Countrywide Home Loans, Inc. v. Superior Court of Orange Cty.

After we issued an alternative writ, real party in interest supplemented the record with our permission. The new evidence disclosed a fact which, had it been disclosed in the petition, would have caused us to exercise our discretion not to issue the alternative writ. We hold we may discharge the writ without further proceedings as having been improvidently granted. The effect of such a discharge is that our decision is not law of the case on the issues presented in the petition and this order is final immediately.

Background

In its superior court action, petitioner Countrywide Home Loans, Inc., asserts a right to quiet title to property acquired by real party Donna Glance and others (collectively Glance) through a nonjudicial foreclosure sale, and certain related causes of action. Countrywide recorded a lis pen-dens which the trial court subsequently ordered expunged on dance’s motion. Countrywide then filed its petition for writ of mandate seeking relief from this order. The petition’s primary contention is that there was an error in the legal description contained in the notice of sale and therefore Civil Code section 2924f, subdivision (b) renders the sale voidable.…