ROGACIANO SANGERMAN

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500 E. HILLSDALE ST
2 INGLEWOOD, CA 90302
TELEPHONE NO. (310) 663-9613
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6 PLAINTIFF IN PRO PER

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SUPERIOR COURT FOR THE STATE OF CALIFORNIA
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IN AND FOR COUNTY OF LOS ANGELES
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11 ROGACIANO SANGERMAN,
CASE NO:
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Plaintiff, COMPLAINT FOR:
13 MONETARY DAMAGES
V. STATUTORY DAMAGES, PUNITIVE
14 DAMAGES, INJUNCTIVE RELIEF AND
DECLARATORY RELIEF, RESCISSION
15 BANK OF AMERICA, N.A. formally doing 1. VIOLATION OF CALIFORNIA CIVIL
business as BC BANCORP;, and DOES 1 CODE §1632(b)(4)
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through 100 inclusive
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Defendants.
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Plaintiff ROGACIANO SANGERMAN an (Hereinafter referred as “Plaintiff”) alleges
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GENERAL ALLEGATIONS

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COMPLAINT
 1. Plaintiff at all times relevant has been a resident of the County of Los Angeles,
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2 State of California and the owner of Real Property, including but not limited to the

3 property at issue herein, 500 E. Hillsdale Street, Inglewood, CA 90302.

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5 2. Defendant BANK OF AMERICA, NA formally doing business as BC BANCORP

6 at all times herein mentioned was doing business in the County of Los Angeles, State
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of California and was one of the original Lender for Plaintiff’s Deed of Trust Deed and
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Note.
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11 3. The true names and capacities of the Defendants shown herein as Does 1 through
12 100, whether their capacity be individual, corporate or otherwise, or unknown to
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Plaintiff who therefore sues said Defendants by such fictitious names and he will
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amend this Complaint to include their true names when ascertained. Plaintiff is
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16 informed and thereon believes and thereon alleges that Defendants are responsible

17 contractually and otherwise or in some manner for the occurrences herein alleged, and
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that Plaintiff’s damages as herein alleged were proximately caused by Defendants
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actions.
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22 4. Plaintiff is informed and believes and thereon alleges that at all times mentioned,

23 the Defendants, and each of them, were the agents and/or employees of each of the
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other Defendants, and in doing the things herein mentioned, were acting within the
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course and scope of their authority as such agents and/or employees an with the
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permission and consent of their authority as such.

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COMPLAINT
 5. On or about October 27, 2006, Plaintiff contacted a real estate broker, and sought
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2 assistance in obtaining a loan to purchase his home. The broker’s assigned someone

3 from the office to assist the plaintiff in acquiring a loan. Plaintiff speaks virtually no
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English, Plaintiff’s primary language being Spanish, and did not have anyone to
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translate for him. Therefore, the broker’s employee was assigned to assist Plaintiff
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because the assistant was fluent in Spanish. Consequently, all negotiations between

8 Plaintiff and the loan broker were conducted in Spanish.

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6. Eventually, the loan broker acquired a Loan Agreement for Plaintiff, written
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entirely in English, and directed Plaintiff to sign the Loan Agreement. The loan broker
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13 never provided Plaintiff with a Spanish translation of the Loan Agreement. Relying on

14 the broker’s representations, Plaintiff signed the Loan Agreement.

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7. Plaintiff later discovered that the terms of the Loan Agreement were not what he
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had believed they would be. Had Plaintiff understood fully the terms of the Agreement,
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19 Plaintiff would not have entered into the Agreement. As a result of entering into this

20 agreement, Plaintiff’s financial condition has been substantially worsened.

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COMPLAINT
 CAUSE OF ACTION: RESCISSION
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[California Civil Code §1632(b)(4)]
2 (Against all Defendants)

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8. Plaintiff repeats and re-alleges Paragraphs 1 through 7 as though fully set forth
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5 herein.

6 9. California Civil Code §1632(b) states: “Any person engaged in a trade or business
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who negotiates primarly in Spanish, Chinese, Tagalog, Vietnamese, or Korean, orally
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or in writing, in the course of entering into any of the following, shall deliver to the
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other party to the contract or agreement and prior to the execution thereof, a translation

11 of the contract or agreement in the language in which the contract or agreement was
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negotiated, which includes a translation of every term and condition in that contract or
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agreement.” California Civil Code §1632(b)(4) specifies that the statue applies to “a
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loan or extension of credit for use primarily for personal, family, or household
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16 purposes where the loan or extension of credit is subject to the provisions of Article7

17 (commencing with Section 10240) of Chapter 3 or Part 1 of Division 4 of the Business

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and Professions Code, or Division 7 (commencing with Section 18000). Or Division 9
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(commencing with Section 22000) of the Financial Code.” California Civil Code
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§1632(k) also provides that “Upon failure to comply with the provisions of this section,
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22 the person aggrieved may rescind the contract or agreement in the manner provided by

23 this chapter.”
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10. The loan broker negotiated a mortgage loan for Plaintiff in Spanish, which is
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Plaintiff’s primary language. As such, the loan broker had a statutory duty to provide
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Plaintiff with a Spanish translation or his Loan Agreement, prior to its execution.

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COMPLAINT
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2 11. The loan broker never provided Plaintiff with a written translation into Spanish of

3 his loan agreement. As such, Plaintiff could not read and understand the agreement,
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which was written in English.
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12. By failing to provide Plaintiff with a written translation of the Loan Agreement,
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prior to its execution, the loan broker thereby violated California Civil Code

8 §1632(b)(4), and Plaintiff therefore, by the terms of said statue, is entitled to a

9 complete rescission of the Loan Agreement negotiated by the loan broker.
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13 WHEREFORE, Plaintiffs having set forth the claims for relief against Defendants,

14 Respectfully pray that this Court grant the following relief against the Defendants:
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1. Actual Economic and Non-Economic Damages;
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2. For a preliminary injunction and permanent injunction enjoining all Defendants,
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their agents, assigns, and all person acting under, for, or in concert with them, from
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19 foreclosing on Plaintiff’s Home or from conducting a trustee’s sale or causing a trustee’s

20 sale to be conducted relative to Plaintiff’s Home;

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4. Cancellation of any future sale and restitution of the home to the Plaintiffs;
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5. For damages as provided by statute;
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7. For a restraining order preventing Defendants and his, hers, or its agents,

25 employees, officers, attorneys, and representatives from engaging in or performing any of

26 the following acts: (i) offering, or advertising this property for sale and (ii) attempting to
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transfer title to this property and or (iii) holding any auction therefore;
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COMPLAINT
 8. For punitive damages;
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2 9. For Rescission of all loan agreements between Plaintiff and Defendant.

3 10. For such other and further relief as the court may deem just and proper.
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Dated: By:_________________________________________
7 Rogaciano Sangerman, Plaintiff in Pro Per
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COMPLAINT
 VERIFICATION
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I, Rogaciano Sangerman am the Plaintiff in the above entitled action. I have read the
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foregoing complaint and know the contents thereof. The same is true of my own knowledge,
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expect as to those matters which are therein alleged on information and belief, and as to those
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matters, I believe it to be true.
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I declare under penalty of perjury, under the laws of the State of California, that the
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foregoing true and correct and that this declaration was executed in Inglewood, County of Los
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Angeles, State of California.
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Dated: By:____________________________________________
12 ROGACIANO SANGERMAN, Declarant

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COMPLAINT