Franchetto

Filed 5/13/14 Franchetto v. Wells Fargo Home Mortgage CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(El Dorado) ----

RICK FRANCHETTO et al., C073870

Plaintiffs and Appellants, (Super. Ct. No. PC20080575)

v.

WELLS FARGO HOME MORTGAGE et al.,

Defendants and Respondents.

In this construction defect case, the trial court sustained the demurrer of defendant Hillsborough Lending, LLC (Hillsborough) without leave to amend on the ground the action was time-barred. On appeal from the resulting judgment of dismissal, plaintiffs Rick and Beatrice Franchetto contend the trial court erred because: (1) the Doe amendment that added Hillsborough should have related back to the filing of the original complaint; and (2) even if the Doe…