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, and that Sepehry-Fard continued in possession of the property. In answer,

1 Undesignated statutory references are to the Code of Civil Procedure. Sepehry-Fard admitted that he retained possession of the property. Years of litigation ensued.2 In 2023, after Sepehry-Fard’s midtrial medical emergency resulted in a mistrial, U.S. Bank moved for summary judgment. Over Sepehry-Fard’s opposition, the trial court granted the motion in January 2024. The trial court also struck a statement of disqualification Sepehry-Fard filed concurrently with his responses to the trial court’s tentative ruling. The trial court entered judgment, which Sepehry-Fard unsuccessfully moved to vacate. Sepehry-Fard timely noticed appeals from the January 2024 order, the judgment entered later that month, and the denial of his motion to vacate the judgment.

II. DISCUSSION

On appeal, the trial court’s judgment is presumed correct.…