No. 22-6410

Pernell El v. Wells Fargo Bank, N.A., et al.

Lower Court: Ninth Circuit
Docketed: 2022-12-28
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: civil-procedure foreclosure-preemption fraud perez-v-mortgage-electronic-registration standing treaty-obligations
Key Terms:
JusticiabilityDoctri
Latest Conference: 2023-03-31 (distributed 2 times)
Question Presented (AI Summary)

issue being raised

Question Presented (OCR Extract)

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

Docket Entries

2023-04-03
Rehearing DENIED.
2023-03-15
DISTRIBUTED for Conference of 3/31/2023.
2023-03-06
2023-02-21
Petition DENIED.
2023-02-02
DISTRIBUTED for Conference of 2/17/2023.
2023-01-12
Waiver of right of respondents Wells Fargo Bank, N.A. and Charles Scharf to respond filed.
2023-01-03
Waiver of right of respondents Carrington Mortgage Services, LLC; Bruce Rose; and Mortgage Electronic Registration Systems, Inc. to respond filed.
2022-12-06
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 27, 2023)

Attorneys

Carrington Mortgage Services, LLC; Bruce Rose; and Mortgage Electronic Registration Systems, Inc.
Parisa JassimAkerman LLP, Respondent
Parisa JassimAkerman LLP, Respondent
Pernell El
Pernell El — Petitioner
Pernell El — Petitioner
Wells Fargo Bank, N.A. and Charles Scharf
Karin Dougan VogelSheppard Mullin Richter Hampt., Respondent
Karin Dougan VogelSheppard Mullin Richter Hampt., Respondent