AMICUS CURIAE
Dr. Reiner Fuellmich Jul 14, 2026
Amicus Curiae ~ Friend of the Court
An amicus curiae brief can address constitutional rights, public policy, or technical matters, etc. requiring specialized expertise to ensure that the broader implications of a ruling are considered.
While amici do not represent the litigants, their arguments can significantly influence judicial reasoning, especially when courts face novel or ethically complex issues — in this case Deutsche Bank when they failed to perform their duties under the Governing Agreements and common law.
March 20, 2017
The Superior Court of California
County of Orange
Civil Complex Center
751 West Santa Ana Blvd.
Santa Ana, CA 92701
USA
Case No. 30-2016-00843062-CU-BC-CXC
IN THE SUPERIOR COURT OF CALIFORNIA
IN AND FOR THE COUNTY OF ORANGE
------------------------------------------------------
BLACKROCK BALANCED CAPITAL PORTFOLIO (FI) et al,
Plaintiffs
vs.
DEUTSCHE BANK NATIONAL TRUST COMPANY and DEUTSCHE BANK TRUST COMPANY AMERICAS,
Defendants
------------------------------------------------------
APPLICATION FOR LEAVE TO FILE PROPOSED AMICUS CURIAE BRIEF AND AMICUS CURIAE BRIEF OF RECHTSSTAAT STATT BANKENSTAAT, E.V. (= “RSB” = Rule of Law Instead of Rule of Banks, registered non profit organization) IN SUPPORT OF PLAINTIFFS
Reiner Fuellmich (Bar No. ______)
FUELLMICH & ASSOCIATES
Senderstrasse 37 37077 Goettingen, Germany
Telephone: + 49 (xxx) xxx xxxx Facsimile: + 49 (xxx) xxx-xxx xxxxx
Email: __________@fuellmich.com
Counsel for Amicus Curiae
RECHTSSTAAT STATT BANKENSTAAT, E.V. („RSB“)
Pursuant to Rule 8.882of the California Rules of Court, Rechtsstaat statt Bankenstaat, e.V. (“RSB”) respectfully requests leave to file the accompanying brief as amicus curiae in this proceeding in support of plaintiffs.
IDENTITY AND INTEREST OF AMICUS CURIAE
RSB is a nonprofit, tax-exempt corporation organized under the laws of the State of Lower Saxony in Germany for the purpose of (inter alia) engaging in litigation in matters affecting the victims of predatory lending, in particular fraudulent junk real estate lending. RSB attorney, Reiner Fuellmich, has represented the petitioner, RSB, in more than a dozen cases involving predatory lending/junk real estate lending before German courts, including the German Supreme Court (Bundesgerichtshof).
Amicus considers this case to be of special significance in that it provides the first, and possibly only, opportunity to inform a US court of law about circumstantial evidence in a case concerning
- Deutsche Bank´s conduct with respect to the performance of its duties as trustee for residential mortgage backed securities trusts (RMBS trusts) on the one hand, and
- Deutsche Bank´s involvement in the creation and securitization of such loans on the other.
The circumstantial evidence referred to shows that Deutsche Bank has not merely acted negligently but rather, with intent, when it has violated contractual or common law duties within this and similar contexts.
Dated: March 20, 2017 Respectfully submitted,
FUELLMICH & ASSOCIATES
…………………………………
REINER FUELLMICH (Bar No. —————-)
_______@fuellmich.com
------------------------------------------------------
BRIEF AMICUS CURIAE OF RECHTSSTAAT STATT BANKENSTAAT, E.V. (“RSB”) IN SUPPORT OF PLAINTIFFS
QUESTION PRESENTED
Whether Defendants DEUTSCHE BANK NATIONAL TRUST COMPANY and DEUTSCHE BANK TRUST COMPANY AMERICAS (hereinafter: Deutsche Bank) acted merely negligently or with intent when they failed to perform their duties under the Governing Agreements and common law.
ARGUMENT
Deutsche Bank has become the symbol of international financial crimes and social injustice. In the United States it was a leading player in the creation and securitization of hundreds of thousands of RMBS securities, e.g., the loan pools backing the Trusts at issue in this case. In the process of originating such loans for the sole purpose of securitizing and selling them, Deutsche Bank has been instrumental in ruining the lives of millions of American families. On January 17, 2017 the Department of Justice (DoJ) announced that Deutsche Bank agreed to pay $ 7.2 billion in settlement for misleading investors in its sale of RMBS securities (https://www.justice.gov/opa/pr/deutsche-bank-agrees-pay-72-billion-misleading-investors-its-sale-residential-mortgage-backed). The DoJ states, inter alia:
“In the Statement of Facts accompanying this settlement, Deutsche Bank admits making false representations and omitting material information from disclosures to investors about the loans included in RMBS securities sold by the Bank. This misconduct, combined with that of the other banks we have already settled with, hurt our economy and threatened the banking system,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer, head of the Justice Department’s Civil Division. “To make matters worse, the Bank’s conduct encouraged shoddy mortgage underwriting and improvident lending that caused borrowers to lose their homes because they couldn’t pay their loans.”
Prior to taking these actions in the United States, Deutsche Bank´s parent company in Germany had originated such loans in Germany in much the same way, as a kind of dry run for Deutsche Bank´s subsequent large scale activities in the U.S. ten years hence: In the nineteen nineties it had engaged agents to sell their real estate loans in conjunction with what is now called “junk real estate” condominiums to thousands of families with little income and little or no assets. These Deutsche Bank agents who engaged in predatory lending practices misrepresented their true role by pretending to act as trustees for the victims of this scheme. The agents promised to conclude all relevant contracts on behalf and in the best interest of the future customers of Deutsche Bank, including, of course, the loan contracts with Deutsche Bank. What actually happened as a result of these false trustee-promises is that the agents were able to procure an all-encompassing, non-revocable power of attorney from the buyers and future customers of Deutsche Bank. Deutsche Bank and its agents then – as had been their intention from the start - abused this power of attorney by adding to the actual price purchase a number of invisible commissions. Their unwitting customers (purchasers) were subsequently presented with a purchase price for each piece of property which was twice the actual fair market value of that property. Only one conclusion can be drawn: The property itself was, ultimately, nothing more than a Trojan horse for the hidden commissions of Deutsche Bank and its agents.
In the ensuing wave of civil litigation, Deutsche Bank then proceeded to intentionally misrepresent all relevant facts to the German courts in hundreds of cases of predatory lending for junk real estate. Furthermore, Deutsche Bank has continued to engage in the same fraudulent practices despite its public apologies for what it calls “past misdeeds”, and despite its proclamation of a change of corporate culture (Kulturwandel). Records of Deutsche Bank´s fraudulent activities have been published online at www.263stgb.com, where they have been accessible for more than 2 years. Deutsche Bank has never filed for injunctive relief against the publication, nor has it filed a complaint for defamation.
A law review article detailing Deutsche Bank´s misrepresentation in the German courts (cf. the attached galley proof) was to be published by the renowned German Law Journal “Consumer and Law” (Verbraucher und Recht) in March of 2017. Deutsche Bank interfered with its publication by – wrongfully - claiming that the article contained incorrect facts. The article is now scheduled for publication in April 2017.
This — ongoing — modus operandi of intentionally providing false information has been recently repeated: Criminal charges have been filed with the Frankfurt District Attorney showing that Deutsche Bank is intentionally misleading investors and the public by failing to make and publish provisions for multibillion Euro risks arising from thousands of law suits that have been brought against Deutsche Bank for (inter alia) manipulating Libor interest rates, gold and silver prices, fraudulent dealings affecting the US housing market, predatory lending in Germany, etc. All of this has once again fueled reports that Deutsche Bank is on the verge of bankruptcy (cf., for example http://www.zerohedge.com/news/2016-10-03/deutsche-bank-insolvent). Criminal charges have also been filed with respect to Deutsche Bank´s intentionally misleading German courts. The Frankfurt Attorney General is investigating both allegations (File No 7591 Js 202605/17 Wi for failure to make adequate provisions and inform the public about it, and File No 4 Zs 6/14 and 7580 Js 215607/13 for misleading the courts).
CONCLUSION
For the reasons stated above, the court should impose punitive damages if it finds in this matter that Deutsche Bank acted willfully and with intent in failing to perform its duties under the Governing Agreements and under common law as Deutsche Bank did in the German cases referred to above.
Dated: March 20, 2017 Respectfully submitted,
FUELLMICH & ASSOCIATES
…………………………………
REINER FUELLMICH (Bar No. ______)
__________@fuellmich.com
CERTIFICATE OF COMPLIANCE WITH WORD COUNT REQUIREMENT
Pursuant to Rule of Court 8.204(c)(1), the undersigned hereby certifies that the computer program used to generate this brief indicates that it does not exceed 1640 words (including footnotes and excluding the parts identified in Rule 8.504(d)(3)).
Dated: March 20, 2017
…………………………………….
Reiner Fuellmich (Bar No. ______)
PROOF OF SERVICE
BLACKROCK BALANCED CAPITAL PORTFOLIO (FI) et al v. DEUTSCHE BANK NATIONAL TRUST COMPANY and DEUTSCHE BANK TRUST COMPANY AMERICAS
Case No. 30-2016-00843062-CU-BC-CXC
I, Reiner Fuellmich, state:
I am a citizen of Germany. My business address is Senderstrasse 37, 37077 Goettingen, Germany. I am admitted to the California bar and to the bar in Lower Saxony, Germany. I am over the age of eighteen years and not a party to this action. On the date set forth below, I served the foregoing documents described as:
APPLICATION FOR LEAVE TO FILE PROPOSED AMICUS CURIAE BRIEF AND AMICUS CURIAE BRIEF OF RECHTSSTAAT STATT BANKENSTAAT, E.V. (= “RSB” = Rule of Law Instead of Rule of Banks, registered non profit organization) IN SUPPORT OF PLAINTIFFS on the following person(s) in this action addressed as follows:
FOR COLLECTION VIA REGULAR MAIL, BY EMAIL, AND BY FAX:
Blair A. Nicholas Attorneys for Plaintiffs
Bernstein Litowitz Berger &
Grossmann LLP
12481 High Bluff Drive
Suite 300
San Diego, CA 92130
FAX: Fax: (xxx) xxx-xxxx email: blairn@xxxxxxxx.com
Elizabeth Frohlich Attorneys for Defendants
Morgan, Lewis & Brockius LLP
One Market, Spear Street Tower
San Francisco, CA 94105-1596
Fax: (xxx) xxx-xxxx email: elizabeth.frohlich@—————-.com
Reiner Fuellmich Attorneys for Amicus Curiae
Fuellmich & Associates
Senderstrasse 37 37077 Goettingen, Germany
Fax: + 49 xxx xxx xxxxx email: __________@fuellmich.com
BY UPS EXPRESS
Clerk of the Court (one original, 4 copies)
Superior Court of California
County of Orange
Civil Complex Center
751 West Santa Ana Blvd.
Santa Ana, CA 92701
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed on March 20, 2017 at Goettingen, Germany.
Dated: March 20, 2017
…………………………………….
Reiner Fuellmich (Bar No. ______)