Answer To Ud -
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KATRINA GJURASHAJ 34202 PINEHURST DRIVE, YUCAIPA, CA 92399 Phone (951) 801-9526 Defendant In Pro Se
4 5 6
SUPERIOR COURT OF THE STATE OF CALIFORNIA
7
IN AND FOR THE COUNTY OF SAN BERNARDINO
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DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE,
ANSWER TO COMPLAINT FOR
10
Plaintiff,
11 12 13 14
Case No.: UDSS 802-816
UNLAWFUL DETAINER
Vs. ROBERT GJOLAJ; MINERVA A. TOLOMA; and DOES 1 through 6, inclusive Defendant.
15 16 17
Defendant KATRINA GJURASHAJ answering as one of the doe defendants
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herein denies generally and specifically each of the allegations of the complaint on file herein.. FIRST AFFIRMATIVE DEFENSE Plaintiffs lack Standing as they were not the BENEFICIARY of the note and another party has unlawfully foreclosed thereon and this matter is before this court as Case Number CIVSS-805619; Judge ALVAREZ SECOND AFFIRMATIVE DEFENSE Deutsche Bank was not the beneficiary of this Note the actual Beneficiary remained in hiding during the entire foreclosure process.
ANSWER TO COMPLAINT -1-
1
And the wrong party has foreclosed.
2
Plaintiffs are not the right party to bring this foreclosure action.
3
“As they lack standing”
4
THIRD AFFIRMATIVE DEFENSE
5
Plaintiffs can not establish that they are in the chain of title
6
FOURTH AFFIRMATIVE DEFENSE
7
Plaintiffs can not establish that
8
they paid consideration for this note and mortgage
9
FIFTH AFFIRMATIVE DEFENSE
10
Plaintiff’s can not establish that they owned
11
this note and mortgage at the time of the default
12
SIXTH AFFIRMATIVE DEFENSE
13
The notices served on defendants were defective under California Law
14
SEVENTH AFFIRMATIVE DEFENSE
15
The real beneficiary is STILLcurrently unknown
16
EIGHTH AFFIRMATIVE DEFENSE
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The Complaint, fails to state
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a cause of action against these answering defendants.
19
NINTH AFFIRMATIVE DEFENSE
20
The Complaint is not properly verified
21
IT MUST BE VERIFIED BY A PARTY
22
TENTH AFFIRMATIVE DEFENSE
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Plaintiff does not have effective title
24
as alleged in the Complaint, nor as required by law.
25
ELEVENTH AFFIRMATIVE DEFENSE
26
The Complaint was filed prematurely
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ANSWER TO COMPLAINT -2-
1
TWELFTH AFFIRMATIVE DEFENSE
2
The complaint fails to state sufficient facts to warrant the FORECLOSURE of
3
defendants PROPERTY AND AN EVICTION THEREOF
4
THIRTEENTH AFFIRMATIVE DEFENSE
5
Plaintiff is barred by the doctrine of UNCLEAN HANDS.
6
FOURTEENTH AFFIRMATIVE DEFENSE
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The EVICTION IS BEING conducted by a party who was not properly authorized
8
or appointed by the Beneficiary’, AND WHO IS NOT THE BENEFICIARY
9
FIFTEENTH AFFIRMATIVE DEFENSE
10
Plaintiff does not have clean hands as Plaintiff has committed a FRAUD by double
11
securitizing Plaintiff’s Note. And therefore IS not the proper party to participate in the
12
foreclosure OR THIS EVICTION.
13
SIXTEENTH AFFIRMATIVE DEFENSE
14
Defendants HAVE FILED a claim against Plaintiff for Fraud and will move this court to
15
consolidate both cases for trial.
16
SEVENTEENTH AFFIRMATIVE DEFENSE
17
Defendants attach hereto AND INCORPORATE AS PART OF THEIR AFFIRMATIVE
18
DEFENSES true and correct copies of Ohio Federal Court decisions where as here
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DEUTSCHE BANK WAS FOUND TO BE THE WRONG PARTY AND THOSE
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FORECLOSURES WERE DISMISSED.
21
EIGHTEENTH AFFIRMATIVE DEFENSE
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Defendants attach hereto AND INCORPORATE AS PART OF THEIR AFFIRMATIVE
23
DEFENSES A true and correct copy of their first amended complaint against this Plaintiff for among other claims FRAUD
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WHEREFORE, Defendants, and each of them pray for judgment as follows:
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A. That Plaintiff take nothing by way of the complaint; and
27
///
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///
ANSWER TO COMPLAINT -3-
1
B. For costs of suit incurred herein; and
2
C. For such other and further relief that the Court deems just and proper.
3 4 5
DATE: June __, 2008 Respectfully Submitted,
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___________________ KATRINA GJURASHAJ 34202 PINEHURST DRIVE, YUCAIPA, CA 92399 Phone (951) 801-9526 Defendant In Pro Se
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
ANSWER TO COMPLAINT -4-
VERIFICATION
1 2 3
I, the undersigned, say:
4
I am ONE OF the Defendants in the above-entitled action. I have read the
5
foregoing ANSWER and know the contents thereof, and that the same is true of my own
6
knowledge, except as to the matters which are therein stated upon my information or
7
belief, and as to those matters that I believe them to be true.
8 9 10
I declare, under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed on June __, 2008, at San Bernardino County, California.
11
_______________________ KATRINA GJURASHAJ
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ANSWER TO COMPLAINT -5-
1 2 3
PROOF OF SERVICE by Mail I am employed in the county and state set forth above. I am over the age of 18 and not a party to the within action; my address is: _______________________________
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On June __, 2008, I served the foregoing document described as Answer to the interested parties in this action: (X) by placing () the original (X) a true copy thereof enclosed in a sealed envelope addressed as follows: Randall D. Newman 4660 La Jolla Village Dr. Suite 500 San Diego, California 92122 Attorney for Plaintiff (X) (BY MAIL) I deposited with the U.S. postal service on that same day with postage thereon fully prepaid at the city set forth above.
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(X) (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June __, 2008, at San Bernardino, California.
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______________________ Jennifer GJURASHAJ
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ANSWER TO COMPLAINT -6-
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
EXHIBIT “A”
25 26
Ohio cases Dismissing Deutsche Bank as a claimant
27 28
ANSWER TO COMPLAINT -7-
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
EXHIBIT “B”
22 23
Plaintiff’s first amended complaint against DEUTSCHE BANK ET. AL.
24 25 26 27 28
ANSWER TO COMPLAINT -8-
KATRINA GJURASHAJ 34202 PINEHURST DRIVE, YUCAIPA, CA 92399 Phone (951) 801-9526 Defendant In Pro Se
4 5 6
SUPERIOR COURT OF THE STATE OF CALIFORNIA
7
IN AND FOR THE COUNTY OF SAN BERNARDINO
8 9
DEUTSCHE BANK NATIONAL TRUST COMPANY, AS TRUSTEE,
ANSWER TO COMPLAINT FOR
10
Plaintiff,
11 12 13 14
Case No.: UDSS 802-816
UNLAWFUL DETAINER
Vs. ROBERT GJOLAJ; MINERVA A. TOLOMA; and DOES 1 through 6, inclusive Defendant.
15 16 17
Defendant KATRINA GJURASHAJ answering as one of the doe defendants
18 19 20 21 22 23 24 25 26 27 28
herein denies generally and specifically each of the allegations of the complaint on file herein.. FIRST AFFIRMATIVE DEFENSE Plaintiffs lack Standing as they were not the BENEFICIARY of the note and another party has unlawfully foreclosed thereon and this matter is before this court as Case Number CIVSS-805619; Judge ALVAREZ SECOND AFFIRMATIVE DEFENSE Deutsche Bank was not the beneficiary of this Note the actual Beneficiary remained in hiding during the entire foreclosure process.
ANSWER TO COMPLAINT -1-
1
And the wrong party has foreclosed.
2
Plaintiffs are not the right party to bring this foreclosure action.
3
“As they lack standing”
4
THIRD AFFIRMATIVE DEFENSE
5
Plaintiffs can not establish that they are in the chain of title
6
FOURTH AFFIRMATIVE DEFENSE
7
Plaintiffs can not establish that
8
they paid consideration for this note and mortgage
9
FIFTH AFFIRMATIVE DEFENSE
10
Plaintiff’s can not establish that they owned
11
this note and mortgage at the time of the default
12
SIXTH AFFIRMATIVE DEFENSE
13
The notices served on defendants were defective under California Law
14
SEVENTH AFFIRMATIVE DEFENSE
15
The real beneficiary is STILLcurrently unknown
16
EIGHTH AFFIRMATIVE DEFENSE
17
The Complaint, fails to state
18
a cause of action against these answering defendants.
19
NINTH AFFIRMATIVE DEFENSE
20
The Complaint is not properly verified
21
IT MUST BE VERIFIED BY A PARTY
22
TENTH AFFIRMATIVE DEFENSE
23
Plaintiff does not have effective title
24
as alleged in the Complaint, nor as required by law.
25
ELEVENTH AFFIRMATIVE DEFENSE
26
The Complaint was filed prematurely
27 28
ANSWER TO COMPLAINT -2-
1
TWELFTH AFFIRMATIVE DEFENSE
2
The complaint fails to state sufficient facts to warrant the FORECLOSURE of
3
defendants PROPERTY AND AN EVICTION THEREOF
4
THIRTEENTH AFFIRMATIVE DEFENSE
5
Plaintiff is barred by the doctrine of UNCLEAN HANDS.
6
FOURTEENTH AFFIRMATIVE DEFENSE
7
The EVICTION IS BEING conducted by a party who was not properly authorized
8
or appointed by the Beneficiary’, AND WHO IS NOT THE BENEFICIARY
9
FIFTEENTH AFFIRMATIVE DEFENSE
10
Plaintiff does not have clean hands as Plaintiff has committed a FRAUD by double
11
securitizing Plaintiff’s Note. And therefore IS not the proper party to participate in the
12
foreclosure OR THIS EVICTION.
13
SIXTEENTH AFFIRMATIVE DEFENSE
14
Defendants HAVE FILED a claim against Plaintiff for Fraud and will move this court to
15
consolidate both cases for trial.
16
SEVENTEENTH AFFIRMATIVE DEFENSE
17
Defendants attach hereto AND INCORPORATE AS PART OF THEIR AFFIRMATIVE
18
DEFENSES true and correct copies of Ohio Federal Court decisions where as here
19
DEUTSCHE BANK WAS FOUND TO BE THE WRONG PARTY AND THOSE
20
FORECLOSURES WERE DISMISSED.
21
EIGHTEENTH AFFIRMATIVE DEFENSE
22
Defendants attach hereto AND INCORPORATE AS PART OF THEIR AFFIRMATIVE
23
DEFENSES A true and correct copy of their first amended complaint against this Plaintiff for among other claims FRAUD
24 25
WHEREFORE, Defendants, and each of them pray for judgment as follows:
26
A. That Plaintiff take nothing by way of the complaint; and
27
///
28
///
ANSWER TO COMPLAINT -3-
1
B. For costs of suit incurred herein; and
2
C. For such other and further relief that the Court deems just and proper.
3 4 5
DATE: June __, 2008 Respectfully Submitted,
6 7 8 9 10
___________________ KATRINA GJURASHAJ 34202 PINEHURST DRIVE, YUCAIPA, CA 92399 Phone (951) 801-9526 Defendant In Pro Se
11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
ANSWER TO COMPLAINT -4-
VERIFICATION
1 2 3
I, the undersigned, say:
4
I am ONE OF the Defendants in the above-entitled action. I have read the
5
foregoing ANSWER and know the contents thereof, and that the same is true of my own
6
knowledge, except as to the matters which are therein stated upon my information or
7
belief, and as to those matters that I believe them to be true.
8 9 10
I declare, under penalty of perjury, under the laws of the State of California, that the foregoing is true and correct. Executed on June __, 2008, at San Bernardino County, California.
11
_______________________ KATRINA GJURASHAJ
12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
ANSWER TO COMPLAINT -5-
1 2 3
PROOF OF SERVICE by Mail I am employed in the county and state set forth above. I am over the age of 18 and not a party to the within action; my address is: _______________________________
4 5 6 7 8 9 10 11 12
On June __, 2008, I served the foregoing document described as Answer to the interested parties in this action: (X) by placing () the original (X) a true copy thereof enclosed in a sealed envelope addressed as follows: Randall D. Newman 4660 La Jolla Village Dr. Suite 500 San Diego, California 92122 Attorney for Plaintiff (X) (BY MAIL) I deposited with the U.S. postal service on that same day with postage thereon fully prepaid at the city set forth above.
13 14 15
(X) (STATE) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on June __, 2008, at San Bernardino, California.
16 17 18
______________________ Jennifer GJURASHAJ
19 20 21 22 23 24 25 26 27 28
ANSWER TO COMPLAINT -6-
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
EXHIBIT “A”
25 26
Ohio cases Dismissing Deutsche Bank as a claimant
27 28
ANSWER TO COMPLAINT -7-
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21
EXHIBIT “B”
22 23
Plaintiff’s first amended complaint against DEUTSCHE BANK ET. AL.
24 25 26 27 28
ANSWER TO COMPLAINT -8-
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