PROPOSED ORDER ON STIP TO FILE 3RD PARTY COMPLAINT 

IN IMPLEADER - 207097 Case No. C08-04606 JW 

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ANNETTE D. KIRKHAM (STATE BAR NO. 217958) 

annettek@lawfoundation.org 

KIM PEDERSON (STATE BAR NO. 234785) 

kimp@lawfoundation.org 

FAIR HOUSING LAW PROJECT 

LAW FOUNDATION OF SILICON VALLEY 

151 North Third Street, Third Floor 

San Jose, CA 95112 

Telephone: (408) 280-2410 

Facsimile: (408) 293-0106 

Attorneys for Plaintiff BERNARDO REYES 

Fred Hickman (State Bar No. 124406) 

 fhickman@afrct.com 

ANGLIN, FLEWELLING, RASMUSSEN 

CAMPBELL & TRYTTEN LLP 

199 S. Los Robles Ave., Suite 600 

Pasadena, California 91101-2459 

Tel: (626) 535-1900 

Fax: (626) 577-7764 

Attorneys for Defendant and Third-Party Plaintiff 

WORLD SAVINGS BANK, FSB 

now WACHOVIA MORTGAGE, a division of 

WELLS FARGO BANK, N.A. (formerly a.k.a. 

WACHOVIA MORTGAGE, FSB) 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF CALIFORNIA 

SAN JOSE DIVISION 

BERNARDO REYES, 

 Plaintiff, 

v. 

PREMIER HOME FUNDING, INC. et al., 

 Defendants. 

 

AND RELATED THIRD-PARTY 

COMPLAINTS 

Case No. C08-04606 JW 

[PROPOSED] 

ORDER ON STIPULATION FOR 

WACHOVIA MORTGAGE TO FILE THIRDPARTY COMPLAINT IN IMPLEADER 

Case 3:08-cv-04606-JSW Document 110 Filed 06/21/10 Page 1 of 4
PROPOSED ORDER ON STIP TO FILE 3RD PARTY COMPLAINT 

IN IMPLEADER - 207097 

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 ALL PARTIES hereby stipulate to the proposed order permitting Defendant and ThirdParty Plaintiff Wachovia Mortgage, a division of Wells Fargo Bank, N.A., (“Wachovia”) to file 

and serve the proposed Third-Party Complaint, and on the following terms. 

 1. The new parties and claims added in the Wachovia Third-Party Complaint shall not 

be a factor in the trial setting of Plaintiff’s case or the liability phase of Wachovia’s pending thirdparty complaint against The Escrow Forum. 

 2. New information came to light as a result of several recent depositions which 

indicate that additional impleader is appropriate. These depositions were those of (1) Mr. Satish 

Dass, principal of Premier Home Funding, which occurred on April 27; (2) the deposition of 

Plaintiff Bernardo Reyes, which occurred on May 27; and, (3) the deposition of Plaintiff’s spouse, 

which commenced on June 3. 

 3. The persons that Wachovia seeks to add by way of its Third-Party Complaint for 

indemnity and related remedies are all intimately involved with the loan origination put at issue by 

Plaintiff. The new Third-Party Complaint by Wachovia would add the loan broker’s principal and 

supervising real estate broker, Satish Dass, and the entity which brokered this loan, Premier Home 

Funding, Inc. and its related company Premier Group Lending, the sales manager of Premier, Mr. 

Chirag Patel, a person believed to have been involved as a sales agent of Premier, Mr. David 

Gradstein, as well as the persons who were involved in a direct capacity with purportedly 

delivering or not delivering loan documents and obtaining signatures on loan documents from 

Plaintiff and his spouse, Olga Salazar, namely: Rafael Montejano, Joel Candelario and Guadalupe 

Montoya Candelario. Already, The Escrow Forum has named and served the Candelarios and Mr. 

Montejano in its third-party claim in this action. The new parties brought in would be Satish Dass, 

Chirag Patel, and David Gradstein, persons directly involved in the brokered loan on behalf of 

Premier, it is alleged. 

 4. A true and correct copy of Wachovia’s proposed Third-Party Complaint is attached 

hereto as Exhibit “A.” 

[signatures of counsel on next page] 

Case 3:08-cv-04606-JSW Document 110 Filed 06/21/10 Page 2 of 4
PROPOSED ORDER ON STIP TO FILE 3RD PARTY COMPLAINT 

IN IMPLEADER - 207097 

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IT IS SO STIPULATED. 

Dated: June 10, 2010 FAIR HOUSING LAW PROJECT 

 /s/ Annette D. Kirkham 

Annette D. Kirkham 

Attorneys for Plaintiff 

BERNARDO REYES 

Dated: June 10, 2010 ANGLIN, FLEWELLING, RASMUSSEN 

 CAMPBELL & TRYTTEN LLP 

By: /s/ Fred Hickman 

 Fred Hickman 

 fhickman@afrct.com 

Attorneys for Defendant Attorneys for Defendant 

and Third-Party Plaintiff WORLD SAVINGS 

BANK, FSB now WACHOVIA MORTGAGE, a 

division of WELLS FARGO BANK, N.A. 

(formerly a.k.a. WACHOVIA MORTGAGE, FSB) 

Dated: June 11, 2010 L. Scott Karlin, Esq. 

 By: /s/ L. Scott Karlin __ 

 L. Scott Karlin 

 Email: 

 Attorneys for Cross-Defendant, The Escrow Forum 

ATTESTATION PURSUANT TO GENERAL ORDER 45 

 I, Frederick J. Hickman, attest that concurrence in the filing of this document has been 

obtained from each of the signatories. I declare under penalty of perjury under the laws of the 

United States of America that the foregoing is true and correct. Executed this day, June 10, 2010. 

 

 /s/ Fred Hickman 

Case 3:08-cv-04606-JSW Document 110 Filed 06/21/10 Page 3 of 4
PROPOSED ORDER ON STIP TO FILE 3RD PARTY COMPLAINT 

IN IMPLEADER - 207097 

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[PROPOSED] ORDER

IT IS ORDERED: 

For good cause appearing and based on the stipulation of counsel, Defendant and ThirdParty Plaintiff Wachovia Mortgage, a division of Wells Fargo Bank, N.A. (formerly named World 

Savings Bank, FSB and Wachovia Mortgage, FSB) may file the Third-Party Complaint, dated 

June 10, 2010, and the clerk of the court shall issues summonses as appropriate. 

Dated: 

 The Honorable James Ware 

 United States District Judge 

 

The Defendant and Third Party Plaintiff Wachovia Mortgage shall file their Third-Party Complaint 

as a separate docket entry by June 25, 2010. 

Dated: June 21, 2010 

Case 3:08-cv-04606-JSW Document 110 Filed 06/21/10 Page 4 of 4