otion to Compel Deposition Answers and Documents and Sanctions by Defendant and Cross-Complainant Capital Alliance Advisors, Inc.
Factual and Procedural Background
On or about June 30, 2007, plaintiffs Louis Jones (“Jones”) and Wanda Perry (collectively, “Plaintiffs”) borrowed $609,999.75 from defendant Capital Alliance Advisors, Inc. (“Capital”) for construction on commercial property located at 842 Fourth Street in San Rafael, California (“Property”). (Complaint at ¶ 7.) The loan was secured by a second deed of trust on the Property and also secured with a second deed of trust on Plaintiffs’ primary residence at 15 Peacock Circle in American Canyon, California. (Ibid.)
In or about August 2007, defendant Capital appointed Gateway Bank FSB (“Gateway”) to service the loan and be responsible for collecting mortgage payments and year-end statements. (Complaint at ¶ 8.)
In 2010, Plaintiffs lost the Property to a foreclosure by the secured creditor who held the first deed of trust on th
Hearing Date
January 16, 2020
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otion to Compel Deposition Answers and Documents and Sanctions by Defendant and Cross-Complainant Capital Alliance Advisors, Inc.
Factual and Procedural Background
On or about June 30, 2007, plaintiffs Louis Jones (“Jones”) and Wanda Perry (collectively, “Plaintiffs”) borrowed $609,999.75 from defendant Capital Alliance Advisors, Inc. (“Capital”) for construction on commercial property located at 842 Fourth Street in San Rafael, California (“Property”). (Complaint at ¶ 7.) The loan was secured by a second deed of trust on the Property and also secured with a second deed of trust on Plaintiffs’ primary residence at 15 Peacock Circle in American Canyon, California. (Ibid.)
In or about August 2007, defendant Capital appointed Gateway Bank FSB (“Gateway”) to service the loan and be responsible for collecting mortgage payments and year-end statements. (Complaint at ¶ 8.)
In 2010, Plaintiffs lost the Property to a foreclosure by the secured creditor who held the first deed of trust on th