Those that perpetrated the fraud from the beginning through the end of the alleged sale are addressed in the following court documents presented to the Glenn County Court. Copies of the audio transcripts are available, except for the last one in which Judge Peter Billiou Twede dismissed the action taken against Deutsche Bank et al. This audio should still be available at the Glenn County Court House records.
SPECIAL NOTE: The property was given to Deutsche Bank by Judge Peter Billiou Twede. Deutsche Bank then sold the property at a local "alleged legal" auction to the highest bidder. The property was purchased at the auction by Judge Peter Billiou Twede's relative Michael Joseph Billiou III. Michael Joseph Billiou the THIRD (III) has now taken illegal possession and is currently obstructing and redirecting the natural Stoney Creek.
Michael Joseph Billiou the III has now taken control of the natural water way and has been digging gravel and illegally changing the natural habitat and natural eco-system which is not in compliance with the rules and regulations protecting these natural water ways, a direct tributary to the Sacramento River.
The actions in court are better explained through the actual court documents themselves and these follow here:
After the initial Unlawful Detainer service the defendent filed the following DEMUR: (actual filed copy reads the same and of course includes the exhibits. The copy of that filed in the court has not been scanned but is available for scanning and presentation for review as needed.)
Case No.: 10NUD00320
DEMURRER OF SARINA ANN NELSON TO THE UNLAWFUL DETAINER COMPLAINT OF DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE OF THE INDYMAC IMSC MORTGAGE CO.
Judge overruled the Demur. An Answer was filed on 12/27/10:
Answer to Unlawful Detainer - 12-27-10
Affirmative Defense - 12-28-10
Attempted to contact many Attorneys in the area but most were out of town for the holidays, those that weren't did not have their offices open and couldn't respond until after the first of the year. We were able to find Helen Duree who agreed to help us move ahead in filing a trial brief after reviewing the specifics of the case.
Trial Brief Filed - 01-24-11
PLAINTIFF'S OPPOSITION TO SET ASIDE
JUDGMENT ENTERED FEBRUARY 4, 2011
AS VOID FOR LACK OF JURISDICTION;
DECLARATION OF ROSEMARY NGUYEN
IN SUPPORT THEREOF - 06-06-11
Response to Plaintiff's Opposition To Set Aside
Judgement Entered February 4, 2011 As Void For
Lack Of Jurisdiction; Declaration of Rosemary
Nguyen In Support Thereof - 06-06-11
___________________________________________________________________________
From Glenn County Court Online Database:
| Case Number: | 10NUD00320 |
| Case Title: | DEUTSCHE BANK NATIONA VS NELSON, SARINA ANN |
| Case Type: | UNLAWFUL DETAINER * RESIDENTIA |
| Filing Date: | 10/08/10 |
| Disposition Date: | 01/24/11 |
| JUDGMENT FOR PLAINTIFF(S) |
| Name | Type | Attorney |
| DEUTSCHE BANK NATIONAL TRUST COMPANY | PLAINTIFF | ROUTH CRABTREE OLSEN, P.S. |
| NELSON, SARINA ANN | DEFENDANT | PRO PER |
| ALL OCCUPANTS | ALL OCCUPANTS |
| Date | Action Description |
| 06/03/11 | D'S POS RE: RESPONSE TO P'S OPPOSITION BY FAX ON 6/03/11 AS TO DEFENDANT |
| 06/03/11 | D'S RESPONSE TO PLTF'S OPPOSITION TO SET ASIDE JUDGMENT |
| 05/27/11 | P'S OPPOSITION TO SET ASIDE JUDGMENT ENTERED 2/4/11 |
| 05/10/11 | CRT'S ORDER AFTER HEARING HELD ON 5/02/2011 *POS ATTACHED* |
| 05/10/11 | CRT'S MINUTE ORDER IN RE: PLAINTIFF'S REQUEST FOR STATEMENT OF DECISION |
| 05/10/11 | CRT'S OSC RE: SET ASIDE JUDGMENT ENTERED 2/4/11 FOR LACK OF JURISDICTION *HRG SET 6/06/11* |
| 04/29/11 | DEFT'S RESPONSE TO PLNTF'S OPPOSITION TO DEFT'S EXPARTE APP FOR STAY OF ENF OF JUDG |
| 04/29/11 | PROOF OF SERVICE BY FAX TO ROSEMARY NGUYEN ON 4/20/2011 |
| 04/27/11 | PLAINTIFFS OPPOSITION TO DEFENDANTS EX PARTE APP FOR STAY OF ENFORCEMENT OF JUDGMENT |
| 04/11/11 | PRF OF SVC AS TO EX PARTE APPLICATION MLD 4/11/11 SHAHED SHAHANDEH DEUTSCHE BANK |
| 04/11/11 | ORDER ON EXPARTE APPLICATION OF ENFORCEMENT OF JUDGMENT AND WRIT OF POSSESSION |
| 04/11/11 | NOTICE OF CHANGE OF ADDRESS |
| 04/08/11 | D'S EX PARTE MOTION/APPLICATION FOR STAY OF EXECUTION |
| 02/17/11 | PRF OF SVC AS TO PLAINTIFF BY MAIL ON 02/17/11 AS TO EX PARTE APPLICATION FOR STAY OF JUDGME |
| 02/16/11 | SUBSTITUTION OF ATTY; NEW: SELF REPRESENTED OLD: HELEN DUREE |
| 02/16/11 | DECLARATION RE: NOTICE OF EX PARTE APPLICATION FOR ORDER |
| 02/16/11 | EX PARTE APPLICATION FOR STAY OF ENFORCEMENT OF JUDGMENT, MEMO & DECLARATION OF SARINA NELSON |
| 02/10/11 | JUDGMENT-UNLAWFUL DETAINER BY COURT *POSSESSION ONLY* |
| 02/10/11 | WRIT OF POSSESSION OF REAL PROPERTY ISSUED CK#99674 |
| 01/24/11 | NOTICE OF TRIAL DATE RETURNED |
| 01/21/11 | DEUTSCHE BANK NATIONAL TRUST CO TRIAL BRIEF |
| 01/14/11 | DEFENDANT SARINA NELSON'S TRIAL BRIEF |
| 01/13/11 | NTC: COURT TRIAL - SHORT CAUSE (U.D.) PREVIOUSLY RESCHEDULED DUE TO COURT |
| 01/05/11 | REQUEST TO ENTER DEFAULT AS TO ALL OTHER OCCUPANTS |
| 01/05/11 | AT-ISSUE MEMORANDUM FILED BY: PLAINTIFF REQ NON-JURY TRIAL, 0.5 HOURS |
| 01/05/11 | NTC: COURT TRIAL - SHORT CAUSE (U.D.) |
| 12/28/10 | ANSWER-UNLAWFUL DETAINER SARINA ANN NELSON |
| 12/28/10 | SUBSTITUTION OF ATTY; NEW: HELEN A. DUREE OLD: SELF REPRESENTED |
| 12/13/10 | POS OF SUMMONS/COMPLAINT/...IN POSTING/MAILING IN PERSON 11/29/10 AS TO ALL OCCUPANTS |
| 12/13/10 | POS OF SUMMONS/COMPLAINT... IN PERSON 11/29/10 AS TO SARINA NELSON |
| 12/06/10 | D'S DEMURRER TO COMPLAINT |
| 12/06/10 | MEMORANDUM OF POINTS & AUTHORITIES |
| 12/06/10 | NOTICE OF HEARING ON DEMURRER |
| 12/06/10 | PRF OF SVC AS TO DEUTSCHE BANK AS TO DEMURRER BY MAIL ON 12/06/10 |
| 11/12/10 | REQUEST FOR ORDER AUTHORIZING SERVICE OF SUMMON BY POSTING OR BY PUB CK#97202 |
| 10/08/10 | NTC: NOTICE OF ACTION PURSUANT TO CCP 1161.2 UNLAWFUL DETAINER |
| 10/08/10 | CIVIL CASE COVER SHEET |
| 10/08/10 | COMPLAINT - UNLAWFUL DETAINER - 5 DAY SUMMONS ISSUED ($10,000 OR LESS) CK# 95381 |
| Date | Time | Event Description | Dept Code | Department/Judge |
| 10/17/11 | 10:30 | FURTHER PROCEEDINGS ON MTN - STAY OF
ENFRCMNT OF JMT *STAY GRNTD 5/02/11* *11CV00922 CMC 10/14-CONTD FOR OUTCOME* Disposition Date: 10/17/11 STAY OF JMT DENIED; WRIT OF POSS GRNTD |
SJH | COMMISSIONER JERI M HAMLIN |
| 06/13/11 | 10:30 | CRT'S OSC RE: SET ASIDE JUDGMENT ENTERED
2/04/11 FOR LACK OF JURISDICTION *FLD 5/10/11* *CONTD FOR CRT'S REVIEW* Disposition Date: 06/13/11 CRT'S OSC OFF-CALENDAR |
SJH | COMMISSIONER JERI M HAMLIN |
| 06/06/11 | 10:30 | CRT'S OSC RE: SET ASIDE JUDGMENT ENTERED
2/04/11 FOR LACK OF JURISDICTION *FLD 5/10/2011* Disposition Date: 06/06/11 HRD; CONTD TO 6/13/2011 |
SJH | COMMISSIONER JERI M HAMLIN |
| 05/02/11 | 10:30 | FURTHER PROCEEDINGS ON MOTION - STAY
OF ENFORCEMENT OF JUDGMENT Disposition Date: 05/02/11 HRD; CONTD TO 10/17/11; STAY TO CONTD |
SJH | COMMISSIONER JERI M HAMLIN |
| 04/04/11 | 10:30 | MOTION - STAY OF ENFORCEMENT OF JUDGMENT
Disposition Date: 04/04/11 MTN DENIED W/OUT PREJUDICE |
SJH | COMMISSIONER JERI M HAMLIN |
| 01/24/11 | 10:30 | COURT TRIAL - SHORT CAUSE (U.D.)
PREVIOUSLY RESCHEDULED DUE TO COURT HOLIDAY Disposition Date: 01/24/11 JMT FOR PLTF FOR POSSESSION ONLY |
SJH | COMMISSIONER JERI M HAMLIN |
| 01/17/11 | 10:30 | COURT TRIAL - SHORT CAUSE (U.D.)
Disposition Date: 01/13/11 VACATED; VACATED DUE TO HOLIDAY |
SJH | COMMISSIONER JERI M HAMLIN |
| 12/20/10 | 14:00 | D'S DEMURRER
**FLD 12/06/2010 Disposition Date: 12/20/10 DENIED |
___________________________________________________________________
| Case Number: | 11CV00922 |
| Case Title: | NELSON, SARINA VS DEUTSCHE BANK NATIONA |
| Case Type: | REAL PROPERTY |
| Filing Date: | 04/05/11 |
| Disposition Date: | 10/14/11 |
| DISMISSED ENTIRE ACTION W/0 PREJUDICE |
| Name | Type | Attorney |
| NELSON, SARINA | PLAINTIFF |
| DEUTSCHE BANK NATIONAL TRUST | DEFENDANT | FOLEY & MANSFIELD, PLLP |
| REGIONAL TRUSTEES SERVICE CORPORATION | DEFENDANT |
| Date | Action Description |
| 12/19/11 | ORDER GRANTING MOTION TO EXPUNGE LIS PENDENS |
| 10/26/11 | D'S NOTICE OF MOTION AND MOT TO EXPUNGE LIS PENDENS; DECL OF VICTORIA J TSOONG |
| 10/12/11 | [X]PLAINTIFF/PETITIONER [ ]DEFENDANT/RESPONDENT CASE MANAGEMENT CONFERENCE STATEMENT |
| 10/12/11 | PRF OF SVC AS TO CMC STATEMENT MLD 10/12/11 FOLEY & MANSFILED |
| 10/05/11 | JUDGMENT OF DISMISSAL AS TO DEFT DEUTSCH BANK NATIONAL TRUST COMPANY AS TRUSTEE |
| 10/04/11 | NOTICE OF ENTRY OF ORDER GRANTING DEMURRER TO PLAINTIFFS COMPLAINT |
| 09/30/11 | [ ]PLAINTIFF/PETITIONER [X]DEFENDANT/RESPONDENT CASE MANAGEMENT CONFERENCE STATEMENT |
| 09/27/11 | ORDER GRANTING DEFENDANT'S DEMURRER |
| 08/08/11 | PLTF'S ADENDUM TO RESPONSE TO DEFT'S DEMURRER PLT'S COMPLAINT/PTS & AUTHORITIES |
| 08/08/11 | P'S POS RE: ADENDUM TO RESPONSE & DEMURRER BY PERS SRVC ON 8/08/11 TO TIFFANY BIRKETT |
| 07/13/11 | RESPONSE TO DEFENDANT'S DEMURRER TO PLAINTIFF'S COMPLAINT: MEMO OF P&A |
| 07/13/11 | PRF OF SVC AS TO DEUTSCHE BANK NATIONAL TRUST OF RESPONSE |
| 06/10/11 | DEFENDANTS REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF DEMURRER TO COMPLAINT |
| 06/10/11 | DEFENDANT'S NTC OF DEMURRER & DEMURRER TO PLTF'S COMPLAINT/MEMO OF PTS/AUTH CK#1632 |
| 05/06/11 | PRF OF SVC AS TO CASE MANGEMENT MLD 5/6/11 |
| 05/02/11 | NOTICE OF PENDENCY OF ACTION - LIS PENDES |
| 04/05/11 | CIVIL CASE COVER SHEET |
| 04/05/11 | COMPLAINT FOR WRONGFUL EVICTION SUMMONS ISSUED |
| 04/05/11 | NOTICE OF RELATED CASE |
| 04/05/11 | NOTICE OF CASE MANAGEMENT CONFERENCE |
| Date | Time | Event Description | Dept Code | Department/Judge |
| 12/02/11 | 13:00 | D'S MOTION TO EXPUNGE LIS PENDENS
Disposition Date: 12/02/11 GRANTED |
SPT | HONORABLE PETER B. TWEDE |
| 10/14/11 | 14:30 | CASE MANAGEMENT CONFERENCE
Disposition Date: 10/14/11 OFF-CALENDAR/CASE DISMISSED |
SPT | HONORABLE PETER B. TWEDE |
| 07/15/11 | 13:00 | D'S DEMURRER TO PLAINTIFFS COMPLAINT
Disposition Date: 07/15/11 HEARD; TO BE TAKEN UNDER SUB 8/12 |
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