Exhibit 1

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IN THE UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

EDUARDO GARCIA and JULIA GARCIA,

Plaintiffs,

v.

WELLS FARGO BANK, N.A., 

Defendant.

Case No. 1:20-cv-02402

Judge Rebecca Pallmeyer

Judge Heather K. McShain

EDUARDO GARCIA’S ANSWERS TO DEFENDANT WELLS FARGO BANK, N.A.’S 

FIRST SET OF INTERROGATORIES

Plaintiff Eduardo Garcia (“Eduardo”), by and through his undersigned counsel, hereby 

submits the following answers and objections to the First Set of Interrogatories propounded by 

Wells Fargo Bank, N.A. (“Wells Fargo” or “Defendant”) pursuant to the provisions of Rule 33 of 

the Federal Rules of Civil Procedure. Eduardo reserves the right to supplement his answers.

INTERROGATORIES

INTERROGATORY NO. 1:

Identify Your employment since January 26, 2006, and please Include the dates of 

employment, the Identity of the employer(s), supervisor(s), and evaluator(s), and the reason(s) 

such employment ended.

ANSWER: Eduardo was employed in construction in one form or another since arriving 

to the United States in 1988. From 1998 until about 2000, he worked for Manuel Nuñez, whom 

owned many apartment buildings that Eduardo would rehab. In 2000 he began to be self-employed 

in construction work, concentrating mostly on small projects in remodeling baths, kitchens, 

basements, and outdoor projects. While he has experience in many areas of construction, Eduardo 

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is especially skilled as a carpenter. In or around 2006, Eduardo left construction work and started 

Woodland Lumber LLC a new business, with a business partner named Jose Alejandro Espinoza. 

Woodland Lumber LLC specialized in making custom household furniture out of lumber. 

However, the business never really got off the ground, and soon after his business partner fled with 

the capital they had invested into the company. Since the economy crashed soon after, it became 

impossible for Eduardo to continue operations and the business folded. Eduardo then attempted to 

return to self-employment in construction. However, with the housing market crash Eduardo found 

that no one was hiring for these types of projects. Unable to find enough work, he tried seeking 

employment elsewhere, something that he had never done. In approximately 2010, he applied for 

a custodian position at Morton High School, and for a factory position at V&V Supremo Foods in 

Pilsen. He does not believe he received a call back from either position and believes this was 

attributed to his lack of traditional work history. Eduardo didn’t start working again in any real 

capacity until approximately 2012, when he returned to being self-employed in construction.

In 2019, Eduardo started a new business, Sustainable Manufacturing, LLC (d/b/a Wood 

Metal and Beyond), with his son Byron and another business partner, Ali Ahmed. The business 

makes custom tables and other wooden furniture. Eduardo continues to work in this business to 

date.

INTERROGATORY NO. 2:

If You claim that You were self-employed at any time since January 26, 2006, please

Include the dates of self-employment, the Identity of Each corporate affiliate, general partner,

limited partner, employee, and custodian of business records, and the reason(s) such selfemployment ended.

ANSWER: See Answer to Interrogatory No. 1.

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INTERROGATORY NO. 3:

If You claim that you were unemployed at any time since January 26, 2006, please Identify 

the names of Each individual You named as a professional reference while seeking employment. 

ANSWER: In 2010, Eduardo applied for a custodian position at Morton High School, 

and for a factory position at V&V Supremo Foods in Pilsen. Eduardo named the following as 

professional references: Rafael Robles; Marco Garduno; and Ana Gomez. See GARCIA 01737-

01742.

INTERROGATORY NO. 4:

Identify the amount of monthly rent You paid as a tenant at the Brookfield Apartment, as

defined in the Complaint and as alleged in paragraphs 91–94 in the Complaint.

ANSWER: Eduardo believes it was $1200 or $1300.

INTERROGATORY NO. 5:

Identify Each rental property that You applied to, or otherwise considered moving into, 

after the foreclosure of Your Mortgage.

ANSWER: Eduardo objects to this Interrogatory on the basis that Wells Fargo 

foreclosed on the Garcias’ property over 10 years ago and it is unreasonable for Wells Fargo to 

expect him to remember “each” rental property the Garcias applied to, or otherwise considered 

moving into, after Wells Fargo wrongly foreclosed on the Garcia’s property and forced them to 

vacate the property on short notice. Subject to and without waiving this objection, the Garcias will 

testify as to the significant time and financial investment made in finding new housing and trying 

to stay within the same school district after they were evicted with a short notice to vacate the 

home. Byron will testify to the time he spent personally looking for a place to live, calling 

landlords, sending emails, driving around looking for “for rent” signs, and helping his parents fill 

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out rental applications. 

Eduardo’s recollection is that the Garcias considered approximately twenty-five 

apartments total. Eduardo is unable to remember most of them. Eduardo recalls the family did not 

apply for all of them because the application process usually required a fee of at least $50 and a 

credit inquiry. 

INTERROGATORY NO. 6:

Identify the individual or entity who owned the Brookfield Apartment, as defined in the 

Complaint, at the time you became a tenant there.

ANSWER: Eduardo believes the owner of the Brookfield Apartment was identified as 

4630 Vernon LLC, however, he is not positive this entity was the owner. 

INTERROGATORY NO. 7:

Identify Each doctor or healthcare provider, Including Each mental healthcare provider, 

therapist, or counselor, with whom You have consulted since January 26, 2006, and please include 

the dates of treatment, the doctor or healthcare provider’s specialty (if applicable), the reason(s) 

for the consultations, Each diagnosis made, and the treatment(s) prescribed for Each such 

diagnosis.

ANSWER: Eduardo refers Wells Fargo to the 853 pages of medical records he has 

produced (see EDUARDO’S MED RECS 00001-00853), Wells Fargo has already subpoenaed his

medical records and the records provide the information sought.

INTERROGATORY NO. 8:

Identify all prescription medications, over-the-counter medications or remedies, and other 

non-prescription medications You have taken since January 26, 2006, and please include the name 

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of the prescriber (if applicable), the date of the prescription (if applicable), the diagnosis or medical 

condition for which You took such medication or remedy, and the dates on which You took such 

medication or remedy.

ANSWER: Eduardo refers Wells Fargo to his medical records produced as 

EDUARDO’S MED RECS 00001-00853.

INTERROGATORY NO. 9:

Have You had any Communications or discussions with any healthcare provider(s), 

Including mental healthcare provider(s), therapist(s), or counselor(s), about Your mental health or 

emotional well-being, Including stress, anxiety, or depression since January 26, 2006? If so, please 

Identify the healthcare provider(s) and state the date, location, and substance of Each such 

Communication or discussion.

ANSWER: Eduardo refers Wells Fargo to the 853 pages of medical records he has 

produced and his medical records subpoenaed by Wells Fargo to provide the information sought. 

Furthermore, Wells Fargo has subpoenaed for deposition Eduardo’s medical providers who may 

testify to such communications or discussions. 

INTERROGATORY NO. 10:

If You claim that Your Children experienced educational difficulties from the actions 

alleged in the Complaint, Identify the name and location of any school attended by Your 

Child(ren), and include the dates of attendance and the name(s) of Your Child(ren)’s teacher(s). 

ANSWER: Eduardo Objects to this interrogatory on the basis that these events 

happened over 10 years ago and it is unreasonable for Wells Fargo to expect him to remember all 

of his children’s teachers and the exact dates of his children’s school attendance. Without waiving 

said objection, Eduardo responds as follows. Byron attended Lyons Township High School from 

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approximately 2006-2010. Miriahm attended Lyons Township High School from approximately 

2008-2012. Byron attended National Louis University from approximately 2010 through 

approximately 2014 or 2015. Miriahm attended National Louis University from 2012 through 

2017.

INTERROGATORY NO. 11:

If You claim that Your Child experienced educational difficulties because of the actions

alleged in the Complaint, Identify the name and location of any school or post-secondary 

institution attended by Your Child, and include the dates of attendance, dates of withdrawal, the 

reason(s) for withdrawal, and the names of Your Child’s institution administrators who were 

involved in Your Child’s withdrawal process.

ANSWER: See Eduardo’s response to interrogatory 10 above. 

INTERROGATORY NO. 12:

If You claim that Your Child experienced educational difficulties at National Louis 

University because of the actions alleged in the Complaint, Identify the names of any of Your 

Child’s college/university roommates, college/university co-workers, and college/university 

residential assistants.

ANSWER: Both Byron and Miriahm attended National Louis University, but never 

lived on campus.

INTERROGATORY NO. 13:

If You claim that Your Children experienced educational difficulties from the actions 

alleged in the Complaint, Identify the name of Each healthcare provider, Including doctors, nurses, 

social workers, and counseling and mental health providers, who consulted with Your Child(ren) 

Regarding the problems Your Child(ren) experienced, and include the date of Each consultation, 

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the reason(s) for Each consultation, the diagnosis made or result of the consultation, and the 

treatment(s) and solution(s) Communicated to You.

ANSWER: Eduardo objects to this Interrogatory on the basis that medical records were 

produced for Byron, and medical records for Miriahm and school records containing information 

regarding Miriahm’s hearing impairment were produced (see BYRON’S MED RECS 00001-

00292; MIRIAHM’S MED RECS 00001-00840 and MIRIAHM’S SCHOOL RECORDS 00001-

00210). Furthermore, Wells Fargo subpoenaed medical records and those records will contain all 

of the information requested in this Interrogatory.

INTERROGATORY NO. 14:

If You Claim that You experienced problems in Your marriage or relationship as a result 

of the actions alleged in the Complaint, Identify the name and location of any and all Persons with 

whom You have had Communications or discussions regarding struggles, issues, or problems in 

Your marriage, and please include the dates of Each such Communication or discussion and the 

struggle, issue, or problem discussed.

ANSWER: Eduardo is a very private person and does not believe he discussed his 

marital problems with anyone other than with his wife. Byron and Miriahm were the ones that 

noticed the impact that the financial stress of the loss of the house had on their parents’ marriage.

INTERROGATORY NO. 15:

Identify Each lawsuit to which you have been a party, other than this action.

ANSWER: Deutsche Bank vs. Garcias, et al.

2009-CH-00855

GARCIA 00015-00060

In Re: Eduardo Garcia and Julia Escamilla

Chapter 7 Bankruptcy Case No. 11-22208

GARCIA 00061-00113

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INTERROGATORY NO. 16:

Identify and itemize all elements of damages, past or future, You claim or allege to be 

caused by Wells Fargo in this Action, and as to Each, Identify the amount claimed, the method, if 

any, by which You computed the amount, the figures used in that computation, and the facts and 

assumptions upon which your claim is based.

ANSWER: Eduardo objects to this interrogatory on the grounds that the damages 

claimed are unliquidated and within the province of the jury to determine. Without waiving said 

objection, and solely for the edification and understanding of Wells Fargo regarding the various 

ways in which Wells Fargo’s action caused massive needless harm to Eduardo, the following 

information is provided relative to Eduardo’s claims:

Actual Damages:

Non-Economic Damages: 

● Emotional distress damages including:

▪ Mental Anguish associated with the loss of the family’s home, 

▪ Shame associated with the loss of the family’s home, 

▪ fear of being homeless, 

▪ disruption of the parental relationship with his children, 

▪ the loss of his daughter’s dogs, which ultimately was temporary

▪ disruption of the marital relationship with his spouse, 

▪ embarrassment over the loss of his family’s home, 

▪ feelings of failure associated with the loss of his family’s home, 

▪ interference with his spiritual and church relationships, 

▪ depression, 

▪ stress, 

▪ anxiety, 

▪ worry, 

▪ loss of sense of place, 

▪ Loss of what the Garcias considered a meeting space for their church 

community, as the house had become the go-to space for their church 

members, bible studies, and youth meetings. Not to mention the favorite 

hangout for the children and their friends. Over the years it had become a 

weekly tradition for the bible study group to meet at the Family Home, 

and also a favorite hangout location for the church youth. They would 

pray, sing, practice musical instruments. It was considered a safe space for 

them. In fact, at one point the Garcias decided to eliminate a wall between 

dining room and living room to create an open concept specifically

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because of this. This all ended when they moved to the Brookfield 

apartment. The Garcia’s or their children were never able to regain this. 

▪ increased isolation, 

▪ loss of keepsakes and heirlooms, 

▪ the distress of watching his wife’s health deteriorate, 

▪ The anguish of having all the needless harms associated with losing his 

family’s home revisited upon him when he received the first Wells Fargo 

letter in 2019, 

▪ Anger associated with learning his family never should have suffered these 

losses; 

▪ The destruction of Eduardo’s American Dream; 

Eduardo has no training or expertise by which he could value the needless harms Wells 

Fargo has inflicted upon him since its wrongful conduct denied his family loss mitigation. 

Eduardo is relying upon his counsel to set the value for his case. Eduardo’s counsel will 

ask the jury to award $100 per hour for non-economic damages. As of March 5, 2022, that 

number is 101,064 hours. As of March 5, 2022, that calculation is $10,106,400.

Economic Damages: 

● Severe damage to his credit rating;

● Inability to access credit to purchase a reliable automobile; 

● Inability to access significant parts of the housing market after foreclosure; 

● Legal fees for filing of Chapter 7 = $1,750.00; Chapter 7 filing fee = $299.00 

● Loss of potential equity = $182,586.00 through the complaint date. This number 

is almost certain to increase by the time of trial. 

● Approximately $1000-1500 in application fees for apartments after the loss of 

the marital home. 

● Loss of approximately $4000.00-5000.00 in tools and power tools that Eduardo 

used for his self-employment construction work that he was forced to sell or 

give away because there wasn’t sufficient space in the Brookfield apartment.

● Loss of personal property such as furniture and appliances the family was 

forced to give away after the foreclosure. 

● Significant time spent attending Court on the foreclosure case. 

● Time spent working on loss mitigation efforts. 

● Costs of making copies and mailing information to Wells Fargo for loss 

mitigation efforts. 

● Increased maintenance costs required to maintain the older, cheaper and 

unreliable vehicles the family was required to drive since their credit was 

destroyed. 

● Loss of the family home the Garcias expected to pass to their children or 

grandchildren. 

● Legal fees and costs for preparing/filing/prosecuting this action. The Garcias 

object to the production of these documents at this time on the basis of attorneyclient privilege and work product doctrine. Documents will be produced as may 

be ordered by the Court for an award of attorney fees. These attorney’s fees will 

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not be claimed in the case in chief, rather, if the Plaintiff prevails then counsel 

will seek fees under the ICFA.

INTERROGATORY NO. 17:

Explain in detail the basis for the discrepancy between Your allegation in paragraph 67 of 

the Complaint and Your subpoena response to Request for Production of Documents 8, dated 

November 16, 2021.

ANSWER: Eduardo objects to this interrogatory as there is no discrepancy. At the time 

of filing the Complaint, the Garcias had not itemized the amount. The Garcias knew they invested 

“over $40,000 and extensive time in completely rehabbing” the Family Home. In responding to 

Wells Fargo’s Request for Production No. 8, the Garcias itemized the costs, which total an 

estimated $66,850.00. 

INTERROGATORY NO. 18:

Explain in detail the basis of Your contention that Wells Fargo caused Your Child, Byron 

Garcia, to not to attend “DePaul University or College of DuPage,” or to “never ... finish and 

obtain a college degree” as alleged in paragraph 115(O) of the Complaint.

ANSWER: College of DuPage charges a significantly reduced “in-district” tuition to 

students that reside in their District. The LaGrange house was located in said District. Upon losing 

the house, the Garcias were no longer residents of the District. College of DuPage is a community 

college with a very good reputation. Mr. Garcia believes it is exactly the type of school in which 

Byron could have thrived once he began to become frustrated and unmotivated with the program 

at National Louis University. However, the significant costs of the out-of-district tuition was a 

deciding factor for Byron to no longer consider the school. Byron has admitted to his parents that 

the “cost” of attending college became a primary concern for him, and that with the house going 

into foreclosure and being lost, he lost all confidence in his parents’ ability to help him financially, 

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and he also just didn’t want to be a further financial burden on them. Because of this he never 

considered DePaul University, a very expensive college, as an option. Byron’s closest friends 

attended DePaul and went on to graduate. Eduardo believes that if Byron would have gone to a 

school that he wanted to, or majored in a program of his choice, that he would have been more 

motivated and would have graduated. Eduardo believes Byron’s feelings of being a financial 

burden on his parents impacted his post-secondary education choices and his performance in 

college.

INTERROGATORY NO. 19:

Explain in detail the basis of Your contention that Wells Fargo caused You to “[believe]” 

that “the loss of the Family Home was due to [Your] temporary unemployment” as alleged in 

paragraph 115(S)(e) of the Complaint.

ANSWER: Eduardo privately faulted himself for not being able to produce income for 

the family during the time that the house was being lost. Culturally as a Mexican, Eduardo strongly 

believes that as the husband and father of the family he should be a provider and protector for his

family, to advance the family forward and upward, and provide opportunities for his children. 

Eduardo believed that his inability to generate enough income was ultimately the reason the family 

lost the home. And that because of this, Eduardo failed in his capacity as a husband and father. 

INTERROGATORY NO. 20:

Explain in detail the basis of Your contention that Wells Fargo caused You 

“embarrassment, humiliation, shame” and “feelings of failure” as alleged in paragraph 115(S)(h) 

of the Complaint.

ANSWER: Before losing the house, Eduardo genuinely believed that everything was 

going to be fine and the bank and the federal government were going to help them save the house. 

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They heard everywhere on the radio and on television that President Obama had created the HAMP 

Program to help families save their homes. Mr. Garcia felt that the Garcias were doing everything 

they were supposed to do. They communicated with Wells Fargo continually, they sent and resent documents to Wells Fargo in support of their application for a loan modification. They took 

the loan application process very seriously from the very beginning. Eduardo and Mrs. Garcia

would spend hours every night preparing budgets, writing letters, and gathering documents. They 

would plan together on what needed to be sent or re-sent. Until the moment they received notice 

that the house was sold and they were going to be evicted, Eduardo believed Wells Fargo would 

help them keep the house. Eduardo grew up dirt poor and was proud of the business he built and 

the home that he and his wife had provided for their children. Through his own hard work, Eduardo 

totally remodeled the house and made it a beautiful home that Eduardo and his family were proud 

of. When Wells Fargo took the home in foreclosure, Eduardo’s world came crashing down.

Eduardo lost all hope and didn’t know what he and his family was going to do. Eduardo didn’t 

know where the family would live or if they would be homeless. Wells Fargo’s actions and 

inactions caused Eduardo considerable embarrassment, humiliation, shame, and caused Eduardo 

to believe he had failed his family in his role as husband and father. Eduardo was embarrassed to 

talk to his family. Eduardo would isolate himself and avoid communication with his brothers and 

sisters, as he was too ashamed to face them. Eduardo was severely depressed and had difficulty 

functioning in daily life. Eduardo will personally testify to the embarrassment, humiliation, shame 

and feelings of failure caused by Wells Fargo, and how Wells Fargo drastically affected his mental 

health and well-being.

INTERROGATORY NO. 21:

Explain in detail the basis of Your contention that Wells Fargo “drastically affected” Your 

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“mental health” as alleged in paragraph 115(U), Including its subparagraphs, of the Complaint.

ANSWER: See Eduardo’s response to Interrogatory no. 20 above. After losing the 

house, Eduardo fell into a deep black well and had no way of getting out. Eduardo felt that he 

didn’t have the energy to do anything. Historically, even on weekends and days he didn’t have 

work, Eduardo has always been an early riser and a morning person. During these dark years,

Eduardo lost this, Eduardo felt he was without energy and would just want to go back to bed no 

matter what time he woke up. Until Eduardo lost the family home, Eduardo had never in his life 

felt the feeling of waking up in the morning and not wanting to work. Now Eduardo felt this way 

every day. Eduardo had no will to do anything. Eduardo had never felt like this in his life and 

didn’t know what to do. Eduardo was frustrated and angry with himself, Eduardo constantly asked

himself what he could have done differently to save the house. Eduardo couldn’t stop thinking 

about how many years he felt his family had lost, how far they had been set back, how he had 

thrust his family into poverty. Eduardo would spend hours thinking about the sacrifices they had

made throughout the years in order to afford this house and to make improvements to it. All the

vacations they had not taken, the long weekend trips they had skipped, all so they could save 

money and have time to work on the house. Eduardo felt that he had taken his children’s youth. It 

all seemed like a waste to him now and these thoughts consumed every waking hour of his life for 

many years.

INTERROGATORY NO. 22:

Explain in detail the basis of Your contention that Wells Fargo caused Your Child, Byron 

Garcia, “trauma” as alleged in paragraph 115(V)(f) and (g) of the Complaint.

ANSWER: This Interrogatory is best answered by Byron, himself. Byron suffered 

emotional damages as a result of Wells Fargo’s actions alleged in the Complaint. Byron suffered 

from stress, emotional distress, and other emotional and psychological harm. Eduardo believes 

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Wells Fargo’s conduct forced Byron to grow up and take on adult responsibilities at a very young 

age during this time. From going to court and helping Eduardo understand what was happening, 

to helping put together documents for the modification, to helping the family find an apartment in 

a hurry. Eduardo feels Wells Fargo’s actions put part of the responsibility of saving the house on 

Byron, and that this affected Byron greatly. 

Dated: March 7, 2022 Respectfully submitted,

/s/ Nick Wooten

Nick Wooten 

NICK WOOTEN, LLC

5125 Burnt Pine Drive

Conway, Arkansas 72034

(833) 937-6389

nick@nickwooten.com

Rusty A. Payton,

PAYTON LEGAL GROUP

20 North Clark Street, Suite 3300

Chicago, Illinois 60602

(773) 682-5210

info@payton.legal

Salvador J. Lopez

ROBSON & LOPEZ, LLC

180 W. Washington Street, Suite 700

Chicago, Illinois 60602

312-523-2166

lopez@robsonlopez.com

Counsel for the Plaintiffs

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CERTIFICATE OF SERVICE

I certify that on March 7, 2022, a copy of the foregoing Eduardo Garcia’s Answers to 

Defendant Wells Fargo Bank, N.A.’s First Set of Interrogatories was served via electronic 

means on:

Scott P. Glauberman

Christopher Parker

WINSTON & STRAWN LLP

35 West Wacker Drive

Chicago, Illinois 60601

sglauber@winston.com

cparker@winston.com

Angela A. Smedley

WINSTON & STRAWN LLP

200 Park Avenue

New York, NY 10166-4193

Asmedley@winston.com

Shawn R. Obi

WINSTON & STRAWN LLP

333 South Grand Avenue

Los Angeles, CA 90071

Sobi@winston.com

Counsel for Defendant

/s/ Nick Wooten

Nick Wooten

Redact

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