PLD-C-001

ATTORNEY OR PARTY WITHOLF ATTORNEY (Have. SSais 3sr numcer. and address) FOR COURT USE ONL Y

William Dedman, Esq. 039050 Counselor & Attorney at Lav; 1355 Florin Road, Suite 19 Sacramento, California 95822
TELE=HONENO 9 1 6 / 4 2 9 - 7 0 0 0 FAX NO /Optional; 916/429-1350 -MA _ ADDRESSiCpt^an comcoinchotmaiI. com A.-TQRNEY FOR (Name; Mercedes Rodriguez SUPERIOR COURT OF CALIFORNIA, COUNTY OF Sacramento STREET ADDRESS 720 Ninth Street MAILING ADDRESS same as above CITY AND ZIP CODE Sacramento, Ca 95814
BRANCH NAME

Superior Court Of California, Sacratnento

Dei m's Jones, Executive

RLE

Off! ier OS/1 0/2008

aw<

j Deputy

PLAINTIFF

Mercedes Rodriguez

DEFENDANT Value Hcc-.e Loan, Inc , a California Corporation, Bayview Loan Servicing, LLC , Jeff Kaiser, Nancy Cclleer., Neil 3 Gitnick, Kevin Dean ~X~ DOES 1 TO 10

Breach ~x~ COMPLAINT CROSS-COMPLAINT

CONTRACT AMENDED COMPLAINT (Number): AMENDED CROSS-COMPLAINT (Number):

CASE NUMBER

DEPARTMENT

Jurisdiction (check all that apply): '"" ACTION IS A LIMITED CIVIL CASE Amount demanded ___ does not exceed $10,000 exceeds 510,000, but does not exceed $25,000 j<j ACTION IS AN UNLIMITED CIVIL CASE (exceeds $25,000) ACTION IS RECLASSIFIED by this amended complaint or cross-complaint from limited to unlimited from unlimited to limited 1 Plaintiff* (name or names) Mercedes Rodriguez alleges causes ot action against defendant* (name or names) 2 3

value Home Loan, me , a California corporation,

Gicnick, Kevin Dean

Loan Servicing, LLC , Jeff Kaiser, Nancy Colleen, Neil 3

This pleading, including attachments and exhibits, consists of the following number of pages a Each plaintiff named above is a competent adult ! ____ except plaintiff (name) (1) "~ __ a corporation qualified to do business in California (2) " . J an unincorporated entity (describe) (3) ^ ___ other (specify) b a b c ^ Plaintiff (name) '_ ___ has complied with the fictitious business name laws and is doing business under the fictitious name (specify)
:

_ _j has complied with all licensing requirements as a licensed (specify)

Information about additional plaintiffs who are not competent adults is shown in Attachment 3c x except defendant (name) Bayview Loan Servicing,LLc. a business organization, form unknown (D (2) a corporation (3) i an unincorporated entity (describe) (4) a public entity (describe) A Limited Liability
Page 1 of 2

a Each defendant named above is a natural person

fx : except defendant (name) Value Home Loan, Inc.

a business organization, form unknown (D (2) x a corporation (3) ' : an unincorporated entity (describe) (4) H._ a public entity (describe) (5) r_ other (specify)

(5) x other (specify) Company COMPLAINTContract

I? :;-.iS forn is used as a c.-css-co.~c'a.it clair.tr" means C'OSS-corrDia:nant and defendant ..ear.s cross-defendant Fc'm A.Dc-ovec ;o- Ocvcra: Use J_c cisi Co--;-' of Ca.i'O'na PLD-C-CO- ;3ev .arua-y -.. 2CC7]

Csce o' Civil Pro-ecure. ^25 12

utions-

PLD-C-001

SHORTTITLE
4

Rodriguez v. Value Home Loan, Inc.,

et

al.

CASE NUMBER

(Continued) b The true names of defendants sued as Does are unknown to plaintiff (1) ! x : Doe defendants (specify Doe numbers) 1-5 were the agents or employees of the named defendants and acted within the scope of that agency or employment (2) ' x Doe defendants (specify Doe numbers) 6-10 are persons whose capacities are unknown to plaintiff c ' Information about additional defendants who are not natural persons is contained in Attachment 4c d i Defendants who are joined under Code of Civil Procedure section 382 are (names)

5 L

Plaintiff is required to comply with a claims statute, and a H has complied with applicable claims statutes, or b ^^_ is excused from complying because (specify)

6 7

This action is subject to I ; Civil Code section 1812 10 ' Civil Code section 2984 4 This court is the proper court because a x a defendant entered into the contract here b . a defendant lived here when the contract was entered into c ! : a defendant lives here now d i x i the contract was to be performed here e ! a defendant is a corporation or unincorporated association and its principal place of business is here f x real property that is the subject of this action is located here g ZZZ other (specify) The following causes of action are attached and the statements above apply to each (each complaint must have one or more causes of action attached) Z*J Breach of Contract ' ~ Common Counts

Q<Z Other (specify) Fraud, Consoiracy, Constructive Trust, Quiet Title, Declaratory Relief
9 [Z Other allegations

10 Plaintiff prays for judgment for costs of suit, for such relief as is fair, just, and equitable, and for a b damages of S 9 0 , 0 0 0 ' interest on the damages (1) x according to proof (2) ' at the rate of (specify) I x :. attorney's fees (1) I i of $ (2) x according to proof x other (specify) x

percent per year from (date)

Punitive Damages in the amount of $250,000.00, Quiet Title to Plaintiff in the property known as 7504 Handly Way, Sacramento, Ca 95822, Declaratory Relief.
11 ^2
:

The paragraphs of this pleading alleged on information and belief are as foljows (specify paragraph numbers)

Date February 7, 2008 William Dednan, Esq. 039050

(TYPE OR PRINT NAME) (SIGNATURE OF PLAINTIFF OR ATTORNEY)

(If you wish to verify this pleading, affix a verification)

PLC-C-OO-Rev jE.-._-ary V 2CD7] COMPLAINT Contract Page2of2

PLD-C-001(1)

SHORTTITLE Rodriguez v. Value Home Loan, Inc.,

et

al.

CASE NUM3ER

IT ^- ^ L

CAUSE OF ACTIONBreach of Contract

_ Cross - Complaint

ATTACHMENT TO _x_ Complaint

(Use a separate cause of action form for each cause of action ) BC-1 Plaintiff (name) Mercedes Rodriguez alleges that on or about (date) a x written _ oral _ December 14, other (specify) 2005

agreement was made between (name parties to agreement) Mercedes Rodriguez and Value Homes Loan, Inc., et al . A copy of the agreement is attached as Exhibit A, or _ The essential terms of the agreement _ are stated in Attachment BC-1 are as follows (specify) x Plaintiff borrowed the sum of $130,000 on the premises known as 7504 Kandly Way, Sacramento, California 95822, for which she executed a Note and Deed of Trust on or about December 14, 2005 with Defendant for said amount. Plaintiff executed a Home Equity Credit Line Resolving LoanAgreement for the sum of a maximum of $150,000 with initial principal amount of $10,634.96, on or about April 17, 2006, also with Defendant. Copies of both Notes and Deeds of Trust are attached hereto as Exhibit "A" . BC-2 On or about (dates) December 14, 2005 and April 17, 2 0 0 6 & subsequently defendant breached the agreement by ' the acts specified in Attachment BC-2 x the following acts (specify) Defendant Value Home Loan, Inc. did not distribute the proceeds of either Note and Deed of Trust in accordance with its Agreement with P l a i n t i f f , and Defendant did not pay the obligations of the Estate and liens against the subject property as it agreed, and f u r t h e r , Plaintiff only received the sum of $ 8 , 0 0 0 as the proceeds of both loans.

BC-3

Plaintiff has performed all obligations to defendant except those obligations plaintiff was prevented or excused from performing Plaintiff suffered damages legally (proximately) caused by defendant's breach of the agreement ~^2 as stated in Attachment BC-4 x as follows (specify) $210,000

BC-4

BC-5 ' x

Plaintiff is entitled to attorney fees by an agreement or a statute HI fS [x_ according to proof

BC-6 .

Page
Page 1 of 1

CAUSE OF ACTIONBreach of Contract

2CC7;

Codecf Clv p 8sed /e i2512

'

PLD-C-001(3

SHORTTITLE Rodriguez v. Value Home Loan, et al.

CASE NUMBER

Second
(number)

CAUSE OF ACTIONFraud
Complaint Cross-Complaint

ATTACHMENT TO x

(Use a separate cause of action form for each cause of action) FR-1 Plaintiff (name) Mercedes Rodriguez
Value Home Lean, Inc , a California Corporation, Bayview Loan Servicing, Gicnick, Kevin Dean

alleges that defendant ( a e ' nm)

LLC, Jeff Kaiser, Nancy Colleen, Neil D

on or about (date) FR-2 x

12/14/2005-04/17-2006

defrauded plaintiff as follows.

Intentional or Negligent Misrepresentation a Defendant made representations of material fact

: as stated in Attachment FR-2 a _xJ

as follows

Defendant Value Home Loan, Inc., by and through its officers and agents, Jeff Kaiser, Nancy Colleen, Neil D. Gitnick, Kevin Dean represented to Plaintiff that they would provide her with a good loan at a fare interest rate and with low fees and costs and related charges and that they would pay the obligations of the Estate and liens upon the subject property and she would receive proceeds of no less than $43,000 out of the December 14, 2005 loan.
b These representations were in fact false The truth was
:

| as stated in Attachment FR-2 b

x '. as follows.

Plaintiff did not receive the sum of $43,000 out of the December 14, 2005 loan, only the sum of $8,000. Furthermore, Defendants and each of them did not pay the obligations of the Estate and the liens upon the subject real property, but only paid a portion thereof. Furthermore, neither the loan of December 14, 2005 or the loan of April 17, 2006 were good loans at a fare interest rate, with low fees and costs.
c When defendant made the representations, 1 x ' defendant knew they were false, or I x defendant had no reasonable ground for believing the representations were true d Defendant made the representations with the intent to defraud and induce plaintiff to act as described in item FR-5 At the time plaintiff acted, plaintiff did not know the representations were false and believed they were true Plaintiff acted in justifiable reliance upon the truth of the representations FR-3 : x ; Concealment a Defendant concealed or suppressed material facts

as stated in Attachment FR-3 a

as follows

See F R - 2 above.
b Defendant concealed or suppressed material facts [x_ defendant was bound to disclose Lx_: by telling plaintiff other facts to mislead plaintiff and prevent plaintiff from discovering the concealed or suppressed facts c Defendant concealed or suppressed these facts with the intent to defraud and induce plaintiff to act as described in item FR-5 At the time plaintiff acted, plaintiff was unaware of the concealed or suppressed facts and would not have taken the action if plaintiff had known the facts Page 4
Page 1 of 2

Fcr~ Approved fs.-OBI C.-.BI use J u dc,ai Council o Ca fcna PLD-C-00-.(3) [Rev ja.-.-.ary 1 2C07]

rAI ICC nc ArTirM C--,..,* CAUSE OF ACTIONFraud

Legal SntiiWrync: !^ BUS

Code of C vil Procecjre. 425 ' 2

PLD-C-OOK3

SHORTTITLE Rodriguez v. Value Home Loan, et

al.

CASE NUMBER

Second
(n.j.-nberj

CAUSE OF ACTIONFraud
Promise Without Intent to Perform a Defendant made a promise about a material matter without any intention of performing it in Attachment FR-4 a ' x as follows See FR-2 above.

FR-4

'

'

as stated

b Defendant's promise without any intention of performance was made with the intent to defraud and induce plaintiff to rely upon it and to act as described in item FR-5 At the time plaintiff acted, plaintiff was unaware of defendant's intention not to perform the promise Plaintiff acted in justifiable reliance upon the promise.

FR-5

In justifiable reliance upon defendant's conduct, plaintiff was induced to act

as stated in Attachment FR-5

I x as follows Plaintiff entered into the loans dated December 14, 2005 April 17, 2006.

and

FR-6

Because of plaintiffs reliance upon defendant's conduct, plaintiff has been damaged

as stated in

Attachment FR-6 HI

asfollows

P l a i n t i f f was damaged in the amount of

$210,000.

FR-7

Other & ~r. doir.g the things herein alleged, Defendants, and each of the-, acted wxch malice, oppression, ana/or fraud as defined under C C ? 3294 !c), e g , willfully and with zhe intent to cause injury to the Plaintiff Defendant's were therefore guilty of malice and/or oppression and/or fraud in conscious disregard of Plaintiff's rights thereby warranting an assessment of punitive damages in the sum of $250,000, which is an amount appropriate to punish Defendants and deter others from encaging in similar iscor.duc~

Page 5
PLD-C-03i(3KRev January 1 2007] CAUSE OF ACTION FfBUd Page 2 of 2

SHORTTITLE Rodriguez v. Value Home Loan, et

al.

CASE NUMBER

1
2

THIRD CAUSE OF ACTION Conspiracy 1. Plaintiff refers to the First and Second Causes of Action and

incorporates them by reference herein. I 2 On or about December 14, 2"Q05 and April 17, 2006, and subsequent

thereto, Defendants and each of them, knowingly and willfully conspired and :agreed among themselves to provide Plaintiff with loans that were not good loans and were not at a fare interest rate and were not with low fees and costs and they knew that they were not going to provide Plaintiff with
:$43,000

proceeds out of the December 14, 2005 loan, but only the sum of

ii :

$8,000, and further, that they would not pay all of the obligations of the Estate and the liens upon the subject real property, but only pay a portion thereof. Defendants, and each of them, did the acts and things herein allege pursuant to, and in furtherance of, the conspiracy and above-alleged agreement.

I 3. Defendants and each of them, furthered the conspiracy by cooperation | : with or lent aid and encouragement to or ratified and adopted the acts of each of the other Defendants, in that each Defendant knew the false representations of the other Defendants and each Defendant specifically intended for the Plaintiff to rely upon said false representations, fully knowing that Plaintiff could be severely injured thereby. ; 4. Plaintiff is informed and believes and thereon alleges that the last

evert act in pursuance of the above-described conspiracy occurred on or

iabout January 23, 2 0 0 6 and May 3, 2 0 0 6 , being the dates of recordation of th

(Required for verified pleading) The items on this page stated on information and belief (specify item numbers, not line This page may be used with any Judicial Council form or any other paper filed with this court
Form Ape ovec by re ADDITIONAL PAGE __

Page 6
CRC201 5C1

'-Sl'r^i Cis3-]
CD. ci !~oTn

Attach to Judicial Council Form or Other Court Paper

SoTuftgns-

_HORTTITLE Rodriguez v. Value Home Loan, et

al.

CASE NUMBER

1
2

THIRD CAUSE OF ACTION Conspiracy (continued) zo above-said Deeds of Trust. 5. As a proximate result of the wrongful acts herein alleged

Plaintiff has been generally damaged in the sum of $210,000. 6. In doing the things herein alleged, Defendants, and each of

ithem, acted with malice, oppression, and/or fraud as defined under

8 9
10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
1

^C.C.P. 3294(c), e.g., willfully and with the intent to cause injury to the Plaintiff. Defendant's were therefore guilty of malice and/or

oppression and/or fraud in conscious disregard of Plaintiff's rights thereby warranting an assessment of punitive damages in the sum of $250,000, which is an amount appropriate to punish Defendants and deter others from engaging in similar misconduct.

(Required for verified pleading) The items on this page stated on information and belief (specify item numbers, not line numbers) This page may be used with any Judicial Council form or any other paper filed with this court
Fc.-~-Approved ay ine ADDITIONAL PAGE
Attach to

27

Page.
CRC 201 5C1

S^iN^fan^-^ss?]
0=!'o-"al Fc-rV. ' "

Judicial Council Form or Other Court Paper

Solutions^ PlUS

SHORTTITLE Rodriguez v. Value Home Loan, et al .

CASE NUMBER

1
2 3

FOURTH CAUSE OF ACTION Constructive Trust Plaintiff incorporates the First through the Third Causes of Action herein as though set forth at length. Plaintiff request that this Court grant a Constructive Trust as to all proceeds of the two said loans that were not properly distributed to ;Plaintiff or paid on valid debts of the Estate or Liens upon the said ,property.

| In the event: chat this Court is unable to Quiet Title to Plaintiff and set i 10 i aside the foreclosure, and said property is sold, Plaintiff requests that 11 this Court grant a Constructive Trust as to all proceeds of said sale in

12 jexcess of the sum owed at the time of the foreclosure sale.

13
14 15 16 17 18 19 20 21 22 23 24 25
26

(Required for verified pleading) The items on this page stated on information and belief (specify item numbers, not line numbers) i - This page may be used with any Judicial Council form or any other paper filed with this court Fern Approved oyihe """ """""f71 ADDITIONAL PAGE Attach to Judicial Council Form or Other Court Paper Legal SoluSonsPaae 8
CRC2G1 5C1

27

'

SHORT TITLE Rodriguez v. Value Home Loan, et

1 ' 2 ' 3

al.

CASE NUMBER

FIFTH CAUSE OF ACTION Quiet Title Plaintiff incorporates the First, Second, Third and Fourth Causes of Action herein as though set forth at length. Plaintiff names as Defendants in this action all persons known or unknown claiming any right or interest in the property described in the Complaint adverse to Plaintiff's title, or any cloud on Plaintiff's Title to

|the
i

property. The claims of each such known and unknown Defendant are

: without any right, and these Defendants have no right, title, estate, lien 10 or interest in the properties described above or in any part of it. 11 Plaintiff seeks Quiet Title as of the date of filing this Complaint.

12
13 14 15 16 17 18 19 20 21 22 23 24 25
26

(Required for verified pleading) The items on this page stated on information and belief (specify item numbers, not line numbers) ! This page may be used with any Judicial Council form or any other paper filed with this court
For-: Aoprcved 3y tie ADDITIONAL PAGE

27

Page_9_
CRC 201 5C1

,^2cSl^iS;
CD'.-cna Form
1

Attach to

Judicial Council Form or Other Court Paper

SduSgns-

VERIFICATION STATE OF CALIFORNIA, COUNTY OF Sacramento I have read the foregoing Complaint and know its contents CHECK APPLICABLE PARAGRAPHS I am a party to this action The matters stated in the foregoing document are true of my own knowledge except as to those matters which are stated on information and belief, and as to those matters I believe them to be true I am an Officer a partner ja of a party to this action, and am authorized to make this verification for and on its behalf, and I make this verification for that reason ^ I am informed and believe and on that ground allege that the matters stated m the foregoing document are true ' The matters stated in the foregoing document are true of my own knowledge, except as to those matters which are stated on information and belief, and as to those matters I believe them to be true Fx"; I am one of the attorneys for Mercedes Rodriguez a party to this action Such party is absent from the county of aforesaid where such attorneys have their offices, and I make this verification for and on behalf of that party for that reason I am informed and believe and on that ground allege that the matters stated in the foregoing document are true Executed on March 7, 2 0 0 8 , at Sacramento ^^ , California I declare under penalty of perjury under the laws of the State of California

William Dedman
Type or Print Name Signature

PROOF OF SERVICE
1C133 (3) CCP Revised 5"/68

STATE OF CALIFORNIA, COUNTY OF I am employed in the county of I am over the age of 18 and not a party to the within action, my business address is On, I served the foregoing document described as on

, State of California

in this action

_ _j by placing the true copies thereof enclosed in sealed envelopes addressed as stated on the attached mailing list by placing the original a true copy thereof enclosed in sealed envelopes addressed as follows

: BY MAIL

[7 l~ I

C *l deposited such envelope in the mail at , California The envelope was mailed with postage thereon fully prepaid As follows I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing Under that practice it would be deposited with U S postal service on that same day with postage thereon fully prepaid at California in the ordinary course of business I am aware that on motion of the party served, service is presumed invalid if postal cancellation date or postage meter date is more than one day after date of deposit for mailing in affidavit Executed on , at , California **(BY PERSONAL SERVICE) I delivered such envelope by hand to the offices of the addressee Executed on , at , California (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was made
Type or Print Name Signature (BY MA!L SIGNATURE MUST BE OF PERSON DEPOSITING ENVELOPE iN MAIL SLOT, BOX. OR BAG) "(FOR PERSONAL SERVICE SIGNATURE MUST BE THAT OF MESSENGER)

Solutions-

Rev

7/99