JPMorgan (WaMu) Dismissal Overruled and Judicial Notice of Recorded Documents DENIED
By Daniel Edstrom
DTC Systems, Inc.
Attorney J. Edward Kerley (Hereford Kerley LLP) presents a 7 page complaint (4 pages when you remove the case heading and the whitespace) with 4 causes of action (Leon Taylor vs. JPMorgan Chase). JPMorgan Chase lawyers respond with 211 pages (including exhibits, which make up about 190 pages +/-). The original note and Deed of Trust named Washington Mutual Bank, FA as the Lender and Beneficiary.
Excerpt from the complaint:
On or before February 27, 2007, Mr. Taylor is informed and believes that his promissory note was sold by Washington Mutual Bank, FA, to WaMu Asset Acceptance Corporation.
..
The challanged foreclosure is based upon an Assignment of Deed of Trust dated March 15, 2011. JPMorgan, as successor in interest to Washington Mutual Bank, FA, purports to assign its beneficial interests in the deed of trust to Bank of America, National Association. The assignment is void and improper because JPMorgan has no right or interest in the promissory note as of March 15, 2011, and such purported assignment is fraudulent and false.
Excerpt from Judge Mark H. Tansil’s ruling:
The court will deny judicial notice, because the contents of the documents–its facts and propositions–may be subject to some dispute. Evidence Code section 452.
The court will overrule the demurrer, while noting that the claim for injunctive relief is really a desired remedy. …
..
The plaintiff has adequately stated his causes of action, which can be answered. And the tender rule should not be rigidly applied. Sacchi v. Mortgage Electronic Registration Systems, Inc. (June 24, 2011) 2011 WL 2533029. An answer will be due within 21 days of the service of the court’s order.
Case files here:
Complaint: http://dtc-systems.net/wp-content/uploads/2012/01/1-kerley_comlaint.pdf
Defendants Demurrer (Motion to Dismiss) Part 1: http://dtc-systems.net/wp-content/uploads/2012/01/2a-JPMorganChase_demurrer.pdf
Defendants Demurrer (Motion to Dismiss) Part 2: http://dtc-systems.net/wp-content/uploads/2012/01/2b-JPMorganChase_demurrer.pdf
Defendants Demurrer (Motion to Dismiss) Part 3: http://dtc-systems.net/wp-content/uploads/2012/01/2c-JPMorganChase_demurrer.pdf
Plaintiffs Opposition to Demurrer: http://dtc-systems.net/wp-content/uploads/2012/01/3-Taylor_Opposition_to_Demurrer_11_11_14.pdf
Plaintiffs Opposition to Defendants Request for Judicial Notice: http://dtc-systems.net/wp-content/uploads/2012/01/4-Taylor_Oppostion_to_Request_for_Judicial_Notice_by_JPMorgan.pdf
Order on Motion to Dismiss: http://dtc-systems.net/wp-content/uploads/2012/01/5-Taylor_vs_JPMorgan_Demurrer_Order.pdf
