Malkoskie

Plaintiffs and appellants Mariana Malkoskie and Pablo Juarez (plaintiffs) brought this action for quiet title and related claims seeking to set aside a nonjudicial foreclosure sale and subsequent eviction. They sued various defendants, including Sand Canyon Corporation, erroneously sued as Option One Mortgage Corporation (Option One), and Wells Fargo Bank, N.A., as Trustee for Master Asset Backed Securities Trust 2005 OPT1 (Wells Fargo). Option One and Wells Fargo (collectively defendants) filed a demurrer challenging plaintiffs’ operative second amended complaint. The trial court sustained defendants’ demurrer without leave to amend and entered a judgment of dismissal. Plaintiffs timely appealed, arguing the demurrer was erroneously sustained because the foreclosure sale was void, not merely voidable, and the stipulated judgment in a prior summary unlawful detainer proceedings did not have a preclusive effect on the issue of lawful title to the subject property. We find the validity of title was conclusively resolved in the unlawful detainer action and affirm the judgment on that basis.

FACTS

Plaintiffs lived in the single-family home located at 2112 Duane Street in…