text:
Home /
Our Sources / About Us
/ FAQs /
Advanced Search
Not what you're
looking for? Try an advanced search.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
June 24, 2011
JACOB WINDING DBA TOP TO BOTTOM CLEANING SERVICE,PLAINTIFF,v.WELLS FARGO BANK, N.A., A NATIONAL ASSOCIATION;CAL-WESTERN RECONVEYANCE, A CALIFORNIA CORPORATION; AND DOES 1 THROUGH 100, INCLUSIVE,DEFENDANTS.
Doc. # 6
This is an action for monetary damages, declaratory and injunctive relief and to quiet title by Jacob Winding dba Top to Bottom Cleaning Service ("Plaintiff") against defendants, Wells Fargo Bank, N.A. ("Wells Fargo") and Cal-Western Reconveyance ("Cal-Western") (Collectively, "Defendants"). The action arises out of the foreclosure and sale of a property located in Modesto, California (the "Property"). In the complaint, Plaintiff alleges claims for relief for fraud, conspiracy, to quiet title, and seeks cancellation of void instrument. In the instant set of motions, Defendants seek to strike Plaintiff's claims for punitive damages and seek to dismiss each of Plaintiff's claims pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. This action was removed to this court under diversity jurisdiction pursuant to 28 U.S.C. § 1332. Venue is proper in this court.
Defendants' request for judicial notice, Document No. 8, was filed concurrently with their motion to dismiss on April 19, 2011. Defendants request that the court take judicial notice of the following documents, copies of which are attached as exhibits to the request:
1. Deed of Trust signed by Warner and Iris Bowers dated May 29, 2007, and recorded in the official records of the Stanislaus County Recorder on June 6, 2007, as Document No. 2007-0075491-00. Exhibit A.
2. Certificate of Corporate Existence dated April 21, 2006, issued by the Office of Thrift Supervision, Department of the Treasury ("OTS"). Exhibit B.
3. Letter dated November 19, 2007, issued by the OTS. Exhibit C. 4. Charter of Wachovia Mortgage, FSB, dated December 31, 2007, reflecting in Section 4 that it is subject to the Home Owners' Loan Act ("HOLA"), 12 U.S.C. § 1461, et seq., and the OTS. Exhibit D.
5. Official Certification of the Comptroller of the Currency ("OCC") stating that effective November 1, 2009, Wachovia Mortgage, FSB converted to Wells Fargo Bank Southwest, N.A., which then merged with and into Wells Fargo Bank, N.A. Exhibit E.
6. Printout from the website of the Federal Deposit Insurance Corporation dated September 2, 2010, showing the history of Wachovia Mortgage, FSB. Exhibit F.
7. Deed of Trust between Warner Bowers (Trustor) and Jacob Winding (Trustee) and TTB Services (Beneficiary) signed by Warner Bowers on December 5, 2001, and recorded in the official records of the Stanislaus County Recorder on August 18, 2009, as Document No. 2009-0081515-00. Exhibit G.
8. Notice of Default dated May 26, 2009, and recorded in the Stanislaus County Recorders Office on May 27, 2009, as Document No. 2009-005207-00; Exhibit H.
9. Quitclaim Deed recorded signed by Warner and Iris Bowers on December 4, 2009, and recorded in Stanislaus County Recorder's Office on December 7, 2009, as Document No. 2009-0116659-00. Exhibit I.
10. Notice of Trustee's Sale dated February 16, 2010, and recorded in the Stanislaus County Recorder's Office on February 25, 2010, as Document No. 2010-018633-00. Exhibit J.
10. Corporation Grant Deed dated March 31, 2010, naming Top to Bottom Cleaning Services as Grantee, recorded in the Stanislaus County Recorder's Office on April 1, 2010, as Document No. 2010-0029430-00. Exhibit K.
Doc. # 8 at 2:3-3:7.
Pursuant to Rule 201(b) of the Federal Rules of Evidence, an adjudicative fact may be judicially noticed if it is "not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned." Id. Therefore, "a court 'may take judicial notice of matters of public record, including duly recorded documents, and court records available to the public through the Pacer system via the internet.' [Citations.]" Peviani v. Hostess Brands, Inc., - F.Supp.2d -, 2010 WL 4553510 (C.D. Cal. 2010) at *3 (citing C.B. v. Sonora Sch. Dist., 691 F.Supp.2d 1123, 1138 (E.D.Cal.2009); see also Holder v. Holder, 305 F.3d 854, 866 (9th Cir.2002)).
The court has examined the documents supplied as Exhibits A, G, H, I, J and K to Defendants' request for judicial notice and finds these documents appear to be, as Defendants' allege, documents duly recorded by the Stanislaus County Recorder. The court also notes Plaintiff has filed no opposition to Defendants' request for judicial notice. The court finds that Exhibits A, G, H, I, J and K are documents duly recorded and therefore proper for judicial notice. The court will judicially notice those documents.
Defendants also contend that judicial notice is appropriate for Exhibits B, C, D, E and F because those documents reflect official acts of executive departments of the United States.
The California Evidence Code specifically provides that judicial notice is proper for documents that reflect the acts of executive agencies of the United States government. Pursuant to California Evidence Code section 452, subdivision (c), judicial notice may be taken of "[o]fficial acts of the legislative, executive or judicial departments ... of any state of the United States." Ordlock v. Franchise Tax Bd., 38 Cal.4th 897, 912 n.8 (2006) (quoting Cal. Evid. Code § 452(c)). It has been the practice of district courts in California, in cases such as the one at bar, to follow the California Evidence Code by judicially noticing official acts of the OTS, the Comptroller of the Currency, and the FDIC, particularly where the acts in question reflect official recognition of existence, name change or the status of the financial organization with respect to federal regulation. See, e.g., Coppes v. Wachovia Mortgage Corp., 2010 WL 4483817 (E.D. Cal. 2010) at *2-*3 (noting that documents reflecting change of bank name and status were properly judicially noticed and providing case examples from California District Courts).
The court has examined the documents submitted as Exhibits B, C, D, E and F to Defendants' request for judicial notice and finds they appear to be, as Defendants allege, letters and other documents memorializing the official acts of the executive branch of the federal government. Again, Defendants' request for judicial notice is not opposed. For the reasons set forth in Coppes and the case authority cited therein, the court finds that judicial notice of Exhibits B, C, D, E and F is appropriate.
Having determined that each of the Exhibits submitted by Defendants in their request for judicial notice are each properly subject to judicial notice, the court will grant Defendants' request for judicial notice in its entirety.
To avoid confusion, the court begins by noting that this action involves very similar parties, non-parties, claims and factual context as was the case in Winding v. NDEX West, 10cv2026, an action before this court in which judgment was entered on May 18, 2011. The primary difference between this case and the preceding case is the location of the property at issue. This action concerns property located in the city of Modesto, California whereas the prior case concerned property located in Salida, California. The factual background presented here is drawn from the complaint and from the documents included as Exhibits to Defendants' request for judicial notice. The facts underlying this action and presented here are not disputed except as noted.
At issue in this action is a piece of property located at 302 California Avenue, Modesto in Stanislaus County (hereinafter, the "Property"). The first factual allegation set forth in Plaintiff's complaint is that Plaintiff "did and at all relevant times purchase the deed to the improved real property located at: 302 California Avenue, Modesto, California." Doc. # 1 at 13 ¶ 10. The court has examined Plaintiff's complaint and the documents for which judicial notice has been granted and finds that Plaintiff's factual allegations regarding ownership of the Property may be misleading in that important facts concerning the conditions under which Plaintiff assumed ownership are omitted. The court will therefore resort to facts that are alleged by Defendants in their motion to dismiss and that are evident on the face of the documents that have been judicially noticed.
The prior owners of the Property were Warner and Iris Bowers. On April May 29, 2007, World Savings Bank loaned $217,000 (hereinafter, the "Loan") to Warner and Iris Bowers secured by a first trust deed against the Property (hereinafter the 2007 Trust Deed). As documented by Defendants' Exhibits, World Savings Bank, FSB, changed its name to Wachovia Mortgage, FSB on December 31, 2007. Exh. C. Thereafter, the Comptroller of the Currency certified the change of Wachovia Mortgage to Wells Fargo Bank Southwest and the merger of Wells Fargo Bank, Southwest with and into Wells Fargo Bank, N.A. on November 1, 2009. Exhibits E and F.
A notice of default on the Loan was recorded on May 27, 2009, by Cal Western on behalf of Wachovia Mortgage. Exh. H. The notice of Default lists Warner and Iris Bowers as trustors on the Deed of the 2007 Trust Deed. On December 4, 2009, the Property was transferred by quitclaim deed from Warner and Iris Bowers to TTB Services, Inc. The quitclaim deed was recorded on December 7, 2009. Exh. I. The Notice of Trustee's Sale was recorded on February 25, 2010. Exh. J. The Notice of Trustee's Sale scheduled the sale of the Property to occur on March 17, 2010. On April 1, 2010, title to the Property was transferred by means of corporation grant deed from TTB Services, Inc. to Top to Bottom Cleaning Service, a partnership.*fn1 See Exh. K. Plaintiff's complaint alleges the actual Trustee's Sale occurred on or about February 28, 2011.
The complaint in this action was originally filed in Stanislaus County Superior Court on March 3, 2011. At the time of filing, Plaintiff was representing himself in pro per. Defendants removed the action to this court on April 4, 2011. The complaint alleges claims for: (1) common law fraud, (2) conspiracy, (3) quiet title, (4) declaratory relief, and (5) cancellation of void instrument pursuant to California Code of Civil Procedure.§ 2924f. Plaintiff's complaint also requests punitive or exemplary damages with respect to Plaintiff's fifth claim for relief. Plaintiff's claims for relief appear to be pegged to one legal contention and one factual allegation. Plaintiff's basic legal contention is that Defendants lacked authority to declare default and order the sale of the property because Defendants did not hold both the promissory note and the deed of trust at the time. Factually, Plaintiff alleges he did not receive notice of sale of the property pursuant to "California Civil Code sections 2924(b)(2) and 2924(f)(b)(1)."*fn2
The instant request for judicial notice and motions for summary judgment and to strike punitive damages claims were all filed on April 19, 20111. Plaintiff filed opposition to the motions to dismiss and the motion to strike on May 9, 2011. Plaintiff was represented by counsel as of the time his opposition briefs were filed. Defendants' reply briefs were filed on May 16, 2011. On May 20, 2011, the court vacated the scheduled hearing date and took the matter under submission as of May 23, 2011.
A motion to dismiss pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure can be based on the failure to allege a cognizable legal theory or the failure to allege sufficient facts under a cognizable legal theory. Robertson v. Dean Witter Reynolds, Inc., 749 F.2d 530, 533-34 (9th Cir.1984). To withstand a motion to dismiss pursuant to Rule 12(b)(6), a complaint must set forth factual allegations sufficient "to raise a right to relief above the speculative level." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007) ("Twombly"). While a court considering a motion to dismiss must accept as true the allegations of the complaint in question, Hospital Bldg. Co. v. Rex Hospital Trustees, 425 U.S. 738, 740 (1976), and must construe the pleading in the light most favorable to the party opposing the motion, and resolve factual disputes in the pleader's favor, Jenkins v. McKeithen, 395 U.S. 411, 421, reh'g denied, 396 U.S. 869 (1969), the allegations must be factual in nature. See Twombly, 550 U.S. at 555 ("a plaintiff's obligation to provide the 'grounds' of his 'entitlement to relief' requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do"). The pleading standard set by Rule 8 of the Federal Rules of Civil Procedure "does not require 'detailed factual allegations,' but it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation." Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) ("Iqbal").
The Ninth Circuit follows the methodological approach set forth in Iqbal for the assessment of a plaintiff's complaint:
"[A] court considering a motion to dismiss can choose to begin by identifying pleadings that, because they are no more than conclusions, are not entitled to the assumption of truth. While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations. When there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement to relief."
Moss v. U.S. Secret Service, 572 F.3d 962, 970 (9th Cir. 2009) (quoting Iqbal, 129 S.Ct. at 1950).
"As a general rule, 'a district court may not consider any material beyond the pleadings in ruling on a Rule 12(b)(6) motion.' [Citation.]" Lee v. City of Los Angeles, 250 F.3d 668, 688 (9th Cir. 2001). However, a district court may consider materials in a 12(b)(6) motion to dismiss that are not part of the pleadings but that are 'matters of public record' of which the court may take judicial notice pursuant to Federal Rule of Evidence 201. Id. Specifically, a district court may take judicial notice of public records related to legal proceedings in both state courts and in the district court. See Miles v. State of California, 320 F.3d 986, 987 (9th Cir. 2003) (district court taking judicial notice of related state court proceedings); Scott v. Kuhlmann, 746 F.2d 1377, 1378 (9th Cir. 1894) (district court takes notice of prior related proceedings in the same court).
I. Plaintiff's Claim for Fraud
Plaintiff's first claim for relief alleges fraud under California common law. Under California law, "[t]he elements of fraud are: '(a) misrepresentation (false representation, concealment, or nondisclosure); (b) knowledge of falsity (or "scienter"); (c) intent to defraud, i.e., to induce reliance; (d) justifiable reliance; and (e) resulting damage.' [Citation.]" Kaldenbach v. Mutual of Omaha Life Ins., 178 Cal.App.4th 830, 850 (4 Dist. 2009) (quoting Lazar v. Superior Court 12 Cal.4th 631, 638 (1996)). The misrepresentation, in this case, appears to be "Wells Fargo Bank's claim of ownership of the Subject Property," which Plaintiff contends is "based on an instrument procured by fraud and without compliance with California Civil Code statutory requirements." Doc. # 1 at ¶ 23. The crux of Plaintiff's allegation of fraud can be boiled down to the proposition that Wells Fargo, prior to the notice of default and sale of the Property, sold or otherwise transferred the promissory note and was therefore unable to show at the time of sale of the Property to a third party that Wells Fargo was the legal owner of the Property. See, Doc. # 1 at ¶¶ 24-27.
Plaintiff has asserted this contention on at least two prior occasions in this court and each assertion has been dismissed. Briefly, California Civil Code § 2924 sets forth the requirements for conducting non-judicial foreclosure proceedings and is intended to be exhaustive. See Moeller v. Lien, 25 Cal.App.4th 822, 830 (1994); Homestead Sav. v. Darmiento, 230 Cal.App.3d 424, 432-33 (1991). A trustee has authority to conduct a non-judicial foreclosure proceeding. Cal. Civ.Code § 2924(a)(1). Furthermore, it is well-settled that California law does not require production of the note as a condition to proceeding with a non-judicial foreclosure proceeding. See id.; Quintos v. Decision One Mortg. Co., 2008 WL 5411636, at *3 (S.D.Cal. Dec. 29, 2008); Tina v. Countrywide Home Loans, Inc., 2008 WL 4790906, at *7-8 (S.D.Cal. Oct. 30, 2008); see also Harrington v. Home Capital Funding, Inc., 2009 WL 514254, at *4 (S.D.Cal. Mar. 2, 2009). Thus, it is clear that if Plaintiff's claim for fraud is ultimately based on the theory that the note was not produced, then Plaintiff's claim is without merit.
In addition, Plaintiff alleges that "as Trustee, [Defendant Cal-Western] also engaged in fraudulent acts and/or omissions when it proceeded with the foreclosure sale of the [P]roperty knowing that Wells Fargo Bank did not have ownership interest in the [P]roperty, and also failed to provide the requisite notice of sale to all parties, including Plaintiff." Doc. # 1 at ¶ 28. Thus, to some extent, it appears that the alleged failure to provide proper notice of the foreclosure sale is a basis for Plaintiff's fraud claim. There are two problems with Plaintiff's contentions regarding notice. First, Plaintiff had constructive notice as of the date of the transfer of the Property by quitclaim deed that foreclosure proceedings were underway because the Notice of Default and Election to Sell had been recorded on May 27, 2009, approximately six months prior to the transfer of the property to Plaintiff. See Cal. Civ. Code § 1213 (providing that recordation of a conveyance of real property is constructive notice of the contents of the conveyance to any subsequent purchaser); Hanlon v. Western Loan & Bldg. Co., 46 Cal.App.2d 580, 601 (1 Dist. 1941) (holding the recording of a trust deed was sufficient to defeat the contention that a subsequent purchaser under a quitclaim deed was a bona fide purchaser without notice). Thus, even if Plaintiff did not receive notice of the sale of the property, he was on notice of the defaulted loan and on notice that foreclosure sale was imminent and on notice of the amount necessary to cure the deficiency. See Knapp v. Doherty, 123 Cal.App.4th 76, 99 (6 Dist. 2004) (signal purpose of the notice of default is to advise trustor of amount required to cure default).
Significantly, Plaintiff does not allege that he did not know about the foreclosure sale or that he would have changed his behavior had he been properly informed. Neither does he allege that the alleged deficient notice was intended to induce some form of reliance. The complaint merely alleges notice was deficient without specifying exactly how that notice was deficient. As will be discussed more thoroughly infra mere deficiency of notice, without facts to indicate an intent to defraud is insufficient to establish a claim for fraud; particularly where there is no allegation that behavior would have been different if notice were adequate.
The court concludes Plaintiff has failed to state a claim for fraud upon which relief can be granted.
II. Claim for Conspiracy
"The basis of a civil conspiracy is the formation of a group of two or more persons who have agreed to a common plan or design to commit a tortuous act." Kidron v. Movie Acquisitions Corp., 40 Cal.App4th 1571, 1582 (1995). Under California law, the "elements of an action for civil conspiracy are (1) the formation and operation of the conspiracy and (2) damage resulting to plaintiff (3) from a wrongful act done in furtherance of the common design." Rusheen v. Cohen, 37 Cal.4th 1048, 1062 (2006).
The factual basis Plaintiff alleges to support the claim of conspiracy is somewhat ambiguous. Apparently the tort that is the basis of the allegation of civil conspiracy is the plan to "defraud Plaintiff of his title to, and interest in, the subject property. Plaintiff claims that the Defendants "sold the Subject Property at trustee's sale under the Deed of Trust without ownership interest in the Subject Property, and without providing the requisite notice of sale to all parties having an interest in the Subject Property, including Plaintiff." Doc. # 1 at ¶ 34. Thus, Plaintiff's claim for conspiracy is tied to his claim for fraud; in particularly the fraud Plaintiff alleged in his first claim for relief. Plaintiff's claim for conspiracy thus stands or falls with his claim for fraud. Since the court has determined that Plaintiff's first claim for fraud fails to state a claim upon which relief can be granted, so too the claim for conspiracy must fail.
III. Claim to Quiet Title
Defendants move to dismiss Plaintiff's claim to quiet title to the Property citing a number of pleading defects and citing Plaintiff's failure to show tender of the complete amount owing on the mortgage. California Code of Civil Procedure § 761.020 states that a claim to quiet title requires: (1) a verified complaint, (2) a description of the property, (3) the title to which a determination is sought and the basis of the title, (4) the adverse claims to the title against which a determination is sought, (5) the date as of which the determination is sought, and (6) a prayer for the determination of the title. The tender rule applies to a quiet title action because the claim is implicitly integrated to the foreclosure sale. Cal. Code Civ. Pro. § 761.020; Kozhayev v. America's Wholesale Lender, No. CIV S-09-2841 FCD DAD PS, 2010 WL 3036001, at *5 (E.D.Cal. Aug.2, 2010); see also Shimpones v. Stickney, 219 Cal. 637, 649, 28 P.2d 673 (1934). Thus, a "quiet title action is doomed in the absence of Plaintiffs' tender of the full amount owed." Gjurovich v. Cal., No. 1:10-cv-01871-LJO-SMS, 2010 WL 4321604, at *8 (E.D.Cal. Oct.26, 2010).
Plaintiff's complaint alleges that "Plaintiff is the true and rightful owner of the Subject Property: he used his funds to purchase the Subject Property; he has paid for and done all repairs, upkeep, renovations, and maintenance of the Subject Property; he paid all taxes due and assessed on the Subject Property since its purchase." Doc # 1 at ¶ 38. Putting aside whether or not Plaintiff has filed a verified complaint, the first reason Plaintiff's claim to quiet title must fail is that Plaintiff has failed to establish a basis for his claim to the title. Plaintiff took the Property by way of quitclaim deed and is therefore subject to all existing liens and encumbrances. Thus, Plaintiff's ownership of the Property was subject to default in the absence of any cure of the default just as the prior owners would have been had there been no transfer of the Property to Plaintiff. The crux of this action is Plaintiff's contention that Defendants lacked authority to issue the notice of default and conduct the foreclosure sale because they were unable to produce the promissory note. As discussed above, that central legal contention is without merit. As a consequence Defendants had the authority to issue the notice of default and to proceed with the foreclosure sale. Plaintiff had the opportunity to cure the default "up until five business days prior to the date of the sale, including any postponement." Id. at 87 (citing Civ. Code § 2924c, subds.(a)(1) and (e). Having failed to avail himself of the opportunity to cure the default, Plaintiff lost his ownership interest in the Property as of the date of the trustee's sale.
Defendants also seek to dismiss Plaintiff's claim to quiet title on the ground Plaintiff has failed to allege tender. Plaintiff opposes dismissal of his quiet title claim on the ground that tender should not be required where it would be inequitable to do so. Doc. # 9 at 4:7 (citing FCPI-RE-HAB 01 v. E7G Inv., Ltd., 207 Cal.App.3d 1018, 1021 (1989)). With regard to whether tender would be inequitable, Plaintiff's argument is clear:
Plaintiff alleges that Defendant [sic] either had no rights to begin with and/or no longer have any rights to claim title to the subject property. Plaintiff is not the borrower on the loan on which Defendant foreclosed on [sic]. Plaintiff is seeking to quiet title, cancellation of void instruments and deed of trust, and declaratory relief on the grounds that the foreclosure was wrongful because (1) Defendant did not have the right to foreclose on the property, and (2) as a record owner of the subject property, after having purchased the deed by way of valuable consideration[,] Plaintiff should have received Notice of Sale prior to foreclosure. Plaintiff was not provided Notice of Sale and therefore did not have the opportunity to try to stop the sale of the subject property. As such, the tender requirement makes no sense.
Doc. # 9 at 4:12-20.
Plaintiff offers no explanation why his allegation that he was not provided notice of the trustee's sale should render the requirement for tender inequitable, nor can the court imagine any reason. The reason that remains, then, is Plaintiff's contention that Defendants were without authority to carry out the foreclosure sale because they had no right or claim to the Property. The underlying basis for Plaintiff's contention that Defendants had no right or claim to the property is that the promissory note had been alienated and that Defendants had neither an interest in the note or permission to act as agents for the holders of the note. As has been discussed to some extent previously and will be discussed further infra, Plaintiff's legal theory is without merit. Consequently, there is no basis for Plaintiff's contention that it would be inequitable to require that Plaintiff plead tender in order to state a claim to quiet title.
The court concludes that Plaintiff's claim to quiet title fails to state a claim for which relief can be granted because it fails to both state a basis for the claim of title and fails to allege tender of the amount in default on the loan which Plaintiff assumed through his quitclaim deed.
IV. Motion to Dismiss Plaintiff's Claim for Declaratory Relief
Plaintiff's Fourth claim for relief seeks declaratory relief alleges that "Wells Fargo Bank has failed to show that it had a simultaneous interest in the promissory loan [sic] relating to the subject Property, and the Deed of Trust." Doc. # 1 at ¶52. Plaintiff's fourth claim contends that "Wells Fargo Bank must be able to demonstrate that the assignment of the promissory note traveled with the Deed of Trust, thus giving it the right and authority to foreclosure [sic] on the property." Doc. #1 at ¶ 53. In his opposition to Defendants' motion to dismiss, Plaintiff clarifies somewhat the underlying legal argument in this action. Plaintiff makes it clear that Defendants' possession of the original promissory note is not at issue in this case, but that it is Plaintiff's contention that "one possessing the deed of trust cannot foreclose on a mortgage without (1) also possessing some interest in the promissory note, or (2) obtaining permission to act as agent of the note-holder." Doc. # 18 at 6:14-15. Plaintiff's argument relies primarily on Landmark Nat'l Bank v Kessler, 289 Kan. 528, 216 P.3d 158 2009 Lexis 834 (Kan. 2009)). Plaintiff further relies on Bellistri v. Ocwen Loan Servicing, LLC, 284 S.W.3d 619, 623 (Mo.App. 2009)), for the proposition that an entity that holds only the deed of trust, having sold or otherwise alienated the promissory note, "'will never experience default because only the holder of the note is entitled to payment of the underlying obligation.'" Id.
Defendants contend that Plaintiff's fourth claim for relief is not actionable because the claim fails to demonstrate "'the existence of an actual, present controversy over a proper subject.'" Doc. #6 at 16:13-14. The court agrees with Defendants that Plaintiff's request for declaratory relief is simply a restatement of the same legal theory asserted in Plaintiff's first and second claims for relief and is therefore not actionable. However, the court considers Plaintiff's claim for declaratory relief a good opportunity for the court to more directly state its conclusion with regard to Plaintiff's central legal theory.
Sections 2924 through 2924k of the California Civil Code "provide a comprehensive framework for the regulation of a non-judicial foreclosure sale pursuant to a power of sale contained in a deed of trust." Moeller v. Lien, 25 Cal.App.4th 822, 830 (1994) (italics added).
Upon default by a trustor [under the deed of trust containing a power of sale], the beneficiary may declare a default and proceed with a non-judicial foreclosure sale. (Civ. Code 2924; [citation].) The foreclosure process is commenced by the recording of a notice of default and election to sell by the trustee.
Id. The statutory framework also defines the trustor's right to prevent foreclosure by curing the default by making back payments on the loan at any time up until five days before the trustee's sale; section 2924c subds. (A)(1) and (e); or by redemption by payment of all amounts due up to the time of the sale. Civil Code sections 2903, 2905.
As district courts in California have noted, the comprehensive nature of California's statutory scheme for non-judicial foreclosure renders inapplicable case authority from other jurisdictions. See, e.g. Newbeck v. Washington Mut. Bank, 2010 WL 291821 (N.D.Cal. 2010) at *7 n.5 (listing and noting the inapplicability of commonly cited out-of-state authority, including Landmark, in California foreclosure cases.) Given the comprehensive nature of the California statutory scheme, this court concludes that it cannot impose requirements not found in statute except as might be imposed by a California court of competent jurisdiction.
As noted, California's statutory scheme grants the power to initiate and carry out foreclosure to the individual or entity that the deed of trust names. In this case, the 2007 Deed of Trust that was foreclosed upon names the Lender; that is, Wells Fargo Bank, as the entity with the power of sale. See Exh. A to Defendant's request for Judicial Notice at ¶ 28 ("If there is a Breach of Duty by me, Lender may exercise the power of sale, take action to have the Property sold under applicable law . . . ."). Plaintiff does not identify and the court cannot find any other qualifications required of the Lender by statute in order to exercise the power of sale. The court concludes that if it is Plaintiff's contention that Defendant must show some sort of ownership interest in the promissory note before instituting foreclosure proceedings, it is Plaintiff's burden to show the existence of such a requirement in California statute or California case law. Since Plaintiff has failed to make the required showing, Plaintiff's claim for declaratory relief will be dismissed.
V. Claim for Cancellation of Instruments
Plaintiff's fifth claim for relief is titled "Cancellation of Instruments Pursuant to Violation of CCP*fn3 Section 2924f et seq." The claim is alleged against all defendants. As Defendants point out, "[c]ancellation of instruments is an equitable claim remedy whereby a court can declare an instrument void when there is a reasonable apprehension that, if left outstanding, it will cause serious injury to a person against whom it is void or voidable."
Doc. # 6 at 17:2-3 (citing Cal. Civ. Code § 3412). Based on ¶ 56 of Plaintiff's complaint, the court concludes that the instrument in question is the Trustee's Deed Upon Sale (the "Deed"). Plaintiff contends that the Deed is voidable in this case because it was obtained "by actual fraud, negligence, inadequate notice of sale and by false promises." Doc. #1 at 18:26-27. As Plaintiff points out in his opposition to Defendants motion to dismiss, the "fraud" alligation has two components; first, Plaintiff contends Defendants did not have authority to foreclose on the property, and second Plaintiff alleges he received no notice of the sale.
Plaintiff's contention that Defendants were without authority to conduct foreclosure proceedings has been thoroughly discussed supra and need not be discussed further. The court address here only the issue of deficient service of the Notice of Sale. Section 2924f specifies requirements for provision of notice of a trustee's sale; how notice is to be provided, to whom, when, and requirements for posting and publication of public notices. Plaintiff alleges that the Deed stated that "'all requirements of law regarding the recording and mailing of copies of the Notice of Default and Election to Sell and the recording, mailing, posting, and publication of the Notice of Trustee's Sale have been complied with.'" Doc. #1 at ¶ 18. Plaintiff contends that since notice of the trustee's sale was not provided to him, the contrary statement on the Deed rendered the sale fraudulent and therefore voidable.
Under California's non-judicial foreclosure statute:
The purchaser at a foreclosure sale takes title by a trustee's deed. If the trustee's deed recites that all statutory notice requirements and procedures required by law for the conduct of the foreclosure have been satisfied, a rebuttable presumption arises that the sale has been conducted regularly and properly; this presumption is conclusive as to a bona fide purchaser. [Citations.]"
Knapp, 123 Cal.App.4th at 87 (quoting Moeller v. Lien, 25 Cal.App.4th 822, 830-831 (1994)).
At the outset it is important to note that the procedures set forth in sections 2429 through 2429h do not require that the trustor be provided actual notice. All that is required is that notice be provided in accordance with the statute. Knapp, 123 Cal.App.4th at 89. Further, the failure to provide notice in accord with all the requirements is not reason to invalidate the trustee's sale where the deviations from the statutory requirements are not substantial. See, id. at 93 (holding that slight deviation from notice of sale requirements does not warrant invalidation of foreclosure sale.)
As noted above, Plaintiff was not entitled to personal service of the Notice of Default and Election to Sell because he was not the record owner of the Property at the time the notice was recorded. Plaintiff is, however, charged with constructive notice of the Notice of Default because the Notice was duly recorded as of the time Plaintiff took title to the Property by way of a quitclaim deed. Similarly, the court has found that the fact that Plaintiff was not provided with Notice of the Trustee's Sale is not, in and of itself, sufficient to constitute fraud or conspiracy to commit fraud. What remains is the question of whether the failure of Defendants to properly discharge their obligations pursuant to section 2924f is sufficient to void the Trustee's Deed of Sale where there is a failure to perform all the requirements of section 2924f where there is no fraud and where there was constructive notice of the Notice of Default and Election to Sell.
There are two reasons Plaintiff's claim to cancel void instruments fails. First, even assuming for purposes of this discussion that Plaintiff was not provided written notice of the sale by mail in accordance with section 2924f, the absence of such notice under the circumstances of this case is not so substantial as to warrant invalidation of the trustee's sale. In Lenher v. United States, 685 F.2d 1187,(9th Dist. 1982), the Ninth Circuit Court of Appeals upheld the refusal of the district court to invalidate a trustee's sale where the notice of sale had been sent to the wrong address. Id. at 1190-1191. The Lenher court held that where there was evidence to support a finding that the trustor had actual notice of the imminence of the trustee's sale, the failure to provide written notice by mail was insufficient reason to invalidate the trustee's sale. Id. Here, as in Lenher, the court finds that Plaintiff had at least constructive, and probably actual notice of the imminence of the trustee's sale because the Notice of Default and Election to Sell that was duly recorded prior to the time Plaintiff took possession of the Property by quitclaim deed. In addition, the actual sale of the property was delayed for nearly eleven months from the date originally set forth on the notice. Although there is little in the record before the court to indicate what the cause of the delay was or whether there was interchange between Plaintiff and Defendants during that time, the court is not inclined to presume Plaintiff had no information relating to the impending Trustee's sale for the entirety of the eleven-month delay. As noted above, Plaintiff had the opportunity to cure the default at any time during this delay. In this regard, the court notes that Plaintiff was no stranger to the process of foreclosure given his involvement with a similar set of circumstances in Winding v. NDEX West, 10cv2026, a proceeding before this court in which the trustee's sale had been conducted about five months prior to the trustee's sale in this case.
Second, the court agrees with Defendants that Plaintiff cannot allege prejudice with regard to the absence of notice because he has not alleged tender. It is well established that a trustee's sale will not be set aside or invalidated unless there is prejudice to the trustor. See Knapp, 123 Cal.App.4th 76, 94-95 (reviewing cases where prejudice was and was not evident). Here the court has rejected Plaintiff's contention that the requirement of tender would be inequitable. As previously discussed, the court has concluded that there is no basis upon which Plaintiff, having originally taken the Property by way of quitclaim deed, could be relieved of the obligation to pay the amount owing on the 2007 Trust Deed. Since there has been no allegation of tender, Plaintiff cannot claim any interest in the Property as of the date of the foreclosure sale. The court concludes that Plaintiff's claim for cancellation of void instrument will be denied because the requisite showing of prejudice has not been made.
VI. Leave to Amend
Plaintiff's complaint will be dismissed in its entirety. Generally, "[i]f a complaint is dismissed for failure to state a claim, leave to amend should be granted unless the court determines that the allegation of other facts consistent with the challenged pleading could not possibly cure the deficiency." Schreiber Distributing Co. v. Serv-Well Furniture Co., Inc., 806 F.2d 1393, 1401 (9th Cir. 1986). Given that the original complaint was written by Jacob Winding representing Plaintiff in pro per, the court is inclined to grant limited leave to amend, even though amendment of Plaintiff's prior action in Winding v. NDEX West was unsuccessful. However, the court imposes two limitations on any amendment.
First, in this case the court is aware that Jacob Winding was representing Plaintiff in pro per at the time the complaint was filed in Stanislaus County Superior Court. Plaintiff was represented by counsel as of the time opposition was filed to Defendants' motion to dismiss, so the issue of Jacob Winding's authority to represent Top to Bottom Cleaning Service did not arise. The court notes that recently Plaintiff's attorney of record has asked for, and been granted, permission to withdraw from the case. Having not received any notice of substitution of counsel, the court presumes Plaintiff is without counsel as of this writing. As previously noted by the Magistrate Judge, to the extent Plaintiff in this case, Top to Bottom Cleaning Services, is a partnership, Jacob Winding is not authorized to undertake its representation in court.
Second, the court has invalidated Plaintiff's theory that recovery can be had based on the fact that Defendants did not show that they possessed any interest in the promissory note. In Winding v. NDEX West, the court also invalidated Plaintiff's theory that he was entitled to relief on the basis of a senior deed of trust. Neither of these theories are viable under the facts of this case and the court will summarily dismiss any amendment that alleges claims for relief that are predicated on either theory. Plaintiff will have 21-days from the date of this order to file any amendment. Continuations of time to file an amended complaint will be strongly disfavored.
THEREFORE, in accord with the foregoing discussion, it is hereby ORDERED that:
1. Defendants' request for judicial notice is granted as to all documents submitted for judicial notice.
3. Defendant's motion to dismiss pursuant to Rule 12(b)(6) is hereby GRANTED as to all claims set forth in Plaintiff's complaint. Plaintiff's complaint is hereby DISMISSED in its entirety as to all Defendants.
4. Any amended complaint shall be filed and served not later than twenty-one (21) days from the date of service of this order. If no amendment is filed within the allowed period, Defendants shall notify the court of Plaintiff's failure to amend and request the case be closed.
5. Defendant's motion to strike portions of Plaintiff's complaint is DENIED as moot.
Our website includes the main text of the court's opinion but does not include the
docket number, case citation or footnotes. Upon purchase, docket numbers and/or
citations allow you to research a case further or to use a case in a legal proceeding.
Footnotes (if any) include details of the court's decision.
Official citation and/or docket number and footnotes (if any) for this case available with purchase.
Learn more about what you receive with purchase of this case.
LRC, Inc. About Us


text:
What does 97064 stand for?
What does 97064 mean? This page is about the various possible meanings of the acronym, abbreviation, shorthand or slang term: 97064.
We've found a total of 1 definition for 97064:
Filter by: Sort by:PopularityAlphabeticallyCategory
What does 97064 mean?
- 97064
- 97064 is the US ZIP code of Vernonia - Oregon
Still can't find the acronym definition you were looking for? Use our Power Search technology to look for more unique definitions from across the web!
"97064." Abbreviations.com. STANDS4 LLC, 2016. Web. 7 Dec. 2016. <http://www.abbreviations.com/97064>.

subset: commoncrawl


text:
In accordance with Presidential proclamation and Governors order, Foxborough's municipal flags will be at half-mast Wednesday, December 7th in honor of National Pearl Harbor Remembrance Day
Flags Lower for National Pearl Harbor Remembrance Day
Free Women's Health Seminar – Pre-Pregnancy Planning
Norwood Hospital will host a Pre-Pregnancy Planning Seminar on Wednesday, January 11th from 6-7pm in the Abraham Sieracki Conference Room at Norwood Hospital, 800 Washington Street, Norwood. Obstetrician and Gynecologist, Alice H. Shen, MD will discuss preparing for a healthy pregnancy, including good nutrition, fitness programs, immunizations, vitamin supplements and ovulation. A light supper will be served. Please reserve your spot by calling 781-278-6024.
Norwood Hospital is a full-service, 215-bed community hospital for adults and children with a focus on delivering world-class health care along with the latest advances in technology and treatment options. Norwood Hospital is part of the Steward Health Care System LLC, the largest integrated community care organization in New England which combines over 3,000 physicians, 9 acute care hospitals, managed care, insurance programs, home care, an imaging operation, and a number of other post-acute services, to provide the most cost effective and highest quality of integrated patient care. Additional information is available at www.norwood-hospital.org
Artifacts From Tom Brady's Record-setting 201st Career Win Now On Display At The Hall At Patriot Place
Fans can now see the latest pieces of Patriots history at The Hall at Patriot Place.
Sunday's 26-10 win over the Los Angeles Rams was the 201st overall win in Tom Brady's illustrious career, making the New England Patriots signal-caller the NFL's all-time winningest quarterback.
The uniform Brady wore during Sunday's historic victory along with a game ball are now on display at The Hall at Patriot Place presented by Raytheon.
Brady won his first career NFL start on Sept. 30, 2001 with a 44-13 victory over Peyton Manning and the Indianapolis Colts at Foxboro Stadium. Fifteen years later, the future Hall-of-Fame quarterback has more overall wins than any other quarterback in NFL history. Brady has set franchise and NFL records, won two NFL MVP awards, three Super Bowl MVP awards, six AFC Championships and four Super Bowl titles.
The Hall, which preserves history as it's made by displaying artifacts from milestones and record-setting performances that occur throughout each Patriots season, is open Monday through Friday from 10 a.m. to 5 p.m., Saturday from 10 a.m. to 9 p.m. and Sunday from 10 a.m. to 7 p.m. Check www.thehallatpatriotplace.com for schedule changes and closings. Admission is $10 for adults, $7 for seniors and active military with ID and $5 for children ages 5 to 12.
The Hall at Patriot Place presented by Raytheon is the crown jewel of Patriot Place and the only sports and education experience of its kind. Through a dazzling array of interactive multimedia exhibits and artifacts never before viewable by the public, The Hall showcases the tradition of the New England Patriots, explores the history of football in New England and promotes math and science education for thousands of schoolchildren each year. The Hall received a Gold MUSE Award from the American Association of Museums and The Hall's signature film, "Patriots Way," won a CINE Golden Eagle Award. The Hall was named to Boston Globe Magazine's Best of the New, and was a Yankee magazine Editor's Choice recommendation. Tickets to The Hall are $10 for adults, $7 for seniors and $5 for children 5-12. Children 4 and under are admitted for free. The current hours of operation are 10 a.m. to 5 p.m. from Monday to Friday, 10 a.m. to 9 p.m. on Saturday and 10 a.m. to 7 p.m. on Sunday. For more information or to purchase tickets, please visitwww.TheHallatPatriotPlace.com, visit "The Hall at Patriot Place presented by Raytheon" on Facebook or follow @TheHall on Twitter.
Foxborough Warrior Football vs. Nauset 11/4/16


text:
Fashion Model Girl
Vector graphics of a sexy model. Full body portrait of a woman wearing a knee length dress and high heel shoes. Silhouette of sexy girl, elegant body posture and wavy hair. Free vector for fashion, style, models, modeling, sex appeal, sexy girls, female beauty and trends visuals.
This File Appears In Searches For
Silhouette girl woman female sexy Fashion Model Dress style Catwalk Sex appeal
Users Who Downloaded This File Also Downloaded
Users who downloaded this file also searched for
Fashion Model Girl


text:
Tablet PCs and smartphones are the key target markets, in addition to the emerging electric vehicle and new energy sectors.
Portable electronics continue to drive R&D and production in China's Li-polymer battery industry. Suppliers are working on units thinner than 3mm to match demand for slimmer but high-capacity power sources, particularly in the strong tablet PC and smartphone segments. The mainstream profiles are 3 to 5mm.
Click here to read the complete article on Global Sources.
Note: This article "Li-polymer battery makers boost consumer electronics base" was originally published by Global Sources, a leading business-to-business media company and a primary facilitator of trade with China manufacturers and India suppliers, providing essential sourcing information to volume buyers through e-magazines and trade shows.
All price quotes in this report are in US dollars unless otherwise specified. FOB prices were provided by the companies interviewed only as reference prices at the time of interview and may have changed.
Disclaimer: All product images are provided by the companies interviewed and are for reference purposes only. Those product images featuring products with trademarks, brand names or logos are not intended for sale. We, our affiliates, and our affiliates' respective directors, officers, employees, representatives, agents or contractors, do not accept and will not have any responsibility or liability for product images (or any part thereof) which infringe on any intellectual property or other rights of a third party.


text:
NYS Department of Environmental Conservation
- Local Schools Study Hudson Riverpcnr.com
- GPesticides at playgroundgcnews.com
- CMill Basin:canarsiecourier.com
- Addressing the town's role, responsibilities for Westwoodamherstbee.com
- Oswego Considering Assessment Management Plan For Wastewater Treatment Plantoswegocountytoday.com
- Mad Minute stories from Wednesday, May 4thKHQ Local News
- Cuomo Orders Testing Of Bethpage's Ever-Creeping Toxic Plumelongislandpress.com
- Coming Soon to a Neighborhood Near Youartvoice.comElmwood Village
- Search and Rescue Team Will Offer Training Class in Spring 2016oswegocountytoday.comOswego
- Dogs and Harmful Algal Blooms: New York Sea Grant Brochure Alerts Pet Owners Of Potentially Lethal Toxins In NY Watersoswegocountytoday.com
- Sport Fishing Industry Contributes Millions to Local Economyoswegocountytoday.com
- EGo fisheaglenewsonline.com
- Oswego Cinema 7 12/25/2014 – 12/25/2014oswegocountytoday.com
- Student Cited For Outstanding Poster Designoswegocountytoday.com
- Candlelight Christmas Eve Service Set At Mount Pleasant UM Churchoswegocountytoday.com
- Giving Big At Rileyoswegocountytoday.com
- New toxins testing begins at Veterans WayNewsdayNorth Port
- Public Noticequeenstribune.com
- Salmon River's Special Fly-Fishing, Catch-and-Release Areasoswegocountytoday.comNew York
- Who's On First? Set To Openoswegocountytoday.com
Frequent names
Newstral's extraction of names of people and organisations from the world's news is completely automated. If you do not want your name to appear here, please contact us. We will be happy to look at your request.


text:
Cottage in Flamborough, Yorkshire, England - Stylish And Very Comfortable Flamborough Holiday Cottage
Built in 2006 Croft Cottage is conveniently located on the outskirts of Flamborough and close to the unspoilt heritage coastline. Ground Floor:2 Double bedrooms.(triple glazed windows fitted March 2016) Third bedroom with single divan having additional guest bed stored beneath.This room also has French doors leading out onto the patio area.Modern white bathroom suite with overhead Mira Shower.Entrance hall and bathroom with top quality Travertine Tiled Floors.Under stairs cupboard with automatic washing machine and lounge. Open Galleried staircase leading to First Floor: Twin aspect lounge. Rustic brick inglenook fireplace housing modern cast iron Gas Fired Stove. Flat TV with built in DVD Player. Contemporary open aspect Kitchen - Dining Room, boasting modern Integrated Appliances including Electric Oven, Gas Hob with Extracter Hood, Dishwasher, Larder Fridge, Freezer and Microwave. Outside Features: Attractive enclosed Garden. Detached built garage and parking for two further cars. Sorry but smoking and pets are NOT allowed at the cottage.
Top Traveller Review
excellent cottage and ideal location
About the Owner
I own croft cottage and live within 50 yards of it so can keep an eye on the property and be accessible to visitors
Guestbook comments from the manager
1 Reviews
5 based on 1 holidaymaker reviews
excellent cottage and ideal location
Lovely cottage, beautifully furnished, clean throughout. Excellent location for coastal walks, beaches and attractions.
From the Owner
"Croft cottage, Flamborough is a newly built cottage (2006) using traditional materials. I bought the cottage as an investment and also because it is in the same courtyard where I live so that I can easily keep an eye on it"
Activity and Interests
The cottage is within walking distance (less than half a mile) to lovely beaches and the cliff top.
500 yards up the road is Danes Dyke with its wooded walks and deer roaming around.
The RSPB reserve at Bempton is 3 miles away.
you can be on the beach or walking the cliff tops within a fifteen minute walk.
Flamborough is accessible by main road.
The nearest main line station is Bridlington which is 4 miles away.
Flamborough village is within walking distance (with an array of shops/dining pubs/churches/pharmacy etc)
Bridlington is 4 miles away/ Filey 10 miles away and Scarborough 18 miles away.
Further Details:
You will find many things to see and do in and around the Flamborough area. For the energetic there are some lovely walks, many of which have circular loops leading back to the cottage or village. Literally across the road is a public footpath that will take you to nearby Danes Dyke, with its nature trail and lovely secluded beach that is exposed at low tide. If you look carefully you may see some of the local deer in and about the woodlands. The nearby coastal path provides unrivalled cliff top views as well as taking in the two lighthouses, coves and beaches that can be found in and around the headland.
Flamborough village is relatively unspoilt, although it does have a good range of local shops, pubs and hotels that serve restaurant or bar meals. For more detailed information check the village community website.
Bempton Cliffs and Bird Sanctuary are only 2 miles away. This site is one of the best renowned in the country and is a mecca for bird watchers who come to see the thousands of birds that nest on the cliffs and feed in the rich waters off the coast. The best time to visit is late Spring to early Summer when the birds are breeding.
The nearby golf courses at Bridlington Links, Flamborough G.C. and Bridlington G.C. all provide a challenging test of golf. Some tremendous coastal views can be taken in whilst enjoying a round or two!
The cottage is also a good base for visiting nearby Stately Homes, parks and Gardens such as Sewerby Hall, Burton Agnes, Nunnington Hall and Castle Howard to name but a few. If a visit to the traditional seaside is the rule of the day, then the resorts of Bridlington, Filey and Scarborough are all close by.
Whatever your choice, you will never be short of anything to do during your stay.
Annual Inspection by "Cottages4you" 12th December 2015
a) apperance of buildings "very well maintained property"
b) Parking "very good parking provision"
c) cleanliness "scores 9.5 for cleanliness"
d) decoration " a professional standard of finish"
e) furnishings etc. "a very good level of comfort"
Prices and Availability
Rental rates
|Rental Period
|Minimum Price
|Additional Nights
|Weekend Night
|Event Price
Nov - Dec 18th 2016
6 Dec 2016 - 16 Dec 2016
Changeover Day: Friday
3 night minimum stay
for 3 nights
My Standard Rate
3 night minimum stay
for 3 nights
Additional pricing information
|No additional mandatory fees
Booking Notes:
To find out about booking and availability of the cottage please get in contact with us
The cottage is usually let from Friday to Fridfay
Changeover Day:
Friday at 2pm
If it is a shorter break ( 3 or 4 days) then the changeover can be negotiated
Notes on prices:
If you have any query about prices please ask!
If it is near to a letting period and the cottage is vacant than a reduction is possible,
Manager's Cancellation Policy
- 12
- Available arrival
- 12
- Available
- 12
- Unavailable
From the Owner
"I have never stayed at the cottage myself. The testimonials of those who have stayed there within the last 12 months highly recommend it."
Property Type
- cottage
- Heating
- Internet
- Iron & Board
- Living Room ...
- Parking
- Washing Machine
- Dishwasher
- Freezer
- Kitchen ...
- Microwave
- Oven
- Refrigerator
- Hob
- Child's Highchair
- Dining Area
- Television
- children welcome
- suitable for elderly or infirm
Location Type
- beach
- near the sea
- resort
- rural
- village
- bay
- caves
- churches
- cinemas
- library
- playground
- restaurants
Leisure Activities
- beachcombing
- bird watching
- horse riding
- paddle boating
- scenic drives
- walking
Local Services & Businesses
- ATM/bank
- groceries
- hospital
- medical services
Sports & Adventure Activities
- cycling
- fishing
- fly fishing
- freshwater fishing
- golf
- hiking
- pier fishing
- sailing
- bay fishing
- swimming
- tennis
- Bathroom 1 - Toilet, Bath (no shower), Shower Enclosure
- Modern white bathroom suite with overhead Mira Shower Entrance hall and bathroom with top quality Travertine Tiled Floors
- 3 Bedrooms, Sleeps 6
- Bedroom 1 - 1 Cot
- Bedroom 2
- Bedroom 3
- Description of sleeping capacity: Sleeps up to 6, 3 bedrooms Notes on bedrooms: 2 Double bedrooms (triple glazed windows added March 2016) Third bedroom with single divan having additional guest bed stored beneath.This room also has French doors leading out onto the patio area.
- Golf ...
- Garden
- Self-catering
- Notes on accommodation: All prices shown are fully inclusive of gas, electricity, towels and bed linen Welcome pack provided upon arrival WI Fi and Broadband with access to BT Sport is available free of charge Outside: There is a medium sized garden - private with a patio areas and garden furniture. There is a garage and private off street parking for a further two cars. Utility Room: Beneath the stairs there is a washing machine Cleaning / Towels / Linen / Maid service: The cottage is professionally cleaned between each letting. Bed linen and towels are provided as part of rent. Other: Separate dining room with dining table for 6 plus high chair - window on to field with sheep and horses


text:
Will Boone: Star Material
This young artist is digging deep and stirring things up.
In early September, Will Boone's studio in the Red Hook neighborhood of Brooklyn was jam-packed with spray paint cans and grimy paintings thickly layered with black acrylic letters and numbers (911, xiii) that were about to be shipped to London for his first show at the Jonathan Viner Gallery. "I also have all this stuff that was made by inmates in prison," said Boone, 32, as he walked over to a short shelf bearing a collection of cardboard dominoes, dice fashioned from bread, and other curios—like a coin with a bullet shot through it, and a stuffed snake he picked up in a junk store in Houston, where he grew up. Such obscure bits of underbelly Americana regularly provide inspiration for Boone. The spare, punchy works he makes with just a few lines of orange spray paint, for instance, riff on the markings—he calls them "hieroglyphics"—that vagabonds left under bridges or in train yards in the 1930s and '40s. "They're like survival clues for how to get by," he said. "Like, 'Don't stop—keep going.' " Boone moved to New York five years ago, encouraged by the artist Mark Flood, for whom he was working, and he's quickly gained a following. In December, at the Rubell Family Collection in Miami, he will present an installation built from boxing-gym equipment. He's also experimenting with his symbol paintings, trying out new spray paints, and working on larger canvases. "The place where the thing gets fucked up—that's the moment of beauty," he said.


text:
The highest honor of gardening belongs to Mother Nature. Here, she has created a bounty of incredible colors and air of sweet perfume. Among the bouquet are Wooly Mule's Ears, Silver Leaf Lupine, Western Pennyroyal, Lavender Gilia and Showy Penstemon. The Mule's Ears are a member of the Sunflower Family – with several large, deep yellow flower heads on long stalks. All of the leaves emanate from the base of the stems. The Western Pennyroyal is a mint and has been brewed for tea and used for medicinal purposes for centuries.
You really should see this scene ENLARGED.
Photo: Eagle Lakes Wilderness, Tahoe National Forest, California – USA


text:
This piece may be shown differently in our showroom than as pictured on website.
Select items have different fabric choices available, price may vary depending on fabric chosen.
Pricing is "as displayed" in our showroom. Please contact us for more
information on this piece.
Go for a unique look in your living room with this updated Chesterfield style sofa. The classic look sofa showcases a tall back and rolled arms with button-tufting, just as you would expect to find in an English country house. Box seat cushions for updated style and comfort mix well with the stylish accent pillows. One set of the pillows features a fabric with color vintage-inspired motifs and the other set features a solid grey color fabric. Part classic, part contemporary, this sofa is sure to add flair to your decor.
The Hindell Park Transitional Chesterfield Sofa by Ashley Furniture from Becker Furniture World. We proudly serve the Twin Cities, Minneapolis, St. Paul, Minnesota area. Product availability may vary. Contact us for the most current availability on this product.
Create an English Country style retreat within your own home with this upholstery collection. The sofa and loveseat take influence from the classic style Chesterfield look with updates for today's lifestyle. Stylish accent fabrics add eclectic style with ample sophistication.
The Hindell Park collection is a great option if you are looking for furniture in the Twin Cities, Minneapolis, St. Paul, Minnesota area.
These images are representative of this group as a whole and may differ from this item.
Browse other items in the Hindell Park collection from Becker Furniture World in the Twin Cities, Minneapolis, St. Paul, Minnesota area.
This item has been tagged as: Sofa, Couch, Couches, Backless Sofas, Conversation Sofas, Conversational Sofas, Theater Seating, Theatre Seating, Home Theater Furniture, Angled Sofa, Davenport, Stationary Sofa, Stationary Couch, Home Theater Seating, Upholstered Sofa, Upholstered Furniture, Sofa Couch, Living Room Furniture, Furniture, Seating
Nothing on this page may be copied or reproduced without explicit permission.
Drag anItem Here
To start a new blank room plan, enter the desired room dimensions below and click Create Room.
To request a new password, enter your username or e-mail address and click submit. A new password will automatically be emailed to you.
If you are still having trouble logging on after receiving your new password, please email firstname.lastname@example.com


text:
Simon & Patrick Woodland Cutaway Spruce Guitar with B-Band A3T EQSP1095 623501029044
Item Added to Cart
Loading Description..
Get everything you need in one go
Loading...Store pick up is not available for this product. Please order online to have this delivered.
Delivery estimate to (change):
Please select a product option to continue.
Usually ships in 3 - 5 business days
The Simon & Patrick Woodland Cutaway Spruce Guitar with B-Band A3T EQ has been meticulously and sustainably handcrafted in Canada in the factories of renowned guitar manufacturer Robert Godin. It delivers accented clarity thanks to its select pressure-tested solid spruce top, which makes for a brighter sound that will cut through the mix. It also features Red Wild Cherry back and sides, and a B-Band A3T pickup and EQ system with built-in tuner.
Key Features
- The Simon & Patrick Woodland Cutaway Spruce Guitar with B-Band A3T EQ has a back and sides made from Red Wild Cherry, as well as a rosewood fingerboard and bridge.
- The solid spruce top has been pressure-tested.
- Use the cutaway to solo all the way up the fretboard.
- This Simon & Patrick Cutaway Acoustic Guitar is equipped with a B-Band A3T pickup and EQ system with built-in tuner.
- Finished with custom semi-gloss polish.
- Phosphor bronze strings add warmth and brightness.
|Barcode (GTIN)
|Acoustic Electric Guitars
|Simon and Patrick
|Weight (kg)
|Product Height (cm)
|Product Width (cm)
|Product Depth (cm)
If you feel your product has failed a Consumer Guarantee (as defined by Australian Consumer Law) then don't worry you can easily return it to your local Harvey Norman store. We'll even pay for the postage if you live in an area where there is no store. Our returns policy covers any purchased item (conditions apply).
Either complete the details below or chat to a staff member online.
Interest Free
Like this? Share it Share this on Facebook Share this on Google+ Share this on Twitter Share this on Pinterest


text:
Tags: big cock blowjobs brazilian deep throat gays latin outdoor
Tags: ball licking blowjobs butt gays latin oral outdoor
Alexander Senna: Beefy Latino Fucked By A White Cock
Tags: big cock butt deep throat dick doggystyle gays hardcore
Alexander Senna: Spicy Latino Muscles Anal Desires
Tags: anal ass doggy gays oral rough sucking
Renzo Mazime and Alexander Senna Yummy Beefy Men
Tags: anal blowjobs gays gym
Muscle studs Douglas Masters Alexander Senna fucking each other
Tags: hardcore
Muscular studs Alexander Senna and Renzo Mazime fucking gym exercise
Tags: gym hardcore
Tags: ass big black cock blowjobs butt dick gays gym
Sex-starved young chick is excited to pleasure herself for
Tags: amateur babes masturbation solo voyeur
Kinky cock starved MILF gives a sex education class to teens
Tags: kinky milf teens
Tattooed teen latina riding a cock outdoor
Tags: latin outdoor riding teens
Mieko Ishimura - Hairy Cunt JAV Mature Riding A Young Cock
Tags: cunt hairy matures riding
Ally Kay amateur teen with big ass riding huge cock and riding outdoor
Tags: amateur big ass blondes blowjobs cute huge cock outdoor
Angry gay dilf fucking young lover roughly
Tags: cumshots gays hd masturbation
Cock starved blondie Victoria Givens munches a massive cock with pleasure
Tags: mmf pornstars threesome victoria givens
Cock starved Carmella Woods gets hermouth stuffed with a rock hard cock
Tags: ebony milf
Cock starved Haley Scott stuffs her mouth with a massive erect cock
Tags: haley scott mmf pornstars stockings
Nude young gay sexy nipple ass men first time Scott Alexander is a thirsty lil bottom
Tags: amateur ass first time gays masturbation nude twink
Cock starved Holly West gets her mouth hooked up on a meaty cock
Tags: blowjobs brunettes holly west pornstars
Cock starved bitch Anna Nikova loads her mouth with a massive errect cock
Tags: anna nikova big cock big tits bitch blowjobs deep throat
Cock starved Valerie Luxe fits a monstrous cock in her mouth with pleasure
Tags: brunettes deep throat pornstars
Cock starved honey Barbara Summers gets her mouth attacked by a massive cock
Tags: anal blondes riding
Cock starved Jaime and Poppy having fun sharing a massive black cock together
Tags: big cock black funny interracial pornstars
TrafficHolder.com - Buy and Sell Adult Traffic|Trafficshop.com - Let your business grow|Contact Us|Webmaster
All content, including images, text, graphics, video and audio content contained in the website is protected under the laws of copyright, owned or under license to company or its designees,and represents proprietary and valuable intellectual property.
Contact Webmaster 18 U.S.C. 2257 Record-Keeping Requirements Compliance Statement
Powered by Stream Rotator


text:
Occasions Entertainment is a Professional Mobile DJ Service specializing in Wedding and Special Event Entertainment. We are your premier Licensed and Insured Event "DJ's" in Las Vegas. "BOOK NOW" and join hundreds of Satisfied Clients Today!
Past clients please review us, your input is very important to our success!
Copyright © OCCASIONS ENTERTAINMENT


text: Enter xBBW com updated archive movie anal, creampies, amateur more. net, Free Big Beautiful Woman Sex Pictures and BBW Porn! Welcome to our big collection of the high quality porn movies, video clips, plumpers picture photo galleries crazy pics; fruity some bbw; better bitches; vids; chicks; booty; chicks free hi-quality pics! bbw, woman, women, beauty keandra. All kinds hot smoking fatties in various com pornmd. Chubby XXX Movies - best porn! Fat, chubby pussy getting fucked! teens obese matures! Daily Updated! HQ FAT galleries collected for you on resource! Only actions are waiting Galleries shouldn`t miss a chance spending com anal net. Hot Movs,chubby teen fucking anal mature amature sex movies 18 years old asshole screaming tube videos even big, plus-sized girls love get plump asses watch how these nude go about having huge bodies fucked front camera. Number one tubes website with hottest thick flabby babes that will blow away, grouped see around here. Golden Anal is Cute Pics Videos, Porn, Fat Pussies, Tits Cunts you loving freak! yplf coolest site net! porntube now added twice per day! be sure check both. Updated Galleries tube? visit extremetube watch black busty bbws enjoying fuck moaning. Plump Porn; Videos; Fatty Mom; Porn Site; Sweet Tube; X Pussy; Sexy A Movies; Naked Clips; Tube GET Your Fix Right Here! CLICK Now And ENJOY The Best With Hardcore Monster Cock Action Sex! WATCH Black Wet Pussy Large Bbw Teen Anal, Teen, Mature Hairy free porn facesitting sex. Pro Porn: Huge boobs Asses, Babes Grannies scared squeeze? these young virgins aren t, as they have virgin broken, different hd exclusive other niches! enjoys clips pics much movie picture every day, galleries, clips beauties heat need tough male rods tame hungry lust. kind Busty Women here! Hottest videos clips tune naughty share making skills. Playing right now: Clarrisa Masturbating Her Redtube bbw-mpegs presents: naughtiest juicy curvy craving gets cum toys lady fucks featuring stars free. Come inside view some luscious fat white ass showing off their tight holes filled dick models legal 18+. 06:03 Making Fun Toys Sexyouporn, bbw, sex, toys, today name Creampie Fuck makes hearts all its visitors jump joy & thrill bbw| | tubes elephant tube. This large totally absorbing its we millions so visit us avn videos! hourly mobile videos brutal kinda inspires rough them bitches up does it not? out section tons brutal where drive goes through. Wild ripples sensational pleasures coursing down beauty s body read quality, in-depth honest reviews dinoreviews. Experience babe orgasmic fun her now! Love ladies bbw anal? Looking interesting videos? Take look at most ever! Here can find Sex, Pornstars, Fuck, Asses many more things :) Are looking Check this adult xxx erotic video: @ tube com. asexstories try review top sites. com updated archive movie anal, creampies, Amateur more enjoy internet reviews! amateur kitty nation just started career know little better here


text:
An Annual Tradition 🎆
An Annual Tradition 🎆
👏Don't 👏celebrate 👏america👏day👏if👏👏you 👏aren't 👏married 👏to👏a👏bald 👏 eagle👏
Happy 4th of July
Amid all of the US' Independence Day celebrations and Steve Rogers posts…
Happy 18th Birthday, Malia Obama!
The 190th anniversary of when Thomas Jefferson and John Adams both dropped dead
Lin-Manuel Miranda wrote In the Heights to prove that Latinos aren't knife wielding criminals.
Lin-Manuel Miranda didn't want to focus on the guy selling drugs on the corner, he wanted to focus on the guy who owns the corner store.
Lin-Manuel Miranda wanted to show Latinos in college.
Lin-Manuel Miranda wanted to show Latinos wishing to change the world.
Lin-Manuel Miranda wanted to show Latino business owners.
Lin-Manuel Miranda wanted to show even though Latino culture is different, we are still legitimate Americans.
Lin-Manuel Miranda set In the Heights happen during July 3rd to July 5th.
Lin-Manuel Miranda shows the barrio celebrating the 4th of July.
Lin-Manuel Miranda also shows the barrio being incredibly prideful of their country of origin.
In the Heights is as much of an American Musical as Hamilton.
the only thing americans like more than freedom is barely legal fireworks
and at the stroke of midnight on the fourth day of the seventh month, all americans will assume their true forms:
*american pie playing in distance*
by zhemme
I greet everyone celebrating 4th of July!
Happy 4th of July! #JuneteenthOrBust
tfw ur b-day is the 4th of july and america's national bird crashes ur party with a fancy af cake:
happy 4tH OF JULY YOOOOOO


text:
SEGA's released the launch trailer for Captain America: Super Soldier, its latest title which hits stores today.
In Super Soldier, gamers take on the roll of Captain America during World War II. As Marvel's defender of the American way takes on Red Skull and his army in a third-person action shooter, Gamers use Captain America's trademark shield to try and take out multiple enemies in one go or to deflect incoming fire back at enemies.
Check it out below.
You can order Captain America: Super Soldier here (PS3) and here (Xbox 360).


text:
N. prodotti: 0
Totale ordine: € 0,00
FASCICOLI E ARTICOLI I PIÙ LETTI eTOC
Indexed/Abstracted in: EMBASE, Science Citation Index Expanded (SciSearch), Scopus
Impact Factor 0,246
Periodicità: Trimestrale
Online ISSN 1827-160X
Bonanno L. 1, Calvetti L. 2, Favaretto A. 1, Rosell R.3,4
1 Department of Medical Oncology, Istituto Oncologico Veneto, I.R.C.C.S., Padua, Italy;
2 University of Padua, Padua, Italy;
3 Catalan Institute of Oncology, Hospital Germans Trias i Pujol, Badalona, Spain;
4 Pangaea Biotech S.L, Barcelona, Spain
Non-small-cell lung cancer (NSCLC) is a common malignant disease, characterized by extremely poor prognosis. Until recently, treatment of advanced disease was based on platinum based chemotherapy, leading to great heterogeneity in terms of effectiveness, with median overall survival in the unselected population of less than one year. However, recent knowledge about genetic alterations in subsets of NSCLC has changed the clinical approach to metastatic disease. The primary efforts focus on targeted treatments that specifically inhibit vital signaling pathways. Successful examples of this new approach are the inhibition, by treating with erlotinib and gefitinib, of the epidermal growth factor receptor (EGFR) pathway in patients with EGFR mutations and the clinical development of crizotinib, effective in lung cancer harboring ALK rearrangements. Similarly, biological study concerning other molecular alterations characterizing specific subgroups of lung adenocarcinomas is likely to find clinical application soon. Genetic alterations in squamous cell carcinomas are less studied, but recent data suggest that their study could help in improving treatment also in this context. Molecular characterization can also be useful in improving chemotherapy efficacy and reducing toxicity by addressing the selection of chemoregemines.
lingua: Inglese


text:
As the recession slows down, auto aftermarket franchises are shifting into high gear. Aftermarket companies provide all types of products and services for automobiles, including maintenance and repair services, glass and windshield repair, appearance services such as body work or detailing, parts and accessories, tires, and more. Although the automotive aftermarket industry has always had a strong core customer base of car lovers in the United States, in the past year or so, more people have turned to aftermarket products and services to help keep their cars running well and looking good.
According to a recent survey (PDF) by auto trends research company R.L. Polk & Co., drivers are keeping their vehicles longer. The average length of ownership of both new and used vehicles has grown from 37.2 months in 2002 to 46.3 months in 2008, an increase of 24 percent.
What's bad news for automakers and dealers is good news for franchises in the aftermarket industry. As vehicles get older, they need more repairs to keep running smoothly. According to Polk, 64 percent of consumers in its survey said that due to the economy, they are "very or extremely likely" to keep their current vehicle longer than they would normally. And 81 percent said they plan to take better care of those vehicles. But this data should be viewed with caution — thanks to the economic slump, many drivers are putting off more expensive repairs until times get better.
The economy is having a trickle-down effect. People who would normally buy a new car as soon as the old one shows signs of wear are instead keeping the old car and turning to an automotive service provider to keep it going. People who usually keep their cars for a long time and use service providers to maintain their vehicles are instead trying to save money by doing maintenance themselves. As a result, automotive aftermarket companies are seeing an influx of new customers, including more upscale consumers and more female consumers than ever before. According to the 2010 Auto Aftermarket Industry Association Fact Book, the auto aftermarket industry is expected to grow by 4.5 percent this year, which would be the largest jump in sales since 2002.
But today's auto aftermarket industry faces both opportunities and threats. Amy Antenora, editor of automotive aftermarket Web site aftermarketNews.com, believes consumer and legislative demand for more fuel-efficient vehicles is driving opportunity. "The development of in-vehicle telematics and fuel-efficient products provides great potential for the automotive aftermarket's entire distribution channel, down to [parts retailers] and the service sector," she says.
As for threats, the downward trend in miles driven and the slowdown in new vehicle sales are concerns, she says. Only about 10.4 million light vehicles were sold in the United States in 2009 — the lowest number since 1982. In the short term, fewer new cars on the road mean more business for repair and service businesses, Antenora explains; but "in the long term, fewer cars being produced and sold in the U.S. will [cause] a trickle-down effect impacting every level of the aftermarket."
Many factors that will affect the future of this industry are still up in the air, including fluctuating oil and gas prices; President Obama's environmental initiatives; and the fact that safety issues have led Toyota to recall millions of vehicles and halt production on several of its models, tarnishing the brand's reputation and devastating its sales. In this challenging environment, buying into an auto aftermarket franchise can be a smart move if you ensure that you have the support of a franchise company that's on top of the latest industry trends and knows how to respond to them.
If you're considering buying an auto aftermarket franchise, what skills do you need to succeed? Although it's nice to have, automotive experience isn't necessary, says James Jacobs, director of franchising at Tuffy Auto Service Centers, an automotive repair franchise. "We are looking for businessmen and -women, not just people who know how to fix cars," explains Jacobs, who adds, "Experience as an entrepreneur is a plus but not a requirement."
Equally important is customer service ability. "We are in the relationship business — relationships with our customers, relationships with our employees, and relationships with our vendors," says Jacobs. "We are also in the retail automotive repair business, and retail is detail. How successful one becomes is a by-product of how well someone manages the details."
For a list of auto aftermarket franchises, visit the Automotive Franchises section of the AllBusiness.com Franchise Directory.
Karen Axelton is chief content officer at GrowBiz Media, a content and consulting company that helps entrepreneurs start and grow their businesses.


text:
Joan and John's Corn Pudding
Total Time
1hr 35mins
Prep 35 mins
Cook 1 hr
This recipe was formulated by my mother-in-law and me after reviewing and testing many different recipes. This is a savory corn pudding and not a sweet one.
Ingredients Nutrition
- 4 tablespoons unsalted butter
- 3⁄4 cup finely chopped yellow onion
- 2 teaspoons finely minced garlic
- 4 cups white corn
- 3 teaspoons fresh thyme leaves, finely chopped
- 1 teaspoon sea salt
- 1⁄4 cup flour
- 4 extra large eggs
- 2 cups heavy cream
- 1 tablespoon granulated sugar
- 1⁄2 teaspoon fresh ground black pepper
- 5 slices thick smoked bacon, cooked, drained, and crumbled
- 3 tablespoons fresh green onions, thinly sliced
- Thaw the corn (preferably in the refrigerator overnight), rinse and let drain in a colander.
- Chop onion, garlic, and fresh thyme.
- Cook the bacon and drain on paper towels to remove as much grease as possible -crumble.
- Preheat oven to 350°F Butter a 2-quart baking dish and set aside.
- In a large skillet or saucepan, melt the four tablespoons of butter over medium - high heat. Add the onions and cook stirring for two minutes. Add the garlic and cook, stirring, for an additional minute. Add the flour and cook, stirring, until the mixture begins to turn golden, about five minutes. Add two teaspoons of the thyme, all but one cup of the corn, salt and stir to warm the corn, about four minutes. Set aside and let cool.
- In a large bowl, whisk the eggs, cream, and sugar until frothy. Add the remaining one teaspoon of thyme and black pepper.
- Put one cup of the custard mixture (above) and one cup of corn in a food processor or blender and blend until smooth.
- Combine the corn mixture from the skillet/saucepan and the blended corn mixture into the bowl with the custard mixture. Add the crumbled bacon and sliced green onions and stir until thoroughly blended.
- Pour into the prepared two quart casserole dish and put into the heated oven. Bake until the custard is set and a knife inserted into the center of the dish comes out clean – about 60 minutes.
- Remove from oven and let rest at least ten minutes before serving.
Most Helpful
I was searching for sides today and thought