Mikulaco

I. INTRODUCTION

Appellant Henry Mikulaco obtained a home loan mortgage from Washington Mutual Bank, F.A. (Washington Mutual) in the amount of $1.673 million. The deed of trust provided that respondent California Reconveyance Company (CRC) was the trustee with power of sale. After Mikulaco stopped making payments on the loan, CRC initiated foreclosure proceedings by recording a notice of default and election to sell under deed of trust. The notice of default advised Mikulaco to contact respondent JPMorgan Chase Bank (JPMorgan) to arrange for payment to stop the foreclosure. Mikulaco responded by filing the instant action against defendants CRC and JPMorgan, in which he alleges that defendants do not have the legal authority to foreclose. The trial court sustained defendants’ demurrers to the two causes of action asserted in the first amended complaint, fraud and “temporary and permanent injunctive relief,” without leave to amend and entered a judgment dismissing the action with prejudice. For the reasons stated below, we conclude that the trial court did not err and that Mikulaco has not shown on appeal that the first amended complaint may be further amended to state a cause of…