Motion-Secondary: David Wong, Special Administrator of the Estate of Allen Wong et al vs Wells Fargo Bank, National Association et al

• 
• 
• 
• 

						
                                
Preview
                                BENJAMIN R. LEVINSON-SBN 116675
     LAW OFFICE OF BENJAMIN R. LEVINSON
     A Professional Corporation
     46 N. Second Street, Suite A
     Campbell, California 95008
     Telephone: (408) 866-2999
     Facsimile:    (408) 866-2992
     Email: ben@benlevinsonlaw.com

     Attorney for Plaintiff
     David Wong, Special Administrator of
     the Estate of Allen Wong

                                             SUPERIOR COURT OF CALIFORNIA

                                                 SANTA CLARA COUNTY
                                                   (Unlimited Jurisdiction)
10

M1
      DAVID WONG, SPECIAL ADMINISTRATOR                               Case No. 19CV355126
12    OF THE ESTATE OF ALLEN WONG,

13                              Plaintiff,                            OBJECTION OF PLAINTIFF TO
                                                                      DISCLAIMER OF INTEREST FILED BY
14    vs.                                                             DEFENDANT FIRST AMERICAN TITLE
                                                                      INSURANCE COMPANY UNDER CIVIL
15    WELLS FARGO BANK, NATIONAL                                      CODE § 2924/(c)
      ASSOCIATION; WELLS FARGO HOME
16    MORTGAGE, INC.; FIRST AMERICAN
      TITLE INSURANCE COMPANY;
17
      RUSHMORE LOAN MANAGEMENT
18    SERVICES, LLC; and DOES 1 through 20,
      inclusive,
19
                                Defendants.
20                                                   /

21           Plaintiff David Wong, Special Administrator of the Estate of Allen Wong (“Plaintiff”) hereby files
22   this Objection under Civil Code § 2924/(c) to Disclaimer of Interest filed by Defendant First American
23
     Title Insurance Company.
24
             1        At this early stage of the litigation, it is not clear whether First American Title Insurance
25
     Company (“FATIC”) has some independent duties that it undertook outside of its scope of duties as
26


                                                              1
     OBJECTION OF PLAINTIFF TO DISCLAIMER OF INTEREST FILED BY DEFENDANT FIRST AMERICAN TITLE
     INSURANCE COMPANY UNDER CIVIL CODE § 2924I(c)
substituted foreclosure trustee in this action.

             2       Further, since the foreclosure took place, despite the timely reinstatement by Plaintiffs

     predecessor of the loan that was being foreclosed upon, it cannot be determined yet whether FATIC had

     some independent affirmative duty to Plaintiff's predecessor that it breached by failing to cancel the

     foreclosure and which would give rise to liability and damages directly against FATIC.

             3       Additionally, since there were surplus funds generated from the foreclosure sale, and a

     demand by Plaintiff's predecessor to set aside the trustee’s sale, it is unclear what role FATIC may have

     played in making the decision not to set aside the trustee’s sale, to record the Trustee’s Deed Upon Sale,

     and the failure to disburse the surplus funds over the next two years.
10

ll
             4       Plaintiff needs to obtain a copy of the foreclosure file and other files of FATIC before it

12   can make the determination that FATIC was acting solely in its capacity as substituted foreclosure trustee

13   in the foreclosure at issue in this case.

14           As a result, Plaintiff requires Defendant FATIC to remain as a party in this action.
1S

16
                                                            LAW OFFICE OF BENJAMIN R. LEVINSON
17
                                                            A Professional Corporation

18
     DATED: November 25, 2019                                                         Js
19                                                          By: BEN,        IN R. LEVINSON, Attorney for
                                                            Plaintiff Na id Wong, Special Administrator
20                                                          of the Estate of Allen Wong

21

22

23

24

25

26


                                                            2
     OBJECTION OF PLAINTIFF TO DISCLAIMER OF INTEREST FILED BY DEFENDANT FIRST AMERICAN TITLE
     INSURANCE COMPANY UNDER CIVIL CODE § 2924/(c)