Pernell El v. Wells Fargo Bank, N.A., et al.
JusticiabilityDoctri
issue being raised
No question identified. : QUESTION (S) PRESENTED 1 Weather the district court errored, by dismissing the Petitioner’s claim based on the standard of Perez v. Mortgage Electronic Registration Sys. 959 F 3d. 334 (9th cir. 2020). Wherein, the preemptive foreclosure argument was inapplicable, as it was not argued by the Petitioner. 2. Weather the appeals court errored, in dismissing the Petitioner’s claim based on Smelt v. County of Orange, 447 F. 3d 673 (9 Cir. 2006), st ? Petitioner’s private right as the signatory, is a non issue, and without question. 3. Whether the district court errored, by not “.construe the complaint in a light most favorable to the plaintiff, accept all of the factual allegations as true, and determine whether the plaintiff undoubtedly can prove no set of facts in support of his claims that would entitle him to relief.” Amadasu v. The Christ Hosp., 514 F.3d 504, 506 (6th Cir. 2008). EE a 4. Whether the court of appeals errored by not reviewing the case de novo, and ignoring the Petitioner’s fraud claim. See Amburgey v. United States, 733 F.3d 633, 636 (6th Cir. 2013). 5. Under the principle of lis pendent, was Wells Fargo Bank Na, allowed to transfer interest in the property, after the case commenced? 6. Under applicable treaty obligations, were the lower courts . obligated, to give due consideration, to said obligation? See Louis oo ' Henkin, Foreign Affairs an the U.S: Constitution (2d ed. 1996) © °° . Restatement (Fourth) of Foreign Relations § 307 cmt. a (2018) 7. Whether the district court appeals errored, by not giving due consideration to the evidence presented by the Petitioner, See Boyd vs. Boss (Ont. CA 2021) 8. Under federal law, 12 CFR 1026. 39, “covered person” can the defendant Wells Fargo Bank NA own the loan and act as the servicer? 9. Under federal regulation12(b)(6) motion, did the district and appeals court error, by relying on the Respondents, reply response argument, and not their affirmative defense? ‘ il PARTIES AND