Ciufia

Ciufia v. Deutsche Bank Nat. Trust Co. CA6

Good Law
Court of Appeal of CaliforniaJune 30, 2014H039469California4,949 words

Opinion

Opinion

I. INTRODUCTION

Appellant Sandra Ciufia obtained a home loan in the amount of $1.085 million. After she defaulted on the loan, nonjudicial foreclosure proceedings were initiated by respondent Deutsche Bank National Trust Company (Deutsche Bank) and her home was sold to respondent Sierra Asset Investments, LLC (Sierra Investments) at a trustee’s sale. Ciufia filed the instant action seeking to set aside the trustee’s sale based on her allegations that defendant Deutsche Bank did not have authority to foreclose and could not convey legal title to defendant Sierra Investments. The trial court sustained the demurrers of Deutsche Bank and Sierra Investments to all four causes of action asserted in the first amended complaint without leave to amend and dismissed Deutsche Bank and Sierra Investments from the action with prejudice. For the reasons stated below, we conclude that the trial court did not err and that Ciufia has not shown on appeal that the first amended complaint may be further amended to state a cause of action. We will therefore affirm the dismissals.

II. FACTUAL BACKGROUND

Our summary of the facts is drawn from the allegations of the first amended complaint and…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.