Barefield

Barefield v. Washington Mutual Bank

Good Law
136 Cal. App. 4th 299·2006 Cal. App. LEXIS 131·2006 Daily Journal DAR 1427·38 Cal. Rptr. 3d 858·2006 Cal. Daily Op. Serv. 1045
Court of Appeal of CaliforniaFebruary 1, 2006C049314California1,268 words

Opinion

Opinion

Raye, J.

Plaintiff Lois M. Barefield appeals pro se from entry of judgment following the grant of summary judgment to defendant Washington Mutual Bank. On appeal, plaintiff raises various contentions arising from her belief that defendant’s notice of its motion for summary judgment was untimely served. We shall affirm the judgment.

FACTS AND PROCEDURAL BACKGROUND

On March 14, 2003, plaintiff filed a complaint against defendant for fraud, slander, and “intentional tort,” alleging defendant “illegally removed” Social Security income from her checking account and then “slandered [her] name” by reporting her subsequent account overdrafts to third parties.

On December 22, 2003, an arbitrator denied plaintiff’s claims, finding defendant’s conduct “proper” in paying the Internal Revenue Service money from plaintiff’s account based on a levy on the account because of unpaid taxes.

On December 29, 2003, plaintiff requested trial de novo.

On November 1, 2004, the court set a trial date of February 14, 2005.

On November 4, 2004, defendant filed its motion for summary judgment to be heard on January 20, 2005. The same day, defendant deposited a copy of the motion with Federal Express…

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