Shelton
Shelton v. Rancho Mortgage & Investment Corp.
Opinion
Opinion
O'Leary, J.
Kim Shelton appeals an order denying her postjudgment request for sanctions under Code of Civil Procedure section 128.5 against the respondents Rancho Mortgage & Investment Corporation (Rancho), the Federal Home Loan Mortgage Corporation (FHLMC), and their attorneys of record Garrett & Tully and Robert Garrett (Garrett). The respondents request that we dismiss the appeal, contending the order is not appealable. We conclude the order is appealable, but the trial court did not abuse its discretion in denying the request for sanctions. Accordingly, we deny the motion to dismiss the appeal and affirm the order.
I
Shelton loaned her mother, Yen Ha, $90,000 in exchange for a one-half interest in residential property. Before Shelton’s deed was recorded, Ha borrowed $130,000 from Plaza Funding Corporation (PFC) secured by a first trust deed on the entire property. Subsequently, Ha forged Shelton’s name to a deed reconveying Shelton’s one-half interest to Ha. Ha then secured a $180,000 loan from Rancho secured by a new first on the property. Rancho assigned its rights to FHLMC.
When Shelton learned of her mother’s treachery, she filed an action against Ha and Rancho for fraud,…