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In Propria PersonaP.O. Box 540Susanville, CA 96130530-257-2555
IN THE SUPERIOR COURT OF THE CALIFORNIA
FOR THE COUNTY OF LASSEN
NORMAN W. ALLEN
Plaintiff,
vs.
SUMMIT FINANCIAL GROUP; DANA CAPITOL CORP.; STEVE WEICH; ROD HOSILYK; DWIGHT A. BENNETT; JUDITH A. ST. JOHN; WILSHIRE CREDIT; CORPORATION; EVANS APPRAISAL SERVICES.INC.; and DOES 1-10,
Defendants,
LEAD CASE NO.: 45679
(Consolidated with: 50324 & 46190)
Unlimited Jurisdiction
ANSWER TO VERIFIED CROSS-COMPLAINT
Trial Date: None Set.
NORMAN W. ALLEN,
Plaintiff, vs.
T.D. SERVICE COMPANY, WELLS FARGO BANK N.A. AS TRUSTEE FOR THE MLMI TRUST SERIES 2005-HE3, AND DOES 1-10,
Defendants.
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Answer to Verified Cross-Complaint
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WELLS FARGO BANK, N.A. as
Trustee for MLMI Trust Series 2005-HE3 and BAC HOME LOANSSERVICING, LP, a Texas limitedPartnership, successor by merger to Wilshire Credit Corporation,
Cross-Complainants,
Vs.
NORMAN W. ALLEN, DWIGHT A. BENNETT, JUDITH A. ST. JOHN,EVANS APPRAISAL SERVICES,INC., and ROES 1-10
Cross-Defendants.AND ALL OTHER CROSS-ACTIONS
COMES NOW the Cross-Defendant, Dwight A. Bennett, for himself alone
and in answering the allegations of the Cross-Complaint on file herein,
affirms, denies, and alleges as follows:
I. Answering the allegations of Paragraph 1, cross-defendant
Bennett is informed and believes that the information contained therein
is correct.
II. Answering the allegations of Paragraph 2, cross-defendant
Bennett is informed and believes that the information contained therein
is correct.
III. Answering the allegations of Paragraph 3, cross-defendant
Bennett is informed and believes that the information contained therein
is correct.
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Answer to Verified Cross-Complaint
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IV. Answering the allegations of Paragraph 4, cross-defendant
Bennett admits that each and every allegation contained therein is
correct.
V. Answering the allegations of Paragraph 5, cross-defendant
Bennett is informed and believes that the information contained therein
is correct.
VI. Answering the allegations of Paragraph 6, cross-defendant
Bennett is informed and believes that the information contained therein
is correct.
VII. Answering the allegations of Paragraph 7, cross-defendant
Bennett alleges that he has no information or belief sufficient to allow
him to answer and so denies each and every allegation contained in said
Paragraph 7.
VIII. Answering the allegations of Paragraph 8, cross-defendant
Bennett is informed and believes that the information contained therein
is correct.
FIRST CAUSE OF ACTION
(For Declaratory Relief Against Allen, St. John. And Bennett)
IX. Answering the allegations of Paragraph 9, of the Cross-
Complaint, Cross-Defendant incorporates herein the answers to
Paragraphs I, through VIII, of cross-complainants’ purported Cause of
Action the same as though fully set out herein at length.
X. Answering the allegations of Paragraph 10, of the Cross-
Complaint, Cross-Defendant denies generally and specifically, in the
conjunctive and disjunctive, each and every allegation contained therein.
XI. Answering the allegations of Paragraph 11, cross-defendant
Bennett is informed and believes that the information contained therein
is correct.
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Answer to Verified Cross-Complaint
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XII. Answering the allegations of Paragraph 12, of the Cross-
Complaint, Cross-Defendant denies generally and specifically, in the
conjunctive and disjunctive, each and every allegation contained therein.
XIII. Answering the allegations of Paragraph 7, cross-defendant
Bennett alleges that he has no information or belief sufficient to allow
him to answer and so denies each and every allegation contained in said
Paragraph 13.
XIV. Answering the allegations of Paragraph 14, cross-defendant
Bennett is informed and believes that the information contained therein
is correct.
XV. Answering the allegations of Paragraph 15, of the Cross-
Complaint, Cross-Defendant denies generally and specifically, in the
conjunctive and disjunctive, each and every allegation contained therein.
XVI. Answering the allegations of Paragraph 7, cross-
defendant Bennett alleges that he has no information or belief sufficient
to allow him to answer and so denies each and every allegation
contained in said Paragraph 16.
XVII. Answering the allegations of Paragraph 17, Cross-
Defendant was informed and believes that he and Norman Allen believed
that the Improvements were subsequently located on the 14 acres rather
than the 40 acres. Except as heretofore admitted, Cross-Defendant
denies each and every remaining allegation, generally and specifically, in
the conjunctive and disjunctive.
XVIII. Answering the allegations of Paragraph 18, Cross-
Defendant is informed and believes, that at all times relevant, he and
Norman Allen intended the Improvements to be part of the 14 acres.
Except as heretofore admitted, cross-defendant denies each and every
remaining allegation, generally and specifically, in the conjunctive and
disjunctive.
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Answer to Verified Cross-Complaint
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XIX. Answering the allegations of Paragraph 19, cross-defendant
Bennett is informed and believes that the information contained therein
is correct.
XX. Answering the allegations of Paragraph 20, cross-
defendant Bennett is informed and believes that the information
contained therein is correct.
XXI. Answering the allegations of Paragraph 21, cross-
defendant Bennett is informed and believes that the mistaken belief that
the Improvements were on the 14 acres reflects in part the appraised
value of the subject property in 2005, except as heretofore admitted,
cross-defendant denies each and every remaining allegation, generally
and specifically, in the conjunctive and disjunctive.
XXII. Answering the allegations of Paragraph 22, cross-
defendant Bennett is informed and believes that the information
contained therein is correct.
XXIII. Answering the allegations of Paragraph 23, cross-
defendant Bennett is informed and believes that a real controversy
exists requiring a judicial determination of the respective rights, duties
and responsibilities of all parties to these transactions, including principle
parties not herein named to date. Defendant Bennett further provides
notice to the court therein reserving the right, upon discovery the of the
identities of those yet unnamed parties to; set out complaints or cross-
complaints as required; and by leave of the Court to affect full remedy
under the law. Except as heretofore admitted, Cross-Defendant denies
each and every remaining allegation, generally and specifically, in the
conjunctive and disjunctive.
SECOND CAUSE OF ACTION
(For Rescission Against Allen)
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Answer to Verified Cross-Complaint
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XXIV. Answering the allegations of Paragraph 24, of the Cross-
Complaint, Cross-Defendant incorporates herein the answers to
Paragraphs I, through XXIV, of Cross-Complainants’ purported Cause of
Action the same as though fully set out herein at length.
XXV. Answering the allegations of Paragraph 25, cross-
defendant Bennett is informed and believes that the information
contained therein is correct.
XXVI. Answering the allegations of Paragraph 26, cross-
defendant Bennett alleges that he has no information or belief sufficient
at this time to allow him to answer and so denies each and every
allegation contained in said Paragraph 26.
XXVII. Answering the allegations of Paragraph 27, cross-
defendant Bennett alleges that he has no information or belief sufficient
at this time to allow him to answer and so denies each and every
allegation contained in said Paragraph 27.
XXVIII. Answering the allegations of Paragraph 28, cross-
defendant Bennett alleges that Option One Mortgage Inc., and Summit
Financial Group Inc., induced the transaction that is central to this
controversy against Bennett’s will. In so doing said parties and their
agents are guilty of “inexcusable negligence”. Option One Mortgage Inc.
thus created a relationship of “detrimental reliance” by their actions and
Wells Fargo stands in the shoes of Wells Fargo. Except as heretofore
admitted, cross-defendant denies each and every remaining allegation,
generally and specifically, in the conjunctive and disjunctive.
THIRD CAUSE OF ACTION
(For reformation Against Allen, Bennett, and St. John)
XXIX. Answering the allegations of Paragraph 29, of the Cross-
Complaint, Cross-Defendant incorporates herein the answers to
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Answer to Verified Cross-Complaint
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Paragraphs I, through XXVIII, of Cross-Complainants’ purported Cause of
Action the same as though fully set out herein at length.
XXX. Answering the allegations of Paragraph 30, Cross-
Defendant Bennett alleges that he has no information or belief sufficient
at this time to allow him to answer and so denies each and every
allegation contained in said Paragraph 30.
XXXI. Answering the allegations of Paragraph 31, Cross-
Defendant Bennett is informed and believes that the information
contained therein is correct.
XXXII. Answering the allegations of Paragraph 32, Cross-
Defendant is informed and believes, that he at no time entered into
contractual agreement with Wells Fargo Bank nor caused the existence
any alleged “WFB Deed of Trust” if such instrument exists. Where is the
contract and note that binds Bennett in privity and establishing his
“intended benefits” or “respective bargains” for reformation? Except as
heretofore admitted, Cross-Defendant denies each and every allegation,
generally and specifically, in the conjunctive and disjunctive.
XXXIII. Answering the allegations of Paragraph 33, Cross-
Defendant was informed and believes, that he did not then nor does he
now benefit from the sale by paying off the previously Existing Mortgage
with the sale proceeds as alleged and that the inverse is true. As to the
allegation set forth by Wells Fargo and BAC that “Bennett [k]new the
only way to receive enough money to pay off the Existing Mortgage was
to convey the Improvements along with the 14 acres”, answering this
allegation cross-defendant denies each and every allegation, generally
and specifically, in the conjunctive and disjunctive. As to the benefit or
lack thereof to St. John as alleged, cross-defendant Bennett alleges that
he has no information or belief sufficient at this time to allow him to
answer and so denies each and every remaining allegation contained in
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said Paragraph 33, generally and specifically, in the conjunctive and
disjunctive.
XXXIV. Answering the allegations of Paragraph 34, reasserts the
above stated claims of negligence, misrepresentation, and detrimental
reliance at the minimum against Option One Mortgage and Summit and
again asserting that if said Cross-Complainants’ positions as alleged by
each, are true, Wells Fargo and BAC stand in the shoes of the parties
named above to who they answer as agents. Answering the same
allegations herein Bennett further asserts that he in no manner has now
nor ever had any relationship of privity with Cross-Complainants of this
action. At no time did he have privity in contract, real or proposed,
written or verbal, with Option One Mortgage or Wilshire. Wells Fargo and
BAC attempt herein to rewrite the rules of equity in forcing reformation
upon a third party under the claim of “mutual mistake” asserting
“respective bargains” where none existed between themselves and
Bennett. Further answering the allegations of Paragraph 34, he asserts
that he has no true knowledge if Wells Fargo is the Beneficiary of the
resultant Promissory Note and Deed of Trust as claimed. If so then by
investing even a cursory amount of due diligence as operators of a
mortgage business, Wells Fargo would have discovered that the legal
description is included in the mortgage and likely reveals the true nature
of the parcel to mortgage lenders. Except as heretofore admitted, cross-
defendant denies each and every remaining allegation, generally and
specifically, in the conjunctive and disjunctive.
XXXV. Answering the allegations of Paragraph 35, Bennett
reasserts the above stated claims of negligence, misrepresentation, and
detrimental reliance at the minimum against Option One Mortgage and
Wilshire. Additionally in answering these allegations, Bennett alleges that
substantially precedent to the entry of Wells and BAC as cross-
complainants Wells Fargo as Beneficiary filed a claim(s) with Chicago
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Answer to Verified Cross-Complaint
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Title Insurance Company Inc., for recovery under the A.L.T.A. title
insurance policy purchased by Bennett for the protection of all parties to
the sales transaction. Wells Fargo now claiming inequitable enrichment
against Bennett and others in its Cross-Action, makes no mention of the
insured position it enjoys at Bennett’s expense. To the best of Bennett’s
knowledge, until named as defendants by Allen, Wells Fargo and Wilshire
(BAC) asserted that they held no direct economic interest in these
proceedings and as such were released or unnamed as Defendants.
Except as heretofore admitted, Cross-Defendant denies each and every
remaining allegation, generally and specifically, in the conjunctive and
disjunctive.
FOURTH CAUSE OF ACTION
(For Equitable Subrogation Against Bennett and St. John)
XXXVI. Answering the allegations of Paragraph 36, of the Cross-
Complaint, Cross-Defendant incorporates herein the answers to
Paragraphs I, through XXXV, of Cross-Complainants’ purported Cause of
Action the same as though fully set out herein at length.
XXXVII. Answering the allegations of Paragraph 37, of the cross-
complaint, cross-defendant alleges that Wells Fargo seeks subrogation in
direct contradiction of the elements of the doctrine of equity. If this is
accomplished it would pave the road to compounded profits through
predatory lending practices. Notwithstanding the law forbidding
subrogation when no agreement of the parties is express or implied in
debt equity, Wells Fargo and BAC seek forced subrogation in the face of
actions by their “predecessors” chargeable with fraud, culpable &
inexcusable negligence, forced reliance and more. Aside from the
inequitable enrichment clearly available to Wells Fargo and BAC through
the aggregate of title insurance, foreclosure of the subject property, and
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Answer to Verified Cross-Complaint
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subrogation of the adjacent property, cross-defendant denies each and
every remaining allegation, generally and specifically, in the conjunctive
and disjunctive.
XXXVIII. Answering the allegations of Paragraph 38, cross-
defendant Bennett alleges that he has no information or belief sufficient
at this time to allow him to answer and so denies each and every
allegation contained in said Paragraph 38.
XXXIX. Answering the allegations of Paragraph 39, cross-
defendant Bennett alleges that he has no information or belief sufficient
at this time to allow him to answer and so denies each and every
allegation contained in said Paragraph 39.
XL. Answering the allegations of Paragraph 40, cross-
defendant Bennett alleges that he has no information or belief sufficient
at this time to allow him to answer and so denies each and every
allegation contained in said Paragraph 40.
XLI. Answering the allegations of Paragraph 41, cross-
defendant Bennett denies each and every allegation contained in said
Paragraph 41.
FIFTH CAUSE OF ACTION
(For equitable Lien Against Allen, Bennett, and St. John)
XLII. Answering the allegations of Paragraph 42, of the cross-
complaint, cross-defendant incorporates herein the answers to
Paragraphs I, through XLI, of cross-complainants’ purported Cause of
Action the same as though fully set out herein at length.
XLIII. Answering the allegations of Paragraph 43, cross-
defendant Bennett alleges that he has no information or belief regarding
St. John’s intentions or actions sufficient at this time to allow him to
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answer and so denies each and every allegation contained in said
Paragraph 43.
XLIV. Answering the allegations of Paragraph 44, cross-
defendant Bennett is informed and believes that others enacted the
process requiring conveyance of Improvements. Additionally in answering
these allegations, he is informed and believes the conveyance that “paid
off the Existing Mortgage”, directly and/or incidentally was caused by
frauds and the intentional negligence of others.
XLV. Answering the allegations of Paragraph 45, cross-
defendant Bennett alleges that he has no information or belief sufficient
at this time to allow him to answer and so denies each and every
allegation contained in said Paragraph 45.
XLVI. Answering the allegations of Paragraph 46, cross-
defendant Bennett denies in part the allegation contained in said
Paragraph 46, in that the payoff of the existing mortgage was
substantially less than $437,000.00. Outrageous fees were charged for
said credit including “yield spread premiums” and other “garbage fees”
too extensive for this writing. The forced reliance as stated above
precipitated expenses, penalties, and other costs to Bennett in excess of
$100,000.00 by completion of the initial transaction, this from the direct
actions of Summit, Option One, Dana Capitol, and others. Further
payments and costs in addition, both precedent and antecedent to that
event. The equity losses and other costs that continue to accrue for
Bennett are equal to or greater than the $437,000.00 claimed in this
cross-action. In answering the allegations of Paragraph 46, beyond that
stated above cross-defendant Bennett alleges that he has no information
or belief sufficient at this time to allow him to answer more fully and so
denies each and every other allegation contained in said Paragraph 46.
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Answer to Verified Cross-Complaint
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XLVII. Cross-complainants’ statement in Paragraph 47 is not
understandable or inconclusive and as such, cross-defendant Bennett
denies each and every allegation contained in said Paragraph 47.
XLVIII. Answering the allegations of Paragraph 48, cross-
defendant Bennett alleges that he has no information or belief sufficient
at this time to allow him to answer and so denies each and every
allegation contained in said Paragraph 48.
XLIX. Answering the allegations of Paragraph 49, cross-
defendant Bennett alleges that he has no information or belief that all
parties of liability or actionable responsibility are yet unnamed in this
multi-case complex action. Answering further allegations herein, he has
no belief that a court of equity would uphold the claims of entitlement of
lien asserted. He has no true understanding of what positions Wells Fargo
& BAC currently hold nor despite the claims “their intended positions”.
Certainty these parties have already claimed numerous conflicting
positions without providing any proof or documentation whatsoever. Each
vaguely asserted position is under terminology and “title” with complex
multiple meanings to the mortgage industry. These “titles” are not
discernable without case specific contractual clarity of which they offer
none; as such, cross-defendant denies each and every remaining
allegation, generally and specifically, in the conjunctive and disjunctive.
SIXTH CAUSE OF ACTION
(Equitable Mortgage Against Bennett, St. John, and Allen)
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Answer to Verified Cross-Complaint
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L. Answering the allegations of Paragraph 50, of the cross-
complaint, cross-defendant incorporates herein the answers to
Paragraphs I, through XLIX, of cross-complainants purported Cause of
Action the same as though fully set out herein at length.
LI. Answering the allegations of Paragraph 51, cross-
defendant Bennett alleges that he has no information or belief of St.
John’s intentions now or at the time in question, sufficient at this time to
allow him to answer and so denies each and every allegation contained in
said Paragraph 51 generally and specifically, in the conjunctive and
disjunctive.
LII. Answering the allegations of Paragraph 52, cross-
defendant is informed and believes that it that the certificate of
compliance that separated the two parcels and created the controversy
now at bar was undertaken after extensive misrepresentation by Steve
Weich, Rod Hosilyk, Summit Financial Group and their “buddy and
underwriter” in preparation of refinancing the subject property. Bennett
and St. John were “prequalified”. According to Summit Financial they
were to benefit dramatically by the low mortgage interest rates available.
At all times prior to January 2005 Bennett was informed and believed that
NO portion of the 54 acres was to be conveyed. Weich and Hosliyk
repeatedly claimed prior to the events in question to have “discovered”
that the 54 acre ranch was composed of two old parcels. “Their
underwriter” who was represented to be “one of best in the business”
agreed and allegedly advised them after studying an earlier title report,
that the optimum loan conditions would be achieved by refinancing the
smaller parcel that, they asserted after their onsite inspections, held the
Improvements. Bennett & St. John had good credit ratings with low
income to debt ratios and anticipated refinancing the ranch. On or about
October 1, 2004 St. John ceased sending in the monthly mortgage
payments upon the “advice of Summit and ‘their underwriter” that was
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Answer to Verified Cross-Complaint
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later revealed as an employee of Option One Mortgage. In early January
2005, St. John drained the community bank accounts (5) and removed
herself from the couple’s home; Bennett learned the property was 90
plus days in arrears. The “lenders” and St. John quickly substituted Allen
as buyer to “save the ranch”. Beyond that stated above cross-defendant,
Bennett alleges that he has no information or belief sufficient at this time
to allow him to answer more fully and so denies each and every other
allegation contained in said Paragraph 52.
LIII. Answering the allegations of Paragraph 53, cross-
defendant is informed and believes the note executed by Allen was with
Option One Mortgage Corporation. Contrary to claims by Summit
Financial, the loan packages for Bennett, St. John, and Allen were not
submitted to any lender other than Option One. Beyond that stated
above cross-defendant, Bennett alleges that he has no information or
belief sufficient at this time to allow him to answer more fully and so
denies each and every other allegation contained in said Paragraph 53.
LIV. Answering the allegations of Paragraph 54, cross-
defendant is informed and believes that standard procedure for
conveyance of real estate often necessitates retirement of the existing
deed of trust. The “Option One Note” executed by Allen with Wells Fargo
Bank N.A. as Trustee, and serviced by Wilshire was “deposited” into the
Merrill Lynch Mortgage Instruments investment scheme 2005 HE-3.
Option One Mortgage Corporation “paid off” the Existing Mortgage.
Cross-defendant denies each and every remaining allegation, generally
and specifically, in the conjunctive and disjunctive.
LV. Answering the allegations in Paragraph 54, Bennett again
asserts inexcusable negligence on the part of Option One Mortgage and
is informed and believes that little credence will be found in the so called,
“WFB Deed of Trust” or in Trustee Wells Fargo’s standing in the courts as
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Answer to Verified Cross-Complaint
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“Beneficiary”. As such, cross-defendant denies each and every remaining
allegation, generally and specifically, in the conjunctive and disjunctive.
LVI. Answering the allegations in Paragraph 55, cross-
defendant is informed and believes that Wells Fargo and BAC are acting
as agents for the true beneficiary. Until proof of proper endorsement to
the original Note and Deed establishes legal ownership, some parties of
interest in equity remain unknown. Bennett believes “WFB’s” & BAC’s
asserted claims of security interest as “beneficiaries” to be meritless. If
cross-complainants’ lack of standing, as alleged above and confirmed in
the belatedly “verified” Answers to Complaints submitted by the same,
then there is no “Equitable Mortgage” here to which they would be
parties. Beyond that stated above cross-defendant, Bennett alleges that
he has no information or belief sufficient at this time to allow him to
answer more fully and as such denies the allegations spoken to each and
every remaining allegation, generally and specifically, in the conjunctive
and disjunctive.
SEVENTH AND EIGHTH CAUSES OF ACTION
LVII. This Answering Cross-Defendant offers no answer to the
Seventh and Eighth Causes of Action in that there are no allegations
against him therein.
AFFIRMATIVE DEFENSES
First Affirmative Defense
(Failure to State a Cause of Action)
This answer ing Cross-Defendant alleges that the
Cross-Complaint, and each and every Cause of Action therein fails to state a
Cause of Action against this Answering Cross-Defendant.
SECOND AFFIRMATIVE DEFENSE
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Answer to Verified Cross-Complaint
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(Unclean Hands)
These answering cross-defendants allege that to the extent the Cross-
complainants seek equitable relief, Cross-complainants' inequitable conduct
constitutes unclean hands and therefore bars the granting of relief to Cross-
complainants herein.
THIRD AFFIRMATIVE DEFENSE
(Contributory Negligence)
This answering Cross-Defendant is informed and believes and thereon
alleges that the Cross-Complainants proximately caused the damages
referred to in the Cross-Complaint by Cross-Complainants, and/or others
affiliated in any manner with Cross-Complainants. In that at all times
relevant herein, Cross-Complainants, failed to exercise for their own
protection the proper care and precautions which prudent persons under the
same and similar circumstances would have exercised. That if this answering
Cross-Defendant committed any wrongful act at all (which supposition is
made for the purpose of his defense without admitting such to be a fact), the
aforesaid conduct of Cross-Complainants and/or entities or persons
associated in any manner with the Cross-Complainants contributed to the
happenings of Cross-Complainants’ alleged damages.
FOURTH AFFIRMATIVE DEFENSE
(Offset)
This answering Cross-Defendant alleges that he has suffered damage by
reason of Cross-Complainants’ conduct; that he has the right of offset if any
amount of money is owed to Cross-Complainants or due Cross-Complainants
by way of damage.
FIFTH AFFIRMATIVE DEFENSE
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Answer to Verified Cross-Complaint
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(Apportionment)
This answering Cross-Defendant is informed and believes and thereon
alleges that the matters complained of in the Cross-Complainant were
proximately caused, in whole or in part, by the acts or omissions of a third
party or parties or Cross-Complainants. Accordingly, the liability of the Cross-
Complainants and responsible parties, named or unnamed, should be
apportioned according to their respective degrees of fault or other legal
responsibility, and the liability, if any, of these answering Cross-Defendant
should be reduced accordingly.
SIXTH AFFIRMATIVE DEFENSE
(Assumption of the Risk)
This answering Cross-Defendant is informed and believes and thereon
alleges that if there presently exists or ever existed, any or all of the alleged
rights, claims or obligations which Cross-Complainants assert by way of their
Cross-Complaint, said claims or obligations are unenforceable because
Cross-Complainants assumed the risk involved in the transaction.
SEVENTH AFFIRMATIVE DEFENSE
(Statute of Limitations)
This answering Cross-Defendant is informed and believes and thereon
alleges that if there presently exists or ever existed, any or all of the alleged
rights, claims or obligations which Cross-Complainants seek by way of its
Cross-Complaint each and every cause of action in the Cross-Complaint is
barred by the applicable sections of the California Code of Civil Procedure.
EIGHTH AFFIRMATIVE DEFENSE
(Lack of Standing)
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Cross-Complainants lack standing: Wells Fargo Bank and BAC are not the
true owners of the claim sued upon, are not the real parties in interest and
are not shown to be authorized to bring this Cross-Action.
NINTH AFFIRMATIVE DEFENSE
(In Pari Delicto)
This answering Cross-Defendant alleges that the Cross-Complainants
herein and each and every purported Cause of Action in the Cross-Complaint
are barred because Cross-Complainants have engaged in acts and courses of
conduct which rendered them in pari delicto.
TENTH AFFIRMATIVE DEFENSE
(Equitable Estoppel)
This answering Cross-Defendant alleges that the Cross-Complainants
herein, and each and every Cause of Action contained in the Cross-Complaint
are barred by reason of acts, omissions, representations and courses of
conduct by Cross-Complainants by which Cross-Defendant was led to rely to
their detriment, thereby barring, under the doctrine of equitable estoppel,
any Causes of Action asserted by the Cross-Complainants.
ELEVENTH AFFIRMATIVE DEFENSE
(Condition Precedent)
This answering Cross-Defendant allege that performance by these Cross-
Complainants of certain acts were contingent upon receipt of specific
instructions or otherwise properly directed any action which supposedly were
to be undertaken by these Cross-Complainants, thus Cross-Complainants
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authority, direction and cooperation was a condition precedent to any
alleged-obligation-by-these Cross-Complainants to perform such acts.
TWELFTH AFFIRMATIVE DEFENSE
(Statute of Frauds)
This answering Cross-Defendant alleges that the Cross-Complaint is barred
by the provisions of Section 1624 of the Civil Code, i.e., the Statute of
Frauds.
THIRTEENTH AFFIRMATIVE DEFENSE
(Failure of Consideration)
This answering Cross-Defendant alleges that the Cross-Complainants herein
and each and every purported Cause of Action in the Cross-Complaint are
barred as a result of a failure of consideration.
FOURTEENTH AFFIRMATIVE DEFENSE
(Mutual Mistake)
This answering Cross-Defendant is informed and believes and thereon
alleges that if there presently exists or ever existed, any or all of the alleged
rights, claims or obligations which Cross-Complainants seek by way of their
Cross-Complaint, said claims or obligations are unenforceable by reason of
mutual mistake.
FIFTEENTH AFFIRMATIVE DEFENSE
(Agreement is Not Fully Integrated)
This answering Cross-Defendant is informed and believes and thereon
alleges that if there presently exists or ever existed, any or all of the alleged
rights, claims or obligations which Cross-Complainants seek by way of their
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Cross-Complaint said claims or obligations are unenforceable because the
written agreement (if any) is not fully integrated.
WHEREFORE, cross-defendant Bennett prays that cross-complainants take
nothing by their cross-complaint and that cross-defendant have judgment
against cross-complainants and recover costs of suit herein incurred, and
such other relief as the court may deem proper.
DATED: November 10, 2010
_________________________________
Dwight A. Bennett, In Pro Per
VERIFICATION
I, Dwight A. Bennett, am a Cross-Defendant in the above-entitled action. I
have read the foregoing; Answer to Verified Cross-Complaint and know the
contents thereof. The same is true of my own knowledge, except as to those
matters which are therein alleged on information and belief, and as to those
matters, I believe it to be true.
I declare under penalty of perjury that the foregoing is true and correct and
that this declaration was executed at Susanville, California.
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DATED: November 10, 2010
___________________________________
Dwight A. Bennett, In Pro Per
.
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