Jenkins

Jenkins v. JPMorgan Chase Bank, N.A.

Bad Law
156 Cal. Rptr. 3d 912·2013 Cal. App. LEXIS 394·216 Cal. App. 4th 497·2013 WL 2145098
Court of Appeal of CaliforniaMay 17, 2013G046121California16,504 words

Opinion

Opinion

O'Leary, J.

Diane Jenkins (Jenkins) requests the reversal of the trial court’s dismissal of her lawsuit after it sustained the two separate demurrers of (1) JPMorgan Chase Bank, N.A. (Chase), and Bank of America, N.A. (B of A), and (2) Quality Loan Service Corporation (Quality). (These entities will collectively be referred to as Defendants, unless the context indicates otherwise.) In 2007, Jenkins executed a promissory note and deed of tmst in order to refinance her condominium. After she failed to obtain refinancing for the same loan in 2008 and 2009, she defaulted on the loan and thereafter brought suit to avoid nonjudicial foreclosure and collect monetary damages.

Jenkins voluntarily amended her initial complaint, which she filed in propria persona, after she retained counsel. The court sustained Defendants’ demurrers to Jenkins’s first amended complaint (FAC) with leave to amend four of her five causes of action. Jenkins’s second amended complaint (SAC) raised five causes of action. Two of the causes of action relate to her overarching assertion the secured interest created by her execution of the deed of trust in 2007 was extinguished by purportedly improper actions taken by…

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