Second Appellate Court--Bookout v. Union Bank 

California Supreme Court

Questions asked of Union Bank per its restraining orders issued by Santa Barbara Commissioner Denise Motter and Judge Colleen K. Sterne

Second Appellate Courts Justice Gilbert, PJ, Yegan, J. and Perren, J Stated September 28th 2016

“It is possible Bookout is arguing he was precluded from discovering the full

extent of his claims against the Bank by a restraining order. Bookout was harassing the

Bank’s employees to the extent they became fearful for their safety. The Bank obtained a

restraining order against Bookout preventing him from contacting the Bank through

anyone but the Bank’s counsel.

5

Discovery is ordinarily conducted through an opposing party’s counsel. In

any event, if Bookout was prevented from conducting discovery by the restraining order,it is his own fault."


What gives a Second Appellate Court a right to ignore Union Banks Restraining order actions?  Union Bank to date refuses to answer SBA Loan Questions!  The Second Appellate Court was copied with the October 12, 2016 Email to Union Bank through its Attorneys! Union Bank responded October 13, 2016.

What gives Union Bank a right to not answer Oceano Nursery SBA Questions below using Restraining orders allowed by the Second Appellate Court as stated above by Second Appellate Courts Justice Gilbert, PJ, Yegan, J. and Perren, J 
"In any event, if Bookout was prevented from conducting discovery by the restraining order, it is his own fault."

 

 

From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Thursday, October 13, 2016 2:32 PM
To: Bill Bookout
Subject: RE: (Second) RETURNED / UNFILED - Correspondence, Case no. B269942 - Bookout v. MUFG Union Bank, N.A. [ Trial Court Case No: 15CV0265 ]

 

Mr. Bookout:

 

These questions have all been previously answered.

 

 

Robert B. Forouzandeh | Partner
Reicker, Pfau, Pyle & McRoy, LLP | Santa Barbara’s Business Law Firm
1421 State Street, Suite B | Santa Barbara, CA 93101 | www.reickerpfau.com
Phone: (805) 966-2440 | Fax: (805) 966-3320 | Email: rforouzandeh@rppmh.com

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Petition_for_Rehearing_Reply_BreifB269942-BRIEF__FINAL__-_Copy_-_Copy.pdf
634.0 KB

 

 

From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Wednesday, October 12, 2016 3:32 PM
To: rforouzandeh@rppmh.com; dlee@rppmh.com
Cc: velie@calcoastnews.com; cj.ward@keyt.com; keithcarls@kcoy.com; 'Mendoza, Carlos G.'; terrill.ashker@sba.gov; adam.kaplan@sba.gov; ombudsman@fdic.gov; ombudsman@sba.gov; sandiego@sba.gov; 'Bill Bookout'; 'Silva, Patricia'; 'Claborn, Sherry'; 'Bents, Gay'; 'Bill Bookout'
Subject: RE: (Second) RETURNED / UNFILED - Correspondence, Case no. B269942 - Bookout v. MUFG Union Bank, N.A. [ Trial Court Case No: 15CV0265 ]

 

October 12, 2016

 

Union Bank Senior Vice President Christine Sontag through

Union Bank SBA Loan Representative’s Diana Jessup Lee and Robert B. Forouzandeh

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

Tel:  805-966-2440

 

Dear Union Banks Senior Vice President Christine Sontag. Through, Union Banks Court appointed SBA Loan Representative’s Diana Jessup Lee and Robert B. Forouzandeh by Santa Barbara Commissioner Denise Motter and Judge Colleen K. Sterne.

 

1)      Is the Oceano Nursery SBA PLP Loan # 664-196-4009 still a SBA Loan?

2)      Did Union Bank ever amend the 2012 IRS 1099-A Form attached that Union Bank provided to the IRS?

3)    Union Banks Senior Vice President Christine Sontag.  Has Union Bank amended the IRS 1098 Form changes made by Union Bank on June 25, 2013 showing the Additional Interest charged in 2007, 2008, 2009, 2010, 2011, 2012, 2013 and 2014 with Union Banks claimed two sets of Union Bank accounting records and Rescission before the Second Appellate Court?  Union Bank has not accounted for these June 25, 2013 SBA Loan changes made by Union Bank to the IRS or William A. Bookout.  According to the IRS Accounting this SBA Loan was paid off in 2012 and Union Bank has not provided any additional accounting!   Is this True?

 

4)    Union Banks Senior Vice President Christine Sontag.  Union Bank reported to the IRS in 2012 in the only 1099-A provided to the IRS, that the fair market Value of the Oceano Nursery SBA Loaned property was $189,000.00 and that the Balance of the Principal as of February 22, 2012 was $0.00!  Union Bank had appraised the Oceano Nursery property at $265,000.00.  How can Union Bank make this kind of Banking Fraud to the IRS and Debtor William A. Bookout?  This is seen at www.secondappellate.com Union Banks Senior Vice President Christine Sontag, Did Union Bank provide the IRS any accounting showing that money was owed Union Bank after February 22, 2012?

5)    Union Banks Senior Vice President Christine Sontag.  Please immediately provide any and all of Union Banks IRS 1098 Form accounting changes going back to 2003 with any SBA Loan changes made by yourself, Robert B. Forouzandeh, Diana Jessup Lee or Union Bank! 

 

 

Union Banks Senior Vice President Christine Sontag. Through, Union Banks Court appointed SBA Loan Representative’s Diana Jessup Lee and Robert B. Forouzandeh.  The Second Appellate Courts Justice Gilbert, PJ, Yegan, J. and Perren, J –do not understand your use of restraining orders as they have stated September 28th 2016! 

 

“It is possible Bookout is arguing he was precluded from discovering the full

extent of his claims against the Bank by a restraining order. Bookout was harassing the

Bank’s employees to the extent they became fearful for their safety. The Bank obtained a

restraining order against Bookout preventing him from contacting the Bank through

anyone but the Bank’s counsel.

5

Discovery is ordinarily conducted through an opposing party’s counsel. In

any event, if Bookout was prevented from conducting discovery by the restraining order,

it is his own fault.”

 

Union Banks Senior Vice President Christine Sontag. Through, Union Banks Court appointed SBA Loan Representative’s Diana Jessup Lee and Robert B. Forouzandeh.  Please answer the questions above as I have now copied the Second Appellate Court with your previous refusal to answer Oceano Nursery SBA PLP Loan # 664-196-4009 questions through your, Attorneys!  The Second Appellate Courts statement above is made public at www.secondappellatecourt.com

 

Sincerely

 

William A. Bookout

 

CC Second Appellate Court Justice Gilbert, PJ, Yegan, J. and Perren, J

CC PATRICIA SILVA, Supervising Deputy Clerk
COURT OF APPEAL, SECOND APPELLATE DISTRICT, DIVISION SIX

 

From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Wednesday, October 12, 2016 12:27 PM
To: 'Silva, Patricia'; Claborn, Sherry; Bents, Gay; rforouzandeh@rppmh.com; dlee@rppmh.com
Cc: velie@calcoastnews.com; cj.ward@keyt.com; keithcarls@kcoy.com; 'Mendoza, Carlos G.'; terrill.ashker@sba.gov; adam.kaplan@sba.gov; ombudsman@fdic.gov; ombudsman@sba.gov; sandiego@sba.gov; 'Bill Bookout'
Subject: RE: (Second) RETURNED / UNFILED - Correspondence, Case no. B269942 - Bookout v. MUFG Union Bank, N.A. [ Trial Court Case No: 15CV0265 ]

 

October 12, 2016

 

PATRICIA SILVA, Supervising Deputy Clerk
COURT OF APPEAL, SECOND APPELLATE DISTRICT, DIVISION SIX
200 East Santa Clara Street | Ventura, CA 93001
General: 805-641-4700

patricia.silva@jud.ca.gov| courts.ca.gov/2dca | facebook.com/2dcoa
Committed to providing fair and equal access to justice for all Californians

 

PATRICIA SILVA, Supervising Deputy Clerk

 

Thank you regarding your October 11, 2016 email below.  I have refilled the above Petition for Rehearing as of today giving the cover Description (Petition for Rehearing).  Attached below is the October 10, 2016 filing that you returned today.

 

Again, I have filed a Petition for Rehearing in accordance with California Rules of Court, Rule 8.268.   Santa Barbara Superior Court Commissioner Denise Motter and Judge Colleen k . Sterne will not allow questions of Union Bank except through Union Banks Attorneys since 2011 and this should not be allowed by Justice Gilbert, PJ, Yegan, J. and Perren, J in their September 28th 2016 ruling.  I have refilled my July 18, 2016 Reply Brief in hopes that they will read it this time!  I am hoping that they look at (FAC Exhibits 9-5 and 10-4 showing no Res Judicata.  I am hoping that they look at Union Banks Restraining order actions as this cannot be legal and case Law should be established!

 

Can you explain why the Second Appellate Court ignored Union Banks June 25, 2013 Loan Transaction History as seen at www.secondappellatecourt.com  ?  This News and Commentary website has been set up to show Union Banks actions after Bankruptcy showing that no Res Judicata occurred with Union Banks June 25th 2013 Loan Transaction History!  The Appellate Court ignored this.

 

With the Second Appellate Courts Justice Gilbert, PJ, Yegan, J. and Perren, J --September 28, 2016 Decision; Union Bank has never amended IRS 1099-A Accounting to the IRS and have claimed in their 2012 1099-A Form (Returned by the Second Appellate Court) that the Oceano Nursery SBA Loan was paid in full.  This will now be the next lawsuit against Union Bank as Union Bank Falsified accounting in February 11th 2014 to myself without actually correcting IRS accounting to the IRS going back to 2007; per Union Banks claimed Rescission before the Second Appellate Court.  This is continued Fraud and now Grand Theft by Union Bank with the Second Appellate Courts September 28, 2016 Decision.  Please review Union Banks email bow on July 13, 2016 as Union Bank refuses to answer SBA Loan Questions with  Santa Barbara Superior Court Commissioner Denise Motter and Judge Colleen k . Sterne Restraining orders talked about by Justice Gilbert, PJ, Yegan, J. and Perren, J.

 

I have again attached Union Banks 2013 Accounting to the IRS showing the Oceano Nursery SBA Loan being paid in Full. Union Bank had been given 24 hours to respond as of 1:04 pm September 28, 2016, but failed to respond  Please see this Email attached to Union Bank below!

 

The Second Appellate Court acknowledged Union Banks Restraining orders on P. 4 of their Decision.  Full Discovery could not have been done until Union Bank provided its June 25, 2013 Loan Transaction History.  Union Bank has never informed the IRS of Union Bank changing Yearly IRS 1098 accounting going back to 2007 as discovered on September 20th 2016.  Union Bank has not changed their IRS Accounting going back to 2007and I ask for this decision to be reconsidered with Union Banks use of restraining orders acknowledged by Justice Gilbert, PJ, Yegan, J. and Perren, J that have been issued by Santa Barbara Superior Court Commissioner Denise Motter and Judge Colleen k . Sterne. 

 

Please have Justice Gilbert, PJ, Yegan, J. and Perren, J reconsider their decision.  Union Banks restraining order actions acknowledged by Justice Gilbert, PJ, Yegan, J. and Perren, J are made public and presented to the National News Media at www.secondappellatecourt.com along with www.unionbank.me and www.mufgunionbankna.com .  Union Bank has again ignored the September 28th 2016 email below to the Union Bank Attorneys; I am required to communicate with by Santa Barbara Superior Court Commissioner Denise Motter and Judge Colleen k . Sterne.

 

Sincerely

 

William A. Bookout

From: Clerk6, 2d6 [mailto:2d6.Clerk6@jud.ca.gov]
Sent: Wednesday, October 12, 2016 10:03 AM
To: pismobeachdiveshop@charter.net
Subject: RE: E-File Case B269942, William A. Bookout vs. MUF, Submitted 10-12-2016 10:02 AM

 

Thank you for e-filing your brief. If there is a problem with your document, a clerk will contact you.

 

NOTE: 3 paper copies of the brief (following the requirements set forth in CRC, rules 8.40 and 8.204(b)) must be sent to the court within 5 days of this reply.

 

California Court of Appeal

Second Appellate District

Division Six

From: Clerk6, 2d6 [mailto:2d6.Clerk6@jud.ca.gov]
Sent: Monday, October 10, 2016 1:22 PM
To: pismobeachdiveshop@charter.net
Subject: RE: E-File Case B269942, William A. Bookout vs. MUF, Submitted 10-10-2016 01:22 PM

 

Thank you for e-filing your brief. If there is a problem with your document, a clerk will contact you.

 

NOTE: 3 paper copies of the brief (following the requirements set forth in CRC, rules 8.40 and 8.204(b)) must be sent to the court within 5 days of this reply.

 

California Court of Appeal

Second Appellate District

Division Six

 

 

From: Silva, Patricia [mailto:Patricia.Silva@jud.ca.gov]
Sent: Tuesday, October 11, 2016 5:49 PM
To: pismobeachdiveshop@charter.net
Subject: (Second) RETURNED / UNFILED - Correspondence, Case no. B269942 - Bookout v. MUFG Union Bank, N.A. [ Trial Court Case No: 15CV0265 ]

 

Dear Mr. Bookout,

 

The attached documents are returned to you unfiled.  The opinion was filed on September 28, 2016 and if you are unsatisfied with the decision,  you may file a Petition for Rehearing within 15 days from the filing of the opinion, in conformance with  California Rules of Court, Rule 8.268.  To this date, our court has not received your document entitled petition for rehearing.  Please check your records to ensure you sent paper copies and/or electronically submitted it using a our website electronic web portal, under electronic filings.   http://www.courts.ca.gov/2dca-efile.htm

 

If you should have any further questions, please give us a call as this email should NOT BE USED for ex-parte communication.

 

Sincerely,

 

PATRICIA SILVA, Supervising Deputy Clerk
COURT OF APPEAL, SECOND APPELLATE DISTRICT, DIVISION SIX
200 East Santa Clara Street | Ventura, CA 93001

General: 805-641-4700

patricia.silva@jud.ca.gov| courts.ca.gov/2dca | facebook.com/2dcoa
Committed to providing fair and equal access to justice for all Californians

 

PATRICIA SILVA, Supervising Deputy Clerk
COURT OF APPEAL, SECOND APPELLATE DISTRICT, DIVISION SIX
200 East Santa Clara Street | Ventura, CA 93001
General: 805-641-4700 | Direct: 805-641-4719

patricia.silva@jud.ca.gov| courts.ca.gov/2dca | facebook.com/2dcoa
Committed to providing fair and equal access to justice for all Californians

 

From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Tuesday, October 11, 2016 5:15 PM
To: Silva, Patricia; Claborn, Sherry; Bents, Gay; rforouzandeh@rppmh.com; dlee@rppmh.com
Cc: velie@calcoastnews.com; cj.ward@keyt.com; keithcarls@kcoy.com; 'Mendoza, Carlos G.'; terrill.ashker@sba.gov; adam.kaplan@sba.gov; ombudsman@fdic.gov; ombudsman@sba.gov; sandiego@sba.gov; 'Bill Bookout'
Subject: RE: RETURNED / UNFILED - Correspondence, Case no. B269942 - Bookout v. MUFG Union Bank, N.A. [ Trial Court Case No: 15CV0265 ]

 

October 11, 2016

 

PATRICIA SILVA, Supervising Deputy Clerk
COURT OF APPEAL, SECOND APPELLATE DISTRICT, DIVISION SIX
200 East Santa Clara Street | Ventura, CA 93001
General: 805-641-4700

patricia.silva@jud.ca.gov| courts.ca.gov/2dca | facebook.com/2dcoa
Committed to providing fair and equal access to justice for all Californians

 

PATRICIA SILVA, Supervising Deputy Clerk

 

I have filed a Petition for Rehearing in accordance with California Rules of Court, Rule 8.268.   Santa Barbara Superior Court Commissioner Denise Motter and Judge Colleen k . Sterne will not allow questions of Union Bank except through Union Banks Attorneys since 2011 and this should not be allowed by Justice Gilbert, PJ, Yegan, J. and Perren, J in their September 28th 2016 ruling.  I have refilled my July 18, 2016 Reply Brief in hopes that they will read it this time!

 

Can you explain why the Second Appellate Court ignored Union Banks June 25, 2013 Loan Transaction History as seen at www.secondappellatecourt.com  ?  This News and Commentary website has been set up to show Union Banks actions after Bankruptcy showing that no Res Judicata occurred with Union Banks June 25th 2013 Loan Transaction History!  The Appellate Court ignored this.

 

With the Second Appellate Courts Justice Gilbert, PJ, Yegan, J. and Perren, J --September 28, 2016 Decision; Union Bank has never amended IRS 1099-A Accounting to the IRS and have claimed in their 2012 1099-A Form (Returned by the Second Appellate Court) that the Oceano Nursery SBA Loan was paid in full.  This will now be the next lawsuit against Union Bank as Union Bank Falsified accounting in February 11th 2014 to myself without actually correcting IRS accounting to the IRS going back to 2007; per Union Banks claimed Rescission before the Second Appellate Court.  This is continued Fraud and now Grand Theft by Union Bank with the Second Appellate Courts September 28, 2016 Decision.  Please review Union Banks email bow on July 13, 2016 as Union Bank refuses to answer SBA Loan Questions with  Santa Barbara Superior Court Commissioner Denise Motter and Judge Colleen k . Sterne Restraining orders talked about by Justice Gilbert, PJ, Yegan, J. and Perren, J.

 

I have again attached Union Banks 2013 Accounting to the IRS showing the Oceano Nursery SBA Loan being paid in Full. Union Bank had been given 24 hours to respond as of 1:04 pm September 28, 2016, but failed to respond  Please see this Email attached to Union Bank below!

 

The Second Appellate Court acknowledged Union Banks Restraining orders on P. 4 of their Decision.  Full Discovery could not have been done until Union Bank provided its June 25, 2013 Loan Transaction History.  Union Bank has never informed the IRS of Union Bank changing Yearly IRS 1098 accounting going back to 2007 as discovered on September 20th 2016.  Union Bank has not changed their IRS Accounting going back to 2007and I ask for this decision to be reconsidered with Union Banks use of restraining orders acknowledged by Justice Gilbert, PJ, Yegan, J. and Perren, J that have been issued by Santa Barbara Superior Court Commissioner Denise Motter and Judge Colleen k . Sterne. 

 

Please have Justice Gilbert, PJ, Yegan, J. and Perren, J reconsider their decision.  Union Banks restraining order actions acknowledged by Justice Gilbert, PJ, Yegan, J. and Perren, J are made public and presented to the National News Media at www.secondappellatecourt.com along with www.unionbank.me and www.mufgunionbankna.com .  Union Bank has again ignored the September 28th 2016 email below to the Union Bank Attorneys; I am required to communicate with by Santa Barbara Superior Court Commissioner Denise Motter and Judge Colleen k . Sterne.

 

Sincerely

 

William A. Bookout

 

From: Silva, Patricia [mailto:Patricia.Silva@jud.ca.gov]
Sent: Wednesday, September 28, 2016 5:18 PM
To: pismobeachdiveshop@charter.net
Subject: RETURNED / UNFILED - Correspondence, Case no. B269942 - Bookout v. MUFG Union Bank, N.A. [ Trial Court Case No: 15CV0265 ]

 

Dear Mr. Bookout,

 

The attached documents are returned to you unfiled.  If you are unsatisfied with the decision,  you may file Petition for Rehearing in accordance with  California Rules of Court, Rule 8.268. 

 

Please also refer to our website, under PRACTICES AND PROCEDURES; ORAL ARGUMENT/OPINION/ REMITTITUR to help guide you in answering commonly asked questions.  http://www.courts.ca.gov/2970.htm

 

If you should have any further questions, please give us a call as this email should only be used for relaying court orders and not for ex-parte matters.

 

Sincerely,

 

PATRICIA SILVA, Supervising Deputy Clerk
COURT OF APPEAL, SECOND APPELLATE DISTRICT, DIVISION SIX
200 East Santa Clara Street | Ventura, CA 93001

General: 805-641-4700

patricia.silva@jud.ca.gov| courts.ca.gov/2dca | facebook.com/2dcoa
Committed to providing fair and equal access to justice for all Californians

 

From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Wednesday, September 28, 2016 4:46 PM
To: Claborn, Sherry; Bents, Gay; rforouzandeh@rppmh.com
Cc: velie@calcoastnews.com; cj.ward@keyt.com; keithcarls@kcoy.com; 'Bill Bookout'
Subject: RE: Opinion filed in case no. B269942 - Bookout v. MUFG Union Bank, N.A. [ Trial Court Case No: 15CV0265 ]

 

SHERRY CLABORN, Deputy Clerk
COURT OF APPEAL, SECOND APPELLATE DISTRICT, DIVISION SIX
200 East Santa Clara Street | Ventura, CA 93001
General: 805-641-4700 | Direct: 805-641-4718

sherry.claborn@jud.ca.gov| courts.ca.gov/2dca | facebook.com/2dcoa
Committed to providing fair and equal access to justice for all Californians

 

Can you explain why the Second Appellate Court ignored Union Banks June 25, 2013 Loan Transaction History as seen at www.secondappellatecourt.com ?  This News and Commentary website has been set up to show Union Banks actions after Bankruptcy showing that no Res Judicata occurred with Union Banks June 25th 2013 Loan Transaction History! 

 

With the Second Appellate Courts September 28, 2016 Decision; Union Bank has never amended IRS 1099-A Accounting to the IRS and have claimed in their 2012 1099-A Form that the Oceano Nursery SBA Loan was paid in full.  This will now be the next lawsuit against Union Bank as Union Bank Falsified accounting in February 11th 2014 to myself without actually correcting IRS accounting to the IRS going back to 2007; per Union Banks claimed Rescission before the Second Appellate Court.  This is continued Fraud and now Grand Theft by Union Bank with the Second Appellate Courts September 28, 2016 Decision.. 

 

I have attached Union Banks 2013 Accounting to the IRS showing the Oceano Nursery SBA Loan being paid in Full. Union Bank has been given 24 hours to respond as of 1:04 pm September 28, 2016.  Please see this Email attached to Union Bank below!

 

The Second Appellate Court acknowledged Union Banks Restraining orders on P. 4 of their Decision.  Full Discovery could not have been done until Union Banks June 25, 2013 Loan Transaction History that Union Bank never informed the IRS of Union Bank changing Yearly 1098 accounting going back to 2007.  Union Bank has not changed IRS Accounting going back to 2007and I ask for this decision to be reconsidered with Union Banks use of restraining orders.

 

Please have Justice Gilbert, PJ, Yegan, J. and Perren, J reconsider their decision.

 

Sincerely

 

William A. Bookout

 

 

 

From: Bill Bookout [mailto:pismobeachdiveshop@charter.net]
Sent: Wednesday, September 28, 2016 1:04 PM
To: 'Robert Forouzandeh'; dlee@rppmh.com
Cc: sluong@ch13wla.com; mbesecker@ch13wla.com; 'Mendoza, Carlos G.' (Carlos.Mendoza@sba.gov); Ashker, Terrill K. <terrill.ashker@sba.gov> (terrill.ashker@sba.gov); Kaplan, Adam D.(Off. Inspector Gen.) <adam.kaplan@sba.gov> (adam.kaplan@sba.gov); keithcarls@kcoy.com; cj.ward@keyt.com; velie@calcoastnews.com; ombudsman@fdic.gov; ombudsman@sba.gov; da, sbcounty (sbcountyda@co.santa-barbara.ca.us); sandiego@sba.gov; san.francisco@ic.fbi.gov; 'Bill Bookout' (Pismobeachdiveshop@charter.net)
Subject: RE: Show changes to Union Banks 2012 IRS 1099-A Form accounting within 48 Hours going back to 2007 or admit to Union-Banks monthly Grand Theft!

 

September 28, 2016

 

Union Bank Senior Vice President Christine Sontag through

Union Bank SBA Loan Representative’s Diana Jessup Lee and Robert B. Forouzandeh

Reicker, Pfau, Pyle & McRoy LLP

1421 State Street, Suite B

Santa Barbara, CA  93101

Tel:  805-966-2440

 

RE: Union Bank is to provide within 48 Hours any documents provided to the IRS showing Union Bank doing a Rescission of SBA PLP Loan # 664-196-4009 going back to 2007 or admit to Union-Banks monthly Grand Theft!

 

Dear Union Banks Senior Vice President Christine Sontag. Through, Union Banks Court appointed SBA Loan Representative’s Diana Jessup Lee and Robert B. Forouzandeh

 

Union Banks SBA Loan Representative, Robert B. Forouzandeh sent acknowledgment of the Oceano Nursery SBA Loan Rescission dated July 13, 2016 in his response email below!  (“Furthermore, I have no knowledge that the IRS has deemed any tax forms submitted by SBBT and/or Union Bank to the IRS with regard to your account as being deficient, incorrect or requiring additional information or documentation.”  I am requesting full reimbursement for all of Union Banks fraudulent monthly claimed payments since February 22, 2012 when this SBA Loan was paid in full according to Union Banks 2012 1099-A Form.  Any payments made until Union Banks actions are resolved must be fully reimbursed by Union Bank.  Union Banks Senior Vice President Christine Sontag, Again answer the questions asked of you below on June 30, 2016- July 1, 2016 and July 13, 2016! Union Bank SBA Loan Representative’s Diana Jessup Lee and Robert B. Forouzandeh are not qualified to answer Union Banks IRS Accounting questions, per the July 13, 2016 E-Mail from Robert B. Forouzandeh!

 

Union Banks Senior Vice President Christine Sontag, understand that all questions asked of you will be posted at www.unionbankna.com www.secondappellate.com  and other news and commentary websites.  Santa Barbara Superior Court Commissioner Denise Motter and Santa Barbara Superior Court Judge Colleen K. Sterne require at your request that all questions asked of Union Bank are asked through Union Bank SBA Loan Representative’s Diana Jessup Lee and Robert B. Forouzandeh.

 

Union Banks Senior Vice President Christine Sontag.  Has Union Bank amended the IRS 1098 Form changes made by Union Bank on June 25, 2013 showing the Additional Interest charged in 2007, 2008, 2009, 2010, 2011, 2012, 2013 and 2014 with Union Banks claimed two sets of Union Bank accounting records and Rescission before the Second Appellate Court?  Union Bank has not accounted for these June 25, 2013 SBA Loan changes made by Union Bank to the IRS or William A. Bookout.  According to the IRS Accounting this SBA Loan was paid off in 2012 and Union Bank has not provided any additional accounting!   

 

Union Banks Senior Vice President Christine Sontag.  Union Bank reported to the IRS in 2012 in the only 1099-A provided to the IRS, that the fair market Value of the Oceano Nursery SBA Loaned property was $189,000.00 and that the Balance of the Principal as of February 22, 2012 was $0.00!  Union Bank had appraised the Oceano Nursery property at $265,000.00.  How can Union Bank make this kind of Banking Fraud to the IRS and Debtor William A. Bookout?  This is seen at www.secondappellate.com Union Banks Senior Vice President Christine Sontag, Did Union Bank provide the IRS any accounting showing that money was owed Union Bank after February 22, 2012?

 

Union Banks Senior Vice President Christine Sontag.  Please immediately provide any and all of Union Banks IRS 1098 Form accounting changes going back to 2003 with any SBA Loan changes made by yourself, Robert B. Forouzandeh, Diana Jessup Lee or Union Bank!  This will be provided to the IRS for the 2012, 2013 and 2014 IRS Audit.

 

Union Banks Senior Vice President Christine Sontag, From the February 22, 2012 Foreclosure of the Oceano Nursery SBA loan, as seen in the 2012 IRS 1099-A.  No money has been owed Union Bank since February 22, 2012 and a THIRD DEMAND is Now made of Union Bank for full reimbursement of all Principal and interest paid since February 22, 2012!  Explain if Union Bank has provided accounting to the IRS showing any money owed Union Bank after February 22, 2012.  Has Union Banks SBA Loan Representative, Robert B. Forouzandeh been making falsified monthly payment notices?

 

Union Banks Senior Vice President Christine Sontag, Explain, why Union Bank did not account to the IRS, Union Banks $57,676.17 in Attorney fees taken on February 22, 2012 in the 2012 IRS 1099-A Form or the 1098 Form?  Please immediately correct this as I will be amending my 2012 taxes!

 

Union Bank Senior Vice President Christine Sontag again, explain how Union Bank came up with an additional $45,171.20 not owed Union Bank against IRS 1098 Form accounting from 2007 to 2012 not seen in Union Banks June 25, 2013 Loan Transaction History?  The IRS will need this accounting from Union Bank!

 

Union Banks Senior Vice President Christine Sontag, This is AGAIN NOTICE TO UNION BANK THAT SBA PLP Loan # 664-196-4009 WAS RESCINDED BY DEBTOR WILLIAM A. BOOKOUT ON JULY 13, 2016 AND NO MONEY IS OWED UNION BANK.  The IRS shows that this SBA PLP Loan # 664-196-4009 was paid in Full in the Union Banks 2012 Form 1099-A  Union Banks SBA Loan Representative Robert B. Forouzandeh responded on July 13, 2016 on your, behalf.  The Questions asked of You need to be answered by You or Union Bank and not Robert B. Forouzandeh, who has admitted before the Second Appellate Court of Union Bank having two sets of accounting.  UNION BANK IS TO REFUND ALL ATTORNEY FEES TAKEN BY UNION BANK ALONG WITH PRINCIPAL PAYMENTS AND INTEREST PAID SINCE FEBRUARY 22, 2012 within 30 days! 

 

Union Banks Senior Vice President Christine Sontag,  Explain this statement made by Robert B. Forouzandeh to myself and those attached!  (“Furthermore, I have no knowledge that the IRS has deemed any tax forms submitted by SBBT and/or Union Bank to the IRS with regard to your account as being deficient, incorrect or requiring additional information or documentation.”   Why would Union Bank put Robert B. Forouzandeh in charge of this statement instead of Union Bank?  Union Bank is to provide within 48 Hours any documents provided to the IRS showing Union Bank doing a Rescission of SBA PLP Loan # 664-196-4009 going back to 2007 or admit to Union-Banks monthly Grand Theft!

 

Union Banks Senior Vice President Christine Sontag, Currently Union Bank is committing Grand Theft each month with the Monthly payment Notices made by Robert B. Forouzandeh against the 2012 IRS Form 1099-Accounting!  If Union Bank disputes this then within 48 hours; Union Bank is to provide any documents provided to the IRS that shows that this SBA PLP Loan # 664-196-4009 was not paid in Full in Union Banks 2012 Form 1099-A!  The IRS was never provided a 1099-A Form Correction dated February 11, 2014 as claimed by Union Banks Attorney Robert B. Forouzandeh that Santa Barbara Superior Court Commissioner Denise Motter and Santa Barbara Superior Court Judge Colleen K. Sterne require I communicate through for questions asked of You and Union Bank!

 

Sincerely

 

William A. Bookout

SBA PLP Loan # 664-196-4009

 

CC. IRS July 20th 2016 –September 21, 2016 Audit

2384 Professional Parkway

Santa Maria, Ca 93455

Fax # 855-293-4983

 

CC SBA, FBI, SBA Ombudsman, SBA FDIC,  OCC

CC California State Bar

 

 

From: Robert Forouzandeh [mailto:rforouzandeh@rppmh.com]
Sent: Wednesday, July 13, 2016 2:20 PM
To: Bill Bookout
Subject: RE: In re William Arthur Bookout USBC Cen. Dist. CA.CaseNo.9:11-bk-15818

 

Mr. Bookout:

 

I do not have any knowledge that the IRS has subpoenaed any documentation from Union Bank regarding your account.  Furthermore, I have no knowledge that the IRS has deemed any tax forms submitted by SBBT and/or Union Bank to the IRS with regard to your account as being deficient, incorrect or requiring additional information or documentation.

 

 

Robert B. Forouzandeh | Partner
Reicker, Pfau, Pyle & McRoy, LLP | Santa Barbara’s Business Law Firm
1421 State Street, Suite B | Santa Barbara, CA 93101 | www.reickerpfau.com
Phone: (805) 966-2440 | Fax: (805) 966-3320 | Email: rforouzandeh@rppmh.com

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CIRCULAR 230 DISCLOSURE:  Pursuant to Regulations Governing Practice Before the Internal Revenue Service, any tax advice contained herein is not intended and may not be used by any person for the purpose of avoiding tax penalties that may be imposed upon a taxpayer or for the purpose of promoting, marketing or recommending to another party any transaction or tax-related matter.

 

From: Claborn, Sherry [mailto:Sherry.Claborn@jud.ca.gov]
Sent: Wednesday, September 28, 2016 2:12 PM
To: pismobeachdiveshop@charter.net; rforouzandeh@rppmh.com
Subject: Opinion filed in case no. B269942 - Bookout v. MUFG Union Bank, N.A. [ Trial Court Case No: 15CV0265 ]

 

Dear Counsel,

 

The following Opinion was filed today in the above mentioned matter.  Should you have any questions please contact me at the number below.

 

Thank you,

 

 

SHERRY CLABORN, Deputy Clerk
COURT OF APPEAL, SECOND APPELLATE DISTRICT, DIVISION SIX
200 East Santa Clara Street | Ventura, CA 93001

General: 805-641-4700 | Direct: 805-641-4718

sherry.claborn@jud.ca.gov| courts.ca.gov/2dca | facebook.com/2dcoa
Committed to providing fair and equal access to justice for all Californians

 

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