Rudat

FACTS AND PROCEDURAL SETTING

On March 1, 2012, appellant Lorena Rudat (Lorena) filed a complaint against respondent Wells Fargo Bank, N.A. (Wells Fargo), to quiet the title of the property located at 2019 West Chapman Avenue in Orange, California (the property). The complaint alleged Wells Fargo issued two lines of credit for Daniel Leroy Rudat (Daniel),1 Lorena‟s son, and placed two liens on the property to secure the debts on March 29, 1995 and August 5, 2002, respectively. The complaint further alleged Lorena owns the subject property, Daniel filed for chapter 7 bankruptcy protection on April 20, 2011, the bankruptcy court subsequently discharged the debts to Wells Fargo, but Wells Fargo then recorded and served a notice of default and election to sell under a deed of trust, notwithstanding the discharge. Wells Fargo demurred to the complaint and filed a request for judicial notice. Prior to the scheduled hearing on Wells Fargo‟s demurrer, Lorena filed a first amended complaint, adding Daniel as a plaintiff. Wells Fargo promptly demurred to the amended complaint and again requested judicial notice of the following documents pertaining to the property and Daniel‟s bankruptcy…