U.S. Bank National Association v. Sepehry-Fard CA6

I. BACKGROUND

U.S. Bank filed its unlawful detainer complaint against Sepehry-Fard in 2017. U.S. Bank alleged that it purchased real property at a foreclosure sale, perfected title under the sale by recording the trustee’s deed upon sale, and served a three-day notice to quit but Sepehry-Fard continued in possession of the property. Sepehry-Fard answered, admitting that he retained possession of the property. The trial court denied Sepehry-Fard leave to file a cross-complaint. Later, while the case was removed to federal court, Sepehry-Fard cross-complained asserting many claims against U.S. Bank and others. Sepehry-Fard has since unsuccessfully moved the trial court for default judgment. Styling himself as a cross-complainant, Sepehry-Fard filed the motion at issue in this appeal, which he captioned as a request for an injunction and monetary relief. Sepehry-Fard argued that U.S. Bank and others conspired to rig the nonjudicial foreclosure auction by falsely reporting that it had been postponed, suppressing the sale price.2 Sepehry-Fard argued that “the alleged sale should be set aside so that a new sale can be held and the owner can seek to benefit from competition” and he…