargo lacks sufficient information and belief as 13 to the allegations set forth in this paragraph, and on that basis denies them. 14 53. In answering paragraph 53, Wells Fargo lacks sufficient information and belief as 15 to the allegations set forth in this paragraph, and on that basis denies them. 16 54. In answering paragraph 54, Wells Fargo lacks sufficient information and belief as 17 to the allegations set forth in this paragraph, and on that basis denies them. 18 55. In answering paragraph 55, Wells Fargo lacks sufficient information and belief as 19 to the allegations set forth in this paragraph, and on that basis denies them. 20 56. In answering paragraph 56, Wells Fargo lacks sufficient information and belief as 21 to the allegations set forth in this paragraph, and on that basis denies them. 22 SECOND CAUSE OF ACTION 23 (Resulting Trust) 24 57. In answering paragraph 57, Wells Fargo incorporates and realleges each of its 25 responses in the paragraphs above as though fully set forth herein. 26 58. In answering paragraph 58, Wells Fargo lacks sufficient information and belief as 27 to the allegations set forth in this paragraph, and on that basis denies them. 28 59. In answering paragraph 59, Wells Fargo lacks sufficient information and belief as -6- VERIFIED ANSWER TO COMPLAINT 1 to the allegations set forth in this paragraph, and on that basis denies them. 2 60. In answering paragraph 60, Wells Fargo lacks sufficient information and belief as 3 to the allegations set forth in this paragraph, and on that basis denies them. 4 61. In answering paragraph 61, Wells Fargo lacks sufficient information and belief as 5 to the allegations set forth in this paragraph, and on that basis denies them. 6 62. In answering paragraph 62, Wells Fargo lacks sufficient information and belief as 7 to the allegations set forth in this paragraph, and on that basis denies them. 8 THIRD CAUSE OF ACTION 9 (Constructive Trust) 10 63. In answering paragraph 63, Wells Fargo incorporates and realleges each of its 11 responses in the paragraphs above as though fully set forth herein. 12 64. In answering paragraph 64, Wells Fargo lacks sufficient information and belief as 13 to the allegations set forth in this paragraph, and on that basis denies them. 14 65. In answering paragraph 65, Wells Fargo lacks sufficient information and belief as 15 to the allegations set forth in this paragraph, and on that basis denies them. 16 66. In answering paragraph 66, Wells Fargo lacks sufficient information and belief as 17 to the allegations set forth in this paragraph, and on that basis denies them. 18 67. In answering paragraph 67, Wells Fargo lacks sufficient information and belief as 19 to the allegations set forth in this paragraph, and on that basis denies them. 20 68. In answering paragraph 68, Wells Fargo lacks sufficient information and belief as 21 to the allegations set forth in this paragraph, and on that basis denies them. 22 69. In answering paragraph 69, Wells Fargo lacks sufficient information and belief as 23 to the allegations set forth in this paragraph, and on that basis denies them. 24 FOURTH CAUSE OF ACTION 25 (Quiet Title) 26 70. In answering paragraph 70, Wells Fargo incorporates and realleges each of its 27 responses in the paragraphs above as though fully set forth herein. 28 71. In answering paragraph 71, Wells Fargo lacks sufficient information and belief as -7- VERIFIED ANSWER TO COMPLAINT 1 to the allegations set forth in this paragraph, and on that basis denies them. 2 72. In answering paragraph 72, Wells Fargo lacks sufficient information and belief as 3 to the allegations set forth in this paragraph, and on that basis denies them. 4 73. In answering paragraph 73, Wells Fargo lacks sufficient information and belief as 5 to the allegations set forth in this paragraph, and on that basis denies them. 6 74. In answering paragraph 74, Wells Fargo lacks sufficient information and belief as 7 to the allegations set forth in this paragraph, and on that basis denies them. 8 75. In answering paragraph 75, Wells Fargo lacks sufficient information and belief as 9 to the allegations set forth in this paragraph, and on that basis denies them. 10 FIFTH CAUSE OF ACTION 11 (Breach of Fiduciary Duty) 12 76. In answering paragraph 76, Wells Fargo incorporates and realleges each of its 13 responses in the paragraphs above as though fully set forth herein. 14 77. In answering paragraph 77, Wells Fargo lacks sufficient information and belief as 15 to the allegations set forth in this paragraph, and on that basis denies them. 16 78. In answering paragraph 78, Wells Fargo lacks sufficient information and belief as 17 to the allegations set forth in this paragraph, and on that basis denies them. 18 79. In answering paragraph 79, Wells Fargo lacks sufficient information and belief as 19 to the allegations set forth in this paragraph, and on that basis denies them. 20 80. In answering paragraph 80, Wells Fargo lacks sufficient information and belief as 21 to the allegations set forth in this paragraph, and on that basis denies them. 22 81. In answering paragraph 81, Wells Fargo lacks sufficient information and belief as 23 to the allegations set forth in this paragraph, and on that basis denies them. 24 82. In answering paragraph 82, Wells Fargo lacks sufficient information and belief as 25 to the allegations set forth in this paragraph, and on that basis denies them. 26 83. In answering paragraph 83, Wells Fargo lacks sufficient information and belief as 27 to the allegations set forth in this paragraph, and on that basis denies them. 28 84. In answering paragraph 84, Wells Fargo lacks sufficient information and belief as -8- VERIFIED ANSWER TO COMPLAINT 1 to the allegations set forth in this paragraph, and on that basis denies them. 2 85. In answering paragraph 85, Wells Fargo lacks sufficient information and belief as 3 to the allegations set forth in this paragraph, and on that basis denies them. 4 86. In answering paragraph 86, Wells Fargo lacks sufficient information and belief as 5 to the allegations set forth in this paragraph, and on that basis denies them. 6 87. In answering paragraph 87, Wells Fargo lacks sufficient information and belief as 7 to the allegations set forth in this paragraph, and on that basis denies them. 8 SIXTH CAUSE OF ACTION 9 (Partition) 10 88. In answering paragraph 88, Wells Fargo incorporates and realleges each of its 11 responses in the paragraphs above as though fully set forth herein. 12 89. In answering paragraph 89, Wells Fargo lacks sufficient information and belief as 13 to the allegations set forth in this paragraph, and on that basis denies them. 14 90. In answering paragraph 90, Wells Fargo lacks sufficient information and belief as 15 to the allegations set forth in this paragraph, and on that basis denies them. 16 91. In answering paragraph 91, Wells Fargo lacks sufficient information and belief as 17 to the allegations set forth in this paragraph, and on that basis denies them. 18 92. In answering paragraph 92, Wells Fargo lacks sufficient information and belief as 19 to the allegations set forth in this paragraph, and on that basis denies them. 20 93. In answering paragraph 93, Wells Fargo lacks sufficient information and belief as 21 to the allegations set forth in this paragraph, and on that basis denies them. 22 AFFIRMATIVE DEFENSES 23 As separate, distinct and affirmative defenses to the claims in the Complaint Wells Fargo 24 alleges as follows: 25 First Affirmative Defense 26 (Failure to State a Cause of Action) 27 As a first, separate and affirmative defense, Wells Fargo alleges that theComplaint, and 28 each of the causes of action pleaded therein, fail to state facts sufficient to constitute any cause of -9- VERIFIED ANSWER TO COMPLAINT 1 action against Wells Fargo. 2 Second Affirmative Defense 3 (Acts of Third Parties) 4 As a second, separate and affirmative defense, the injuries and damages alleged therein 5 were either wholly or in part proximately caused by the acts at fault of persons, firms, 6 corporations, or entities other than Wells Fargo. 7 Third Affirmative Defense 8 (Compliance) 9 As a third, separate and affirmative defense, Wells Fargo alleges that, Wells Fargo 10 engaged in actions or inactions in total compliance with federal and California state law. 11 Fourth Affirmative Defense 12 (No Duty) 13 As a fourth, separate and affirmative defense, Wells Fargo alleges that it owed no duty to 14 Plaintiff. 15 Fifth Affirmative Defense 16 (No Causation) 17 As a fifth, separate and affirmative defense, there was no causal relationship, in fact or in 18 law, between Wells Fargo’s acts or omissions alleged in the Complaint and the damages alleges 19 therein by Plaintiff. 20 Sixth Affirmative Defense 21 (Proximate Cause) 22 As a sixth, separate and affirmative defense, Wells Fargo alleges that even if Wells Fargo 23 acted or failed to act as alleged in the Complaint (which Wells Fargo denies and makes such 24 assumption only for the purpose of this defense), such acts or failures to act are not the proximate 25 cause of any damages alleged in the Complaint. 26 Seventh Affirmative Defense 27 (Indemnity) 28 As a seventh separate and affirmative defense, Wells Fargo alleges that in the event -10- VERIFIED ANSWER TO COMPLAINT 1 Plaintiffs should be awarded judgment that impairs Wells Fargo’s lien interest in any manner or 2 any amount by virtue of the Complaint, Wells Fargo is entitled to indemnity for such amounts 3 from those parties, including those who are presently unknown or unidentified, who were 4 primarily responsible for such damages. 5 Eighth Affirmative Defense 6 (Independent Intervening Cause) 7 As an eighth separate and affirmative defense, Wells Fargo alleges that any damages 8 sustained by Plaintiff (which Wells Fargo denies and makes such assumption only for the 9 purpose of this defense) were caused by the actions and/or omissions of someone other than 10 Wells Fargo, over whom Wells Fargo had no control. 11 Ninth Affirmative Defense 12 (Contribution) 13 As a ninth, separate and affirmative defense, Wells Fargo alleges that it has a right to 14 contribution from the other unnamed Defendants including, but not limited to, equitable 15 contribution, express contractual contribution, implied contractual contribution, and contribution 16 by operation of law. 17 Tenth Affirmative Defense 18 (Comparative Fault of Third Parties) 19 As a tenth, separate and affirmative defense, Wells Fargo alleges that, to the extent 20 Plaintiff was damaged, as pled in the Complaint, Plaintiff's damages were proximately caused by 21 the negligence, carelessness or intentional misconduct of third parties, and any damages should 22 be totally barred or reduced by the comparative fault of third parties. 23 Eleventh Affirmative Defense 24 (Privilege Including Civ. Code §47) 25 As an eleventh, separate and affirmative defense, Wells Fargo alleges that if Wells Fargo 26 engaged in the conduct alleged in the Complaint (which Wells Fargo denies and makes such 27 assumption only for the purposes of this defense), the acts were privileged by Civil Code section 28 47, subd. (c) including other theories of privilege. -11- VERIFIED ANSWER TO COMPLAINT 1 Twelfth Affirmative Defense 2 (Acts and/or Omissions of Plaintiff; Lack of Due Diligence) 3 As a twelfth, separate and affirmative defense, Wells Fargo alleges that any and all events 4 and happenings, injuries, loss, damage and expenditures referred to in the Complaint were 5 directly and proximately caused and contributed to by acts and/or omissions of Plaintiff 6 including, inter alia, lack of due diligence, and investigation by Plaintiff. 7 Thirteenth Affirmative Defense 8 (One Who Seeks Equity Must Do Equity) 9 As a thirteenth, separate and affirmative defense, Wells Fargo alleges that Plaintiff have 10 come to this Court seeking an equitable remedy, but Plaintiff should not be granted equitable 11 relief because it is not prepared to give equity to the adverse parties in this case. 12 Fourteenth Affirmative Defense 13 (Apportionment) 14 As a fourteenth, separate and affirmative defense, Wells Fargo alleges that if it should be 15 found that Wells Fargo is in any manner legally responsible for the injuries or damages sustained 16 by Plaintiff, if any, which supposition is not admitted but merely stated for the purpose of this 17 affirmative defense, it should be found that any injuries and/or damages determined to have been 18 incurred or suffered by Plaintiff in this action were proximately caused or contributed to by other 19 Defendants in this case, whether served or not served, and/or proximately caused or contributed 20 to by other persons or entities not parties to this action. Accordingly, Wells Fargo is entitled to a 21 finding that the negligence and/or fault and/or unreasonable conduct of each of the aforesaid 22 persons and/or entities, whether parties to this action or not, shall be determined, apportioned and 23 pro-rated, and that any judgment which is rendered against Wells Fargo shall be reduced not only 24 by the degree of comparative negligence of Plaintiff, but also shall be reduced by the percentage 25 of negligence and/or fault and/or unreasonable conduct attributed to the aforesaid other 26 Defendants and/or third persons or entities, whether parties to this action or not. 27 /// 28 /// -12- VERIFIED ANSWER TO COMPLAINT 1 Fifteenth Affirmative Defense 2 (No Violation of Statute) 3 As a fifteenth, separate and affirmative defense, Wells Fargo alleges that at no time 4 mentioned in the Complaint did Wells Fargo violate any statute or regulation under the laws of 5 the State of California or the United States of America. 6 Sixteenth Affirmative Defense 7 (Laches) 8 As a sixteenth, separate and affirmative defense, Wells Fargo alleges that Plaintiff waited 9 an unreasonable period of time before asserting its claims, if any, against Wells Fargo, and is 10 barred from asserting such claims under the doctrine of laches. 11 Seventeenth Affirmative Defense 12 (No Warranty) 13 As a seventeenth, separate and affirmative defense, Wells Fargo alleges that it made no 14 warranty, express or implied, to Plaintiff. 15 Eighteenth Affirmative Defense 16 (Bona Fide Error) 17 As an eighteenth, separate and affirmative defense, Wells Fargo alleges that any alleged 18 violation (which Wells Fargo denies and makes such assumptions only for purpose of this 19 defense), was not intentional and resulted from a bona fide error notwithstanding the 20 maintenance of procedures reasonably adapted to avoid any such error. 21 Nineteenth Affirmative Defense 22 (Adequacy of Remedy at Law) 23 As a nineteenth, separate and affirmative defense, Wells Fargo alleges that any alleged 24 injury or damages sustained by Plaintiff (which Wells Fargo denies and makes such assumptions 25 only for purpose of this defense), would be adequately compensated by damages. Accordingly, 26 Plaintiff has a complete and adequate remedy at law and is not entitled to seek equitable relief. 27 /// 28 /// -13- VERIFIED ANSWER TO COMPLAINT 1 Twentieth Affirmative Defense 2 (Bona Fide Lien) 3 As a twentieth, separate and affirmative defense, Wells Fargo contends that its security 4 interest encumbering the subject property is a bona fide lien, given for value. Wells Fargo further 5 contends that amounts remain due and owing on account of its security interest. 6 Twenty-First Affirmative Defense 7 (Unstated Defenses) 8 As to the allegations of the Complaint, and the cause of action alleged therein, Wells 9 Fargo presently have insufficient knowledge and information on which to form a belief as to 10 whether additional, as yet unstated affirmative defense may exist. Wells Fargo therefore reserves 11 its right to assert additional affirmative defenses in the event that discovery indicated that such 12 defense would be appropriate. 13 WHEREFORE, Wells Fargo prays for judgment as follows: 14 1. That Plaintiff take nothing from Wells Fargo by way of the Complaint; 15 2. That Wells Fargo be awarded fees and costs of suit; and 16 3. For such other and further relief as the Court deems necessary and proper. 17 Dated: April 24, 2024 MCCALLA RAYMER LEIBERT PIERCE, LLP 18 19 20 By: ________________________________ NABEEL M. ZUBERI 21 PRESTON N.K. AMUNDSON Attorneys for Defendant, 22 WELLS FARGO BANK, N.A. 23 24 25 26 27 28 -14- VERIFIED ANSWER TO COMPLAINT 1 VERIFICATION 2 I am an attorney at law admitted to practice before all courts of the State of California and 3 am an attorney at the law firm of McCalla Raymer Leibert Pierce LLP (“MRLP”), counsel for 4 WELLS FARGO BANK, N.A. (“Wells Fargo” or “Defendant”). MRLP’s sole California office 5 is located in Long Beach, California, Los Angeles County. Wells Fargo was unable to make the 6 verification because it is absent from Los Angeles County, and for that reason I make this 7 verification for and on behalf of Wells Fargo. I have read the foregoing Answer and know its 8 contents. I am informed and believe, and on that ground allege that the facts stated in the 9 Answer are true, and I believe the matters alleged on information and belief to be true. 10 I declare under penalty of perjury under the laws of the State of California that the foregoing 11 is true and correct. 12 Executed on this 24th day of April 2024 at Long Beach, California 13 14 _____________________________ PRESTON N.K. AMUNDSON—DECLARANT 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -15- VERIFIED ANSWER TO COMPLAINT 1 PROOF OF SERVICE I am employed in the County of Los Angeles, State of California. I am over the age of 18 and not a 2 party to the within action; my business address is 301 E. Ocean Blvd., #1720, Long Beach, California 90802. On April 24, 2024, I served the foregoing documents: VERIFIED ANSWER OF DEFENDANT 3 WELLS FARGO BANK, N.A. TO PLAINTIFF’S COMPLAINT to the following interested parties: 4 RENEE GLOVER CHANTLER, CHANTLERLAW LLP 5 1900 SOUTH NORFOLK STREET, SUITE 350, SAN MATEO, CA 94403 6 7 In the following manner: 8 [X] (BY U.S. MAIL) I placed a true and correct copy of said document in a sealed envelope with 9 postage thereon fully prepaid, to be deposited in the U.S. Mail at Long Beach, California. I am “readily familiar” with my firm’s practice of collection and processing correspondence for 10 mailing. It is deposited with U.S. postal service on the same day in the ordinary course of business. I am aware that on motion of party served, service is presumed invalid if postal 11 cancellation date or postage meter date is more than 1 day after date of deposit for mailing in 12 affidavit. 13 [] (BY ELECTRONIC MEANS) to electronic mail address () 14 [X] (STATE) I declare under penalty of perjury under the laws of the State of California that the above is true and correct. 15 Executed on April 24, 2024, at Long Beach, California. 16 17 18 _______________________ 19 Samuel P. Davis 20 21 22 23 24 25 26 27 28 -1- PROOF OF SERVICE