[00:00:00] Speaker 00: Good morning. [00:00:21] Speaker 00: All right. [00:00:23] Speaker 00: Ms. [00:00:25] Speaker 00: Mazemi, would you like to reserve any time for rebuttal? [00:00:29] Speaker 01: Yes, Your Honor. [00:00:31] Speaker 00: How much time? [00:00:33] Speaker 01: Eight minutes. [00:00:34] Speaker 00: Eight minutes, all right. [00:00:35] Speaker 00: So you'll have to keep track of the clock yourself. [00:00:39] Speaker 00: I'll try to warn you when we're approaching your eight minutes, but you're going to be responsible for stopping your argument when that time approaches. [00:00:49] Speaker 01: Thank you, Your Honor. [00:00:49] Speaker 00: All right, go ahead. [00:00:51] Speaker 01: Your Honor, the reason I'm here in front of you is to basically I'm asking for justice, which hasn't been done for the past several years. [00:01:02] Speaker 01: Unfortunately, due to the lower courts' grievous [00:01:07] Speaker 01: mistake. [00:01:10] Speaker 01: I've lost everything. [00:01:11] Speaker 01: My family was sabotaged and I've sent documents to 25 different government entities and they all verified that Wells Fargo actually forged documents. [00:01:25] Speaker 01: I've never had a loan with them. [00:01:26] Speaker 01: I've never known them. [00:01:27] Speaker 01: I had [00:01:28] Speaker 01: savings account and checking accounts with them. [00:01:30] Speaker 01: Somehow they figured out my address. [00:01:33] Speaker 01: And during the government handouts, they kind of went after minorities, women, and forged documents. [00:01:41] Speaker 01: And because of that, and because of their kind of strong name, I cannot really address this any stronger, that Judge Taylor actually sit on the records. [00:01:57] Speaker 01: without even Wells Fargo being present, that she believes them and they called Judge Taylor. [00:02:03] Speaker 01: And I told her, Judge, I'm telling you, I don't have anything. [00:02:08] Speaker 01: Wells Fargo has to prove their point. [00:02:11] Speaker 03: Ms. [00:02:11] Speaker 03: Nazemi, let me ask you. [00:02:13] Speaker 03: I want to focus on the issue that's before us. [00:02:15] Speaker 01: I appreciate it. [00:02:16] Speaker 03: And Judge Taylor dismissed your adversary action. [00:02:21] Speaker 03: And it sounds like what you're arguing is that she shouldn't have dismissed it. [00:02:25] Speaker 03: but but but you didn't appeal the dismissal yet fourteen days to appeal the dismissal but later [00:02:34] Speaker 03: You filed a motion to vacate. [00:02:36] Speaker 03: Now you did file an appeal within 14 days of the denial of your motion to vacate. [00:02:45] Speaker 03: But isn't this matter for us, what we have to decide is whether the motion to vacate was properly denied and not whether the complaint was properly dismissed. [00:02:57] Speaker 01: I am not an attorney. [00:02:59] Speaker 01: The reason I'm here is because Judge Taylor and the gentleman who is Judge Taylor's clerk. [00:03:07] Speaker 01: I did, when I filed for adversary actions a few several times, [00:03:12] Speaker 01: And due to delayed discoveries, I did it again. [00:03:14] Speaker 01: I asked them. [00:03:16] Speaker 01: The delayed discoveries is I had forensic auditors from the government agencies, one of them being CFPB, examining the documents that Wells Fargo actually sent them. [00:03:26] Speaker 01: They never sent anything to Judge Taylor indicating that they have a possession or any type of a claim against my house. [00:03:34] Speaker 01: They never sent anything to Judge Taylor, nor did Judge Taylor even ask them. [00:03:39] Speaker 01: So because of that, I did my own homework, and I demanded these government entities. [00:03:44] Speaker 04: If I can interrupt, one of the problems that I have is that your underlying bankruptcy in 2019 was dismissed. [00:03:52] Speaker 04: So there is no bankruptcy. [00:03:55] Speaker 04: And as a bankruptcy court, we are all courts of limited jurisdiction. [00:04:00] Speaker 04: We have to deal with bankruptcy. [00:04:03] Speaker 04: And I understand that you filed the adversary in part because you believe there was a stay violation. [00:04:09] Speaker 01: I guess rule 60 indicates that if you can go back because of the finding of the fraud, the late discovery, rule 60 allows you to go back and reopen that specific bankruptcy. [00:04:26] Speaker 04: You're not seeking to reinstate the 2019 bankruptcy. [00:04:30] Speaker 04: That's the problem, right? [00:04:32] Speaker 04: The underlying thing that gives us jurisdiction is that there is a bankruptcy, and there is no bankruptcy anymore, and you don't seek to have the bankruptcy from the past reinstated. [00:04:41] Speaker 04: You just want to litigate with Wells Fargo, and I understand that. [00:04:44] Speaker 04: But the only thing that really touched upon bankruptcy was your claim that they violated the stay way back when by the foreclosure. [00:04:54] Speaker 04: And that's the whole, what we call the NREM matter, which is addressed, and it's bankruptcy, and we get that. [00:05:03] Speaker 04: But if we don't accept that, then there really is nothing related to bankruptcy in your case, is there? [00:05:09] Speaker 01: I do want to go back, Your Honor, and do reopen that specific bankruptcy. [00:05:13] Speaker 01: That's why, according to Rule 60, I requested for that specific bankruptcy case to be reopened and to review. [00:05:21] Speaker 04: And they said Judge Taylor is no longer... I thought the only thing you did after you reopened was filed the adversary case. [00:05:27] Speaker 01: No, I asked for it to be reopened, and then I filed the adversary action. [00:05:31] Speaker 04: And what is else going on in the bankruptcy? [00:05:32] Speaker 04: Because the bankruptcy is still dismissed. [00:05:34] Speaker 01: Correct, because Judge Taylor refuses to do anything on it. [00:05:38] Speaker 04: But what did you want her to do in the bankruptcy? [00:05:40] Speaker 01: I want her to reopen the case and re-review the whole thing, and then if... When you say the whole thing, what does that mean? [00:05:46] Speaker 04: Because it really sounds like it's well as far ago. [00:05:48] Speaker 01: Yeah, it was only Wells Fargo. [00:05:50] Speaker 01: I've never had any loan with anyone, Your Honor. [00:05:53] Speaker 04: That's what I think Judge Taylor was saying is that you can go to another court, a court of more general jurisdiction, which means they consider everything, not just bankruptcy. [00:06:01] Speaker 04: And again, that's the problem is that we are such a limited jurisdiction to bankruptcy that if you do not have the underlying bankruptcy, there's really no reason for it to be within a bankruptcy court. [00:06:10] Speaker 01: Correct, Your Honor, but that specific issue goes around that specific problem. [00:06:16] Speaker 01: I filed bankruptcy on the 26th of September, 2020, I'm sorry, 2019. [00:06:24] Speaker 01: They were served. [00:06:24] Speaker 01: Wells Fargo was served. [00:06:26] Speaker 01: On the 27th of that same month, which is the day after, Wells Fargo moved forward in foreclosing. [00:06:34] Speaker 01: I'm not sure what they did. [00:06:36] Speaker 01: The whole thing is fraud. [00:06:37] Speaker 01: They didn't even go to the steps of such-and-such a courthouse. [00:06:42] Speaker 01: Yes, Your Honor, I do have another lawsuit against Wells Fargo at the civil side, but this case has to be reopened and Wells Fargo has to return the house that they've stolen through the bankruptcy. [00:06:52] Speaker 04: But from the bankruptcy perspective again, that very narrow perspective we're looking at. [00:06:57] Speaker 04: Right. [00:06:57] Speaker 04: You're saying it violated the stay that arose when you filed your bankruptcy, and Wells Fargo is saying no, it didn't, because we got this order in the prior bankruptcy that allowed us to record that order for relief in the prior and have it affect the actual property. [00:07:13] Speaker 04: So any bankruptcy filed in two years later is not subject to that stay. [00:07:19] Speaker 04: And that's really the only question before us on a bankruptcy issue, isn't it? [00:07:23] Speaker 01: They never got an order from Judge Taylor to move forward. [00:07:26] Speaker 01: In 2014, I filed a bankruptcy. [00:07:33] Speaker 01: That's why they started harassing me for a while. [00:07:38] Speaker 01: That's why I had him to send you all these documents from the lower courts. [00:07:41] Speaker 01: In 2014, we filed a bankruptcy. [00:07:43] Speaker 01: At the time, I had an attorney. [00:07:46] Speaker 01: My attorney demanded Wells Fargo to, because they asked Judge Taylor to remove me from state, and Judge Taylor demanded Wells Fargo to prove their point, that do you have a proof of claim? [00:07:59] Speaker 01: If you do, I definitely will remove her from state, and you can go ahead and move forward with the foreclosure, which I never had alone with them. [00:08:06] Speaker 01: Judge Taylor gave them 14 days, they never showed up, they never brought any documents indicating they have a proof of claim on my property, which is 260 Camino del Cerro Grande. [00:08:18] Speaker 01: That case was discharged, Your Honor, in 2014. [00:08:21] Speaker 01: Wells Fargo went away because they had no proof of claim. [00:08:24] Speaker 01: In 2015, 2016, they regenerated a brand new loan number. [00:08:30] Speaker 01: which means they just fabricated all the documents, everything that they thought they could get away this time if I take him back to court. [00:08:39] Speaker 01: They were hoping nobody will find out. [00:08:40] Speaker 01: So they never got a clear path or any documentation from the lower court indicating that they can move forward with this cell. [00:08:51] Speaker 01: They did not. [00:08:51] Speaker 01: There's nothing in any documents that you can find at the lower court that Judge Taylor allowed them to move forward [00:08:59] Speaker 01: or release me from stay. [00:09:00] Speaker 01: They just did it because they think they can. [00:09:03] Speaker 01: They're above the law. [00:09:04] Speaker 04: Well, I think we'll get into that later. [00:09:06] Speaker 04: I want to remind you, you're now about six and a half minutes left in your argument you asked for. [00:09:11] Speaker 04: So if you want to stop now, we can talk about this later, or you can continue. [00:09:16] Speaker 01: I can perhaps continue later after I hear his... Is that okay? [00:09:22] Speaker 01: Yes. [00:09:36] Speaker 05: Good morning, Your Honors. [00:09:37] Speaker 05: Andrew Still of Snell and Wilmer for the Appellee Wells Fargo Bank. [00:09:42] Speaker 05: May it please the Court. [00:09:46] Speaker 05: Your Honors, I'd like to start with the question of which order is actually being appealed. [00:09:51] Speaker 05: As the Court noted, it could be the motion to vacate. [00:09:54] Speaker 05: The order itself that appears to be the order that was the issue of the appeal, it's titled [00:10:03] Speaker 05: It's unclear if it's an order on the motion to vacate or if it's an order requesting that Judge Taylor transfer the case to another judge. [00:10:12] Speaker 05: Treating it as an order denying the motion to vacate, I believe that is the proper issue in front of the court. [00:10:19] Speaker 05: On the motion to vacate, it was properly denied. [00:10:23] Speaker 05: There's nothing new in the motion to vacate that bears on anything that occurred in connection with the motion to dismiss, which was not a cure. [00:10:36] Speaker 05: All of the fraud, alleged fraud, that's discussed in the motion to vacate relates to [00:10:45] Speaker 05: alleged fraud underlying the original loan transaction and subsequent foreclosure of the property. [00:10:52] Speaker 05: It does not relate to any fraud, you know, any alleged fraud on the court itself. [00:11:01] Speaker 05: Regarding the fact that bankruptcy courts are courts of limited jurisdiction, that's exactly right. [00:11:07] Speaker 05: And that was the view that Judge Taylor took when she ruled on the motion to dismiss. [00:11:13] Speaker 05: She ruled on the core bankruptcy claim, and as to the remaining 16 claims, she dismissed those without prejudice. [00:11:22] Speaker 05: She had previously dismissed a similar adversary proceeding in 2020 in the same bankruptcy case and made similar findings that these are non-core claims, you know, there's a more appropriate form in which to assert these claims. [00:11:36] Speaker 05: And that is essentially the same ruling that she made in this adversary, 2024 adversary proceeding. [00:11:43] Speaker 05: This is not included in the record, but Ms. [00:11:46] Speaker 05: Nazemi did mention that there is a pending state court lawsuit. [00:11:54] Speaker 05: We learned about this lawsuit last month, or late December, I should say. [00:11:58] Speaker 05: And it's a substantially similar lawsuit. [00:12:02] Speaker 05: It relates to the original loan transaction, the alleged fraud in the foreclosure. [00:12:08] Speaker 05: That was filed in February of 2024 in San Diego Superior Court. [00:12:13] Speaker 05: It's case number 37-2024-00010828. [00:12:20] Speaker 05: It also alleges that that case actually has 24 causes of action. [00:12:25] Speaker 05: It is largely duplicative. [00:12:28] Speaker 05: We've met and conferred with the appellant on that case. [00:12:31] Speaker 05: We believe that service of that lawsuit was defective, but we were waiving that issue. [00:12:35] Speaker 05: We intend to respond to the complaint. [00:12:38] Speaker 05: So while this issue itself was not raised in the lower court, I would just like to note that there is no prejudice to the appellant in connection with Judge Taylor's ruling, because the underlying ruling [00:12:49] Speaker 05: at least as it relates to the core bankruptcy issue of the alleged violation of automatic stay, that frankly, it's a fairly straightforward, limited question as to whether the bank had relief from stay, in rem relief from stay under 362D4, whether it properly perfected that relief by recording the order, which it did, [00:13:21] Speaker 05: And just to be clear, the bankruptcy case in which it obtained that relief from state is case number 18-02969 of the Southern District, of course. [00:13:32] Speaker 05: And that recorded relief from state order was submitted in connection with the motion to dismiss. [00:13:39] Speaker 05: It is on the docket. [00:13:42] Speaker 05: So the allegation that there was no order is just false, and it is part of the record. [00:13:52] Speaker 05: You know, that order was entered on July 18th, 2018. [00:14:01] Speaker 05: It was recorded on July 25th, 2018, and pursuant to 11 U.S.C. [00:14:08] Speaker 05: Section 362-D4, [00:14:13] Speaker 05: future bankruptcy filings would operate to stay the foreclosure. [00:14:18] Speaker 05: So, you know, I can see that the bankruptcy filing in 2019 on September 26, 2019, the foreclosure still occurred on September 27, 2019, but the bank had really from stay and had properly perfected its interim relief. [00:14:35] Speaker 00: So, you know, that goes, of course, to the motion to dismiss, but we're really not talking about the motion to dismiss and the correctness of that ruling. [00:14:44] Speaker 00: We're really here for a 60B3 motion, fraud, misrepresentation, or other misconduct of an adverse party. [00:14:53] Speaker 00: And the standard is, of course, clear and convincing evidence. [00:14:58] Speaker 00: And the fraud must not have been discoverable previously. [00:15:05] Speaker 00: Does this qualify for 60B, this motion to vacate? [00:15:11] Speaker 00: Should that have been granted, the 60B-3 motion, just looking at that issue? [00:15:16] Speaker 05: Well, no, Your Honor, because in the motion to vacate, no fraud is discussed related to the issues pending before the court. [00:15:26] Speaker 00: Well, there's allegations of fraud, but those relate to the general that Ms. [00:15:31] Speaker 00: Nazemey claims [00:15:32] Speaker 00: Generally of the fraud committed by Wells Fargo and forging the note, right? [00:15:37] Speaker 05: Well, that's right your honor, but it doesn't relate to fraud on the court And for that reason, you know, the the bankruptcy court was well within its discretion to deny that motion Unless the court has any further questions I'm prepared to submit Thank you [00:16:07] Speaker 01: Thank you, Your Honor. [00:16:10] Speaker 03: Now, Sammy, in the minutes you have left, would you please tell me what new arguments you raised in the motion to vacate? [00:16:24] Speaker 03: your honor um... not not the arguments that you raised in connection with uh... motion to dismiss or in your in your adversary complaint but what new arguments were raised the motion to vacate itself i don't think i'm understanding that question what we're looking at here the order on appeal being the order denying your motion to vacate alleged fraud on the court [00:16:55] Speaker 03: Was anything new raised? [00:16:57] Speaker 03: Aren't these just a repetition of the arguments you made before? [00:17:03] Speaker 01: No, Your Honor, those arguments were made, what I understand you're addressing for the 2019, I apologize, I've gone through so much stress that my brain kind of shuts down. [00:17:20] Speaker 01: The argument I understand that you're saying on 2019 when this bankruptcy was filed, [00:17:26] Speaker 01: on the 26th of September, Wells Fargo cannot assume that they can go ahead and foreclose and do whatever they like because they're Wells Fargo. [00:17:35] Speaker 03: You raised those arguments in connection with the motion to dismiss your complaint. [00:17:45] Speaker 03: And I think the motion to dismiss the complaint, I think that order was in May of 2024. [00:17:53] Speaker 03: Later, you file a motion to vacate. [00:17:58] Speaker 03: What new in your motion to vacate did you bring to the court's attention? [00:18:03] Speaker 03: Something different from what was argued before the court in connection with the motion to dismiss the complaint. [00:18:10] Speaker 01: Because we never had a hearing. [00:18:13] Speaker 01: When Wells Fargo foreclosed on the house on the 27th, Judge Taylor never allowed, they never filed anything for it to be moving forward for the foreclosure. [00:18:23] Speaker 01: That's why in 2019, if I'm understanding what you're saying, I filed a motion. [00:18:28] Speaker 01: for to vacate that the the I guess their foreclosure meaning like to go back and tell the judge they should not have foreclosed on the house when they have nothing proving that basically they broke the law by foreclosing on the house but you raised those arguments previously right that that's why I'm saying they broke the law so are you raising this in your motion to vacate you're repeating the same arguments you made before [00:18:59] Speaker 01: Sorry, what date was that motion? [00:19:00] Speaker 03: Well, I think the denial of your motion to vacate was on June 4th of 2024. [00:19:07] Speaker 03: I think the motion to vacate was actually filed on May 31st of 2024. [00:19:16] Speaker 03: So the arguments in connection with the dismissal of the complaint, I think, were earlier in May. [00:19:24] Speaker 01: Yes, Your Honor, because I also filed it back in 2019, begging for justice to be served. [00:19:34] Speaker 01: In 2024, the reason for that was the delayed discovery, meaning that [00:19:39] Speaker 01: Up to that point, I was just saying, I have no loan with these people, and they're forging documents and all. [00:19:44] Speaker 01: It was just my saying, not documents being approved by government agencies. [00:19:50] Speaker 01: When I requested one to CFPB in 2020 and 2024, asked CFPB to ask Wells Fargo, they stole my house, what do I do? [00:20:00] Speaker 01: Wells Fargo actually submitted directly these documents to CFPB, and they had it verified by a forensic auditor. [00:20:08] Speaker 01: Auditor, I'm sorry, my tongue gets twisted. [00:20:11] Speaker 01: And that auditor said all these documents are fraud. [00:20:14] Speaker 01: They actually forged a notary stamp and put it in the back of the documents, which has nothing to do with that house. [00:20:22] Speaker 01: It's the same address. [00:20:23] Speaker 01: Everything is correct on it, except this document is forged and made up. [00:20:27] Speaker 01: So that's why I ran back to Judge Taylor telling her, look, I was telling you throughout this whole time, but now I have the proof for it. [00:20:37] Speaker 01: Can you please reopen this case and go back? [00:20:39] Speaker 01: And now it proves that Wells Fargo should not have foreclosed on the 27th of September 2019 without the judge's permission. [00:20:48] Speaker 01: The judge is sitting there for a reason. [00:20:50] Speaker 03: But all those arguments, those were made by you. [00:20:55] Speaker 03: before Judge Taylor ruled on the motion to dismiss your complaint, correct? [00:21:02] Speaker 01: No, we never went to the court with Judge Taylor, Your Honor. [00:21:07] Speaker 01: I did not have a hearing 2019. [00:21:09] Speaker 03: They foreclosed on the... I'm talking about the arguments you just were outlining for me. [00:21:16] Speaker 03: Weren't those arguments made to Judge Taylor before May 15th, 2024? [00:21:25] Speaker 01: Yes, those arguments were made in her court and she just said they called me and I believed them. [00:21:30] Speaker 01: This was like two weeks after they foreclosed on my house and they took my house. [00:21:34] Speaker 01: I demanded to see her because I never did see her. [00:21:37] Speaker 01: I said, look, they stole my house, Judge Taylor, and because of this reason. [00:21:42] Speaker 01: And she said, they just called me and I believed them. [00:21:46] Speaker 03: You think Judge Taylor was wrong, but she did dismiss your complaint. [00:21:52] Speaker 03: You didn't file a notice of appeal. [00:21:53] Speaker 01: I did, Your Honor. [00:21:55] Speaker 03: Not within 14 days. [00:21:56] Speaker 03: I did, Your Honor. [00:21:58] Speaker 03: 14 days of when she dismissed your complaint. [00:22:00] Speaker 01: I did, Your Honor. [00:22:01] Speaker 01: I filed that, and also I filed an adversary indicating why I feel that I should have an adversary hearing with the jury, trial jury. [00:22:10] Speaker 01: Your Honor, something is wrong with that courtroom. [00:22:12] Speaker 01: They're hiding my stuff. [00:22:13] Speaker 01: When I call them, things are missing. [00:22:16] Speaker 01: And I went and I demanded for the hearing, you know, transcripts to be sent to you. [00:22:20] Speaker 01: They're not, they just disappeared. [00:22:24] Speaker 01: I'm not, you know, it's just that's why I have these documents from the government entities, because something is wrong with that courtroom, Your Honor. [00:22:32] Speaker 01: They're hiding things. [00:22:33] Speaker 01: They're doing things illegally, and there's a lot of shady stuff is going down there. [00:22:38] Speaker 01: That's why I lost my house without anyone even questioning. [00:22:42] Speaker 01: I mean, why would I even be here in front of you, Your Honor? [00:22:44] Speaker 01: If they did their job correctly and they protected my constitutional rights, civil rights, due process. [00:22:51] Speaker 01: I had no due process, and they're hiding every document I'm giving them. [00:22:55] Speaker 01: It disappears. [00:22:57] Speaker 01: Somehow it disappears. [00:22:58] Speaker 01: I mean, it was in the computer. [00:23:00] Speaker 01: One day I went there and I saw it, and the next day it's not there anymore. [00:23:05] Speaker 01: So this is not your regular, Your Honor. [00:23:08] Speaker 01: Again, I wouldn't waste your time if I didn't think there's something in just here. [00:23:15] Speaker 01: It's not just me. [00:23:16] Speaker 01: There's a lot of shady stuff going on in that specific courtroom. [00:23:19] Speaker 01: That's why Wells Fargo thought they could get away with it. [00:23:22] Speaker 01: And they did. [00:23:22] Speaker 01: They sold my house. [00:23:24] Speaker 01: And here I am in front of you asking for your justices to serve justice in my civil rights. [00:23:32] Speaker 01: That's all I'm asking. [00:23:33] Speaker 00: The house was sold to a third party, right? [00:23:36] Speaker 00: It was Wells Fargo didn't take it. [00:23:37] Speaker 00: It hasn't been sold, Your Honor. [00:23:38] Speaker 01: They sold it to someone who's from Mexico because I'm still the title owner. [00:23:42] Speaker 01: Under the, I have the... So are you still in the house? [00:23:47] Speaker 01: I'm not in the house. [00:23:48] Speaker 01: They took the house. [00:23:49] Speaker 01: Took the house, all right. [00:23:49] Speaker 01: They took the house by force. [00:23:51] Speaker 01: They gave it to these Mexican entities and the title has not been transferred yet. [00:23:56] Speaker 00: All right, thank you. [00:23:57] Speaker 00: Thank you, Your Honor. [00:23:58] Speaker 00: Thank you for your argument. [00:23:58] Speaker 00: You're over time. [00:23:59] Speaker 00: We'll consider it and we'll issue a ruling promptly. [00:24:02] Speaker 01: May I ask you one last thing? [00:24:04] Speaker 01: Would you please look into this and demand Wells Fargo to give me my house back while we're still at the civil case to get them justice served? [00:24:13] Speaker 00: We will issue a ruling considering all the pleadings and the arguments. [00:24:17] Speaker 00: Thank you. [00:24:18] Speaker 00: All right. [00:24:19] Speaker 00: That's the end of our calendar. [00:24:20] Speaker 00: The court is in recess.