Draft a complaint for Declaratory and Injunctive Relief


Ashford University

Question Description

Hello! I have a final assignment due by Monday morning. I've already started on it and have formatted it but I am having an extreme case of writer's block and do not know how to proceed past the first sentence and make the writing flow while still maintaining the legal writing and terminology my professor is requesting. It's on Real Property Law, and I am required to draft a complaint on a mock case for declaratory and injunctive relief.

Background on the mock case: A California home was sold in an non-judicial foreclosure which resulted in excess proceeds, the attorney representing the prior homeowner has collected the proceeds and has placed it in a Trust account according to Law before he releases it to his client, The buyer who had bought the property at the auction does not want to assume the senior lien and is asserting that the prior homeowner is to assume responsibility of it and had obtained a lawyer in order to get paid from the proceeds to satisfy the senior lien. Pursuant to CA Civ Code 2924k, it states the formula of how the distribution is paid.

Please refer to this site on why the senior lien holder would not be entitled to the proceeds: https://www.jdsupra.com/legalnews/what-does-a-senior-lienholder-get-when-44494/

In this assignment you'll be assisting the attorney of the prior homeowner in drafting a declaratory and injunctive relief for this mock case against the new homeowner that is asserting his claim for the senior lien holder to get paid, I've included a letter as to the response of the attorney you will be assisting that is to be sent to the new homeowner's attorney for additional reference. Make sure that you list the components associated with the complaint including the following:

Statement of Jurisdiction, Statement of Facts, Causes of Action, Prayer of Relief in the final draft.

Unformatted Attachment Preview

1 2 3 Attorney’s Information 4 5 Attorney for Plaintiff(s), John and Jane Doe 6 SUPERIOR COURT OF THE STATE OF CALIFORNIA 7 COUNTY OF LOS ANGELES COURTHOUSE 8 9 John Doe, an individual,. Jane Doe, an Individual. 10 11 Plaintiff(s) 12 13 v. 14 15 New Homeowners, and DOES 1-25, Inclusive. 16 Defendant(s) Case No: VERIFIED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF Date: Judge: Dept: 17 18 19 20 21 22 23 24 25 26 27 28 Plaintiffs, JANE AND JOHN DOE (“DOE”), by its designated attorney, petitions this Court 1. NOTICE OF REPRESENTATION VIA OVERNIGHT MAIL New Homeowner’s Attorney 123 Broad st Los Angeles, CA 00000 Date: Apr 16, 2020 Subject Property, 555 West Los Angeles Blvd, CA 00000 Dear Counsel: Please be advised that my office represents John Doe in this matter, and you hereby demanded to send all communications regarding this legal issue to me. Your points are duly noted, but I am struggling to understand which legal authority that your client sits by to justify her outrageous demand for Doe to pay senior lienholder after they lost their home to foreclosure. Let us be mindful that your client purchased the property at a foreclosure auction at a substantially discounted rate. So, it would be asinine for the Doe to pay the Senior Lienholder whatever was given to them by the trustee in order to subsidize and increase the profits of a hard money investor such as your client. Notwithstanding, the law is crystal clear in California that when a Junior Lienholder purchases a property, like any other successful purchaser, he or she ​“takes the property subject to senior lien” Kolodge v. Boyd (2001) 88 Cal. App. 4th 349, 356.​ This means that the new property owner, not the Doe is legally responsible for honoring the payments associated with that Deed of Trust that was recorded against the property. If your client chooses to pursue this matter, the likely outcome would that your case will fail. If, however, my client is forced to incur unnecessary legal fees and expenses resulting from your client’s bad faith conduct, my office will pursue any and all legal remedies against you and your client accordingly. - Attorney for John Doe ...
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