Updates – Wright et al vs. BofA

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All Plaintiffs Dismissed Out of Wright Lawsuit But John Wright

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February 1st, 2013

Written by John Wright

I finally have a major update for you concerning the Wright et al vs. Bank of America lawsuit.

There is a Code of Civil Procedure (Code 378) that law firms have relied on to file Mass Joinders. This code section allows the joinder of plaintiffs where the injury arises out of the same transaction or occurrence or series of transactions of occurrences and there are common question of law or fact. Mass Joinder lawsuits are for individual plaintiffs jointly using the same legal arguments and applying them to their unique, individual situation. The value of your mortgage, your specific contract, your bank interactions, and the current disposition of your individual property make you a unique plaintiff with a unique condition, requiring a unique remedy. Therefore, a class action lawsuit is not suitable for such cases. Be aware that while class action lawsuits generally cover everyone affected by a situation — a Mass Joinder lawsuit only covers those who are a party to the lawsuit. If you are not a registered plaintiff, you will not receive the remedy awarded specifically to the plaintiffs.

The infamous Ronald et al vs. Bank of America lawsuit was a Mass Joinder lawsuit that had been filed by the notorious Attorney Mitchell J. Stein. It has been reported that the Ronald lawsuit might have been perhaps the first such Mass Joinder case involving widespread and systemic lender fraud involving the banks. It had seen many early successes. That it is why the Ronald lawsuit got the attention of many other firms at the time it was filed. One of those firms was what you have all come to know as Brookstone Law Group. That is why the Wright et al vs. Bank of America lawsuit would basically be the lovechild of Mitchell J. Stein and Brookstone Law Group. It was filed in Orange County Superior Court and was filed on February 9^th, 2011. (Case no. 30-2011- 0044059 – CU – MT – CXC)

On October 5^th, 2012 — the Bank of America attorney (Stuart Price) attacked the core proposition that these types of Mass Joinders can even be brought. The motion filed basically attacked the overall concept of adding multiple plaintiffs into what has become commonly known to be a “Mass Joinder lawsuit”. The Honorable Judge Gail Andler came back seven days later with saying she would take it under submission. Unfortunately — the new update I have for you — is that after New Years Judge Andler agreed with the Bank of America attorney. This resulted in Judge Andler dismissing all the plaintiffs from the Wright et al vs. Bank of America lawsuit. That is with the exception of me. I am the only one still currently in the lawsuit. Brookstone Law Group will be appealing the decision.

Therefore — within the next 60 days -Brookstone Law Group will be filing an appeal on behalf of all those plaintiffs that opt to be in the appeal process. Unfortunately — there will be an additional fee to join the appeal process with Brookstone. This after you consider that the Engagement Agreement that the Brookstone clients signed apparently does not include the appeal process. In fact — the Engagement Agreement apparently specifically spells out that there would be additional fees charged if an appeal is necessary. This is why I am sure that many of you who were in the lawsuit will not be too surprised to hear this.

Now it is important to mention that this does not mean this has to be the end of the road for those who were in the Wright lawsuit. This is because Judge Andler went on the record with clearly spelling out that any dismissal of the Plaintiffs’ claims would be improper and unjustified. This means that the ruling does not diminish the strengths of the underlying claimsll be lost forever. Therefore — from the point the Wright complaint was filed — to the point Judge Andler mad her decision on the joinder motion – the statute of limitations stopped running. That is why — since the decision — it is running again. This means the clock is ticking for the time for your claims to be in a different form. That is why those who were in the Wright lawsuit need to make a decsion as soon as possible.

The Wright lawsuit plaintiffs have three basic choices now:

1. Join the Appeal of the Mass Joinder Decision.
2. File your own “individual” lawsuit.
3. Take no action at all.

Please be advised that I am not telling a person what they should do.  I am just simply giving the update.

“Depending on the decision by the Court of Appeals – and given uncertainty expressed by Judge Ander – we may – and I stress may – be able to break this matter into separate mass joinders. Meaning instead of “One” Mass Joinder with 700 + plaintiffs – we may be able to separate it into approximately “Ten” Mass Joinders with 70 plaintiffs in each.” — Vito Torchia (CEO) of Brookstone Law Group.

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Brookstone Sends Out Email Update

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August 30th, 2012

I emailed Brookstone Law Group the other day for an update on the Wright et al vs. Bank of Destroying My American Dream lawsuit. They have responded.

To All Wright vs. Bank of America Plaintiffs:

As you know, Brookstone Law filed the Wright vs. Bank of America Third Amended Complaint on 6/4/2012 in the Orange County Superior Court. Below is the download link to the complete Wright vs. Bank of America Third Amended Complaint that was filed 6/4/12.

The current status on the Wright vs. Bank of America case is we filed the Third Amendment Complaint on 6/4/12. There was a 45-day stay (or hold) on the case which was lifted on 8/22 due to an appeal we filed through the Appellate Court on 6/15/12. The reason for the appeal is during our last Demurrer Hearing (February 2011) the judge dismissed 1 of the 5 causes of action listed on the complaint. It was the Fraudulent Concealment cause of action & even though based on new evidence we appealed the judge’s decision, she didn’t agree with us, so we appealed her decision through the Appellate court. However in the last couple of weeks, we received word back from the court stating they will not to hear the appeal at this time, basically they didn’t decide anything on the appeal, so our rights are preserved, meaning we are able to bring the appeal at a later time if the attorneys decide that is the best course of action. Bank of America will need to file an answer to the Third Amended Complaint we filed and they been given 45 days from 8/22 to respond to the Complaint. We should get a new update around mid-October.

Should you have any further questions, please contact our Client Services Dept.

To search for your name on the complaint, you can do so by pressing Ctrl+F and when the search box pops up type your name and hit enter.

PDF Download Link

Please contact us if you have trouble viewing the link above or you have any further questions.

Sincerely,

Brookstone Law Group

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My name is John Wright AND I AM FIGHTING BACK!

All Rise! The Honorable Judge Wright has left The Courtroom of Public Opinion!

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Appellate Court Denied The Certiorari To Hear The “Fraudulent Concealment” Claim 

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July 25th, 2012

The question in the last update was if the Wright et al vs. Bank of America lawsuit will be as severely damaged if the very same five causes of action are thrown out that were in Ronald lawsuit.   I have been told that the answer is “no”.  This is because Wright lawsuit is no longer anything like the Ronald complaint.   Brookstone Law basically re-wrote the whole entire thing after the separation with Mitchell J. Stein.  However, for the record, the bad news is that on July 23rd, 2012, the Appellate Court denied the certiorari to hear the “Fraudulent Concealment” claim that was thrown out of the Wright lawsuit.  This means they don’t want to hear the issue.  With that being said, there are no future dates in court yet. The case is still stayed because the stay pending decision of the Appellate Court was minimum of 45 days.  So once the stay is lifted, BofA will file another demurrer and off we go on that again. (Shaking my head)

The good news is that the “Intentional Misrepresentation” and “Negligent Misrepresentation” causes of actions were left in the complaint. 

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My name is John Wright AND I AM FIGHTING BACK!

All Rise!  The Honorable Judge Wright has left The Courtroom of Public Opinion!

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Click here for Wright et al vs. BofA lawsuit Announcement page

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FIVE MAJOR CAUSES OF ACTION THROWN OUT OF RONALD LAWSUIT

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July 20th, 2012

Well the bad news is that this might be the end of the road for the infamous Ronald et al vs. Bank of America lawsuit. This is because I have been able to indeed confirm that there has been FIVE MORE MAJOR CAUSES OF ACTION DISMISSED FROM THE RONALD LAWSUIT that was filed by the ever so scandalous Mitchell J. Stein back in 2009.

Now I have to be honest with you here – because I am a little concerned about what kind of affect this recent development with the Ronald lawsuit might have on the Wright et al vs. Bank of America lawsuit. This is because, like it or not, it was the Mitchell J. Stein Ronald lawsuit that was used as the blueprint for the infamous Wright et al vs. Bank of America lawsuit that bears my name on it.  What I mean is — was I the only person here that noticed that the “Fraudulent Concealment”cause of action was first thrown out of the Ronald lawsuit – and then be thrown out of the Wright lawsuit a few months later?  I don’t think that was a coincidence.  That is why you can count on the fact that I will be asking Attorney Deron Colby from Brookstone Law what his take is on this recent development with the Ronald lawsuit.

I will let you know the minute I hear anything.

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My name is John Wright AND I AM FIGHTING BACK!

All Rise! The Honorable Judge Wright has left The Courtroom of Public Opinion!

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Click here for Wright et al vs. BofA lawsuit Announcement page

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“Fraudulent Concealment” Cause of Action Is Under Review With Appellate Court.  

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July 10th, 2012

Steve Rhodes from the Get-out-of-Debt-Guy contacted me yesterday with an email from someone who was looking for updates on the Wright et al vs. Bank of America lawsuit because they thought I was on vacation still.  However, please be advised that such updates are at the top of the blog on every page on the fourth square that says “Update” on it.  I always update it with the most recent information that I have received from the attorneys that are working on the lawsuit.

Nevertheless, please be advised that Attorney Deron Colby got the Bryan Cave attorneys (Bank of America lawyers) to stipulate to stay the action for forty five days while Appeals Court decides whether it will hear the Writ concerning the “Fraudulent Concealment” cause of action that I told you about in the last update that the Honroable Judge Andler threw out.  So everything is stayed for at least forty five days.  This is completely necessary — because depending on the ruling on the “ fraud” cause of action — the newly amended complaint may need to be amended again – but to add back the recently thrown out “Fraudulent Concealment” cause of action — in which case the next demurrer will also look different.  Anyway, we are on hold pending Appellate Court review.

I am sure that some of you remember the picture of the 5, 371 pages of the amended complaint that Brookstone Law submitted to the Court on June 15^th, 2012.

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A little bit of a good sign on the Appeal though.  This is because the Court asked that Bank of America Attorneys to file a preliminary opposition.  This means that the Court is basically asking for a brief recitation of Bank of America’s side so that they can decide whether this is worth a further looksee.

You know me — I would be the first to tell you if I thought something was wrong.  So don’t worry.  Be Happy.  You are in good hands with Brookstone Law.  I would not say that if I did not have every reason to believe it.  That is because Brookstone Law seems to be the only consistent firm that I have worked with that has not disappointed me.  And you know what I say about that — which is the best predictor of the future is the past. (Wink)

That is about it for now.

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Song lyrics

• Ain’t got no place to lay your head
• Somebody came and took your bed
• Don’t worry, be happy
• The land lord say your rent is late
• He may have to litigate
• Don’t worry, be happy
• Look at me I am happy

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My name is John Wright AND I AM FIGHTING BACK!

All Rise!  The Honorable Judge Wright has left The Courtroom of Public Opinion!

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Click here for Wright et al vs. BofA lawsuit Announcement page

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Brookstone Law filed Updated Amended Complaint On June 16th, 2011

 

June 16th, 2012

Brookstone Law filed the Wright et al vs. Bank of America lawsuit on February 9th, 2011. Then the Bank of America attorney, Stuart Price, filed a demurrer soon after, which is basically a motion the bank attorney makes to try and have the lawsuit dismissed. Fortunately, Mr. Price was not able to get the whole lawsuit dismissed. However, unfortunately, Mr. Price was successful at being able to get one of what used to be considered one of the main causes of action thrown out by the judge. This cause of action was the “Fraudulent Concealment” cause of action that I spoke about in the last update. Yet this cause of action being thrown out was fairly predictable by the Brookstone team. This is because it was the very same cause of action that was thrown out the Ronald et al vs. Bank of America lawsuit months previous. As previously explained, the Wright lawsuit was virtually identical to the Ronald lawsuit at one time. This is mainly because the Ronald and Wright teams were working together when the Wright lawsuit was first drawn up. Things would only drastically change when there was a falling out between Brookstone Law and one of the main architects of the Ronald lawsuit. This resulted in not only a divorce of sorts between this potentially disgruntled and scandalous attorney and Brookstone Law — but it is also why the Wright lawsuit would metamorphosis into a completely different lawsuit than the Ronald lawsuit. Yet there were and are still parts of the Wright and Ronald lawsuits that are similar when it comes to the causes of action in them from the past. The only difference is that Brookstone has added many more updated and hybrid causes of action over time – which make the Wright and Ronald lawsuit completely different now. This mainly is because there has been so much more evidence and information that has come out about Bank of America and Countrywide, such as in the case of the whistleblower who testified that Countrywide and Landsafe purposely inflated the appraisals of homes. - whistleblower storyIn other words, there seems to be yet another blunt evidence of the “Fraudulent Concealment” now. This is exactly why Attorney Deron Colby made a “Motion for Reconsideration” by the judge for the “Fraudulent Concealment” cause of action being thrown out. Yet even considering — Judge Andlerannounced in May that she would not be reconsidering her decision on the matter – even though she said she was quite sure that Brookstone Law would be appealing her decision. Nonetheless, the Honorable Judge Andler did, however, grant the Brookstone Lawmotion to amend to add Landsafe evidence to the lawsuit. In addition, and much to the Bank of America attorneys objection — the judge also granted the Brookstone Lawrequest to have additional time to amend the Complaint. Why did they need additional time? Why did it take so long for Brookstone Law to complete this process? Well you are about to find out.

I am happy to inform the Wright et al vs. Bank of America Plaintiffs that on Friday, June 15th, 2012, Brookstone Law filed the 5,371 pages updated amended complaint you see below.

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Let it never be said that Brookstone Law has not been working hard on the Wright et al vs. BofA lawsuit. This is because, as I am sure you can imagine, there must have been a lot of hours and staff utilized to prepare every last detail that has been spelled out in these 5,371 pages.

This is a perfect example of why I can assure you that joining a mass joinder is the only way to go if you are going to sue what used to be the largest bank in the world. This is only after you consider the amount of money a person would have had to pay to have an individual attorney file 5,371 pages in an individual lawsuit. Even if you are independently wealthy enough to bring an individual lawsuit against a bank – you better make sure that law firm has the staff to take on such a monumental task.

That is why I can confidently tell you that Attorney Deron ColbyandAttorney Vito Torchia and other Brookstone attorneys and the entireBrookstone Law staff are doing a great job baby! And I don’t mean maybe!

 

The Wright Plaintiffs thank you for a job being well done Brookstone Law.

That’s about it for now!

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My name is John Wright AND I AM FIGHTING BACK!

All Rise! The Honorable Judge Wright has left The Courtroom of Public Opinion!

 

Click here for Wright et al vs. BofA lawsuit Announcement page

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Judge Andler Refuses To Reconsider Throwing Out ”Fraudulent Concealment” Cause of Action

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May 3rd, 2012

Written by John Wright

The “Motion for Reconsideration” for the “Fraudulent Concealment” cause of action being thrown out of the Wright et al vs. Bank of America lawsuit by the Honorable Judge Andlerwas heard on May 3rd, 2012. Attorney Deron Colby at Brookstone Law respectfully requested for Judge Andler to please reconsider her decision based on the new information that has come in about the Countrywide Whistleblower concerning the allegation surrounding Countrywide purposely inflating appraisals on homes. Unfortunately, though very cordial, the Honorable Judge Andler refused to reconsider her previous decision. This is why Attorney Deron Colby respectfully requested that Judge Andler please certify the issue for an interdictory appeal. Nevertheless, Judge Andler declined to do so, while saying that she was not inclined to “invite the Appellate Court to overturn her decision.” Just so that you understand — certifying the issue for appeal just makes the process easier — but it does not mean that the Plaintiffs in the Wright et al vs. Bank of America lawsuitcannot appeal the decision. In fact – Judge Andler even stated that she expected Brookstone Law to be at the Appellate Court across the street challenging her decision on the Fraudulent Concealment claim. The good news is that the Honorable Judge Andler GRANTED THE MOTION TO AMEND TO ADD LANDSAFE. Now as most of you probably already know – LandSafe was the company that most of the borrowers were forced by Countrywide to use for the appraisal of their home — while at the center of controversy because the Whistleblower said they inflated the values.Then Judge Andler also GRANTED THE REQUEST TO HAVE ADDITIONAL TIME TO AMEND THE COMPLAINT. This was even though the Bryan Cave attorneys (Stuart Price and his associate Nafiz) completely protested against the extension. (Upper left picture is of Judge Gail Andler)

Preliminary Injunction

A preliminary injunction is a court order made in the early stages of a lawsuit which prohibits the parties from doing an act which is in dispute, thereby maintaining the status quo until there is a final judgment after trial. A preliminary injunction is regarded as extraordinary relief. The party against whom it is sought must receive notice and an opportunity to appear at a hearing to argue that the injunction should not be granted. A preliminary injunction should be granted only when the requesting party is highly likely to be successful in a trial on the merits and there is a substantial likelihood of irreparable harm unless the injunction is granted. If a party has shown only a limited probability of success, but has raised substantial and difficult questions worthy of additional inquiry, a court will grant a preliminary injunction only if the harm to him or her outweighs the injury to others if the injunction is denied.

The burden for the moving party (Brookstone Law, in this case) is heavy because it must clearly establish, early on in the case, that there is a substantial likelihood of success on the merits despite the defendant’s objections and the fact that the case is young as to the documents discovered and the theories presented. While it is not common to prevail on a preliminary injunction due to this high burden of proof, the judge’s refusal to grant an injunction on our behalf does NOT in any way effect the merits of or likelihood of prevailing on our well-plead causes of action which are: Fraudulent Concealment, Intentional Misrepresentation, Negligent Misrepresentation, Unfair Competition, and Wrongful Foreclosure. In fact, the plaintiffs in the Ronald v. Bank of America case attempted a similar motion for a preliminary injunction on December 2, 2009. The result in that motion was much the same as what occurred recently here, in the Wright case, however the plaintiffs in Ronald went on to prevail in later hearings such as opposing future demurrers, motions to dismiss, and motions to remove in federal court. It is common knowledge that the Ronald case is still pending in Los Angeles superior court today.

Demurrer

A Demurrer is a written response to a complaint filed in a lawsuit which, in effect, pleads for dismissal on the point that even if the facts alleged in the complaint were true, there is no legal basis for a lawsuit. The term “demurrer” is indigenous to California State Superior Courts and a few other jurisdictions, such as Virginia. A hearing before a judge will then be held to determine the validity of the demurrer. Some causes of action may be defeated by a demurrer while others may survive. Some demurrers contend that the complaint is unclear or omits an essential element of fact. If the judge finds these errors, he or she will usually sustain the demurrer (state it is valid), but “with leave to amend” in order to allow changes to correct the issues in the pleadings and make the complaint proper in the court’s eyes. An amendment to the complaint can but will not always overcome a demurrer, as in a case filed after the time allowed by law to bring a suit. If after amendment the complaint is still not properly drafted in the court’s eyes, a demurrer will be granted sustained. In rare occasions, a demurrer can be used to attack an answer to a complaint.

There is a hearing scheduled on Thursday, August 4th in which Brookstone will argue in defense of Bank of America’s recently filed Demurrer. While the outcome of this hearing is uncertain, it is possible that one or more of the causes of action plead on the complaint will have the demurrer sustained against it “with leave to amend.” It is important to understand that this does not mean that the cause of action is removed from the complaint; or that the suit itself has been dismissed, it means that the court is giving us the opportunity to revisit the specifics of that cause of action in order to more closely match the pleading requirements set by the court or required by the cause of action itself.

Motions for Demurrer are not at all uncommon. In fact, in almost every civil case against a competent defendant, it is expected. The Wright case is no exception to this rule. In fact the Ronald case faced its own motion for demurrer, which was heard on December 2, 2009. The outcome of that hearing was that several causes of action were sustained “with leave to amend.” In fact, to date, the Ronald case has been amended three times, and is currently on its Third Amended Complaint. It is Brookstone’s belief that the Wright case is likely to follow a similar track to that of the Ronald case. Please continue to visit www.brookstonelaw.com for future case updates as this case continues to progress.

Click here for Wright et al vs. BofA lawsuit Announcement page

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My name is John Wright AND I AM FIGHTING BACK!

All Rise!  The Honorable Judge John Wright has left The Courtroom of Public Opinion!

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