McIntyre

INTRODUCTION

Gail Johnson-McIntyre (appellant) appealed from the judgment entered against her after the trial court sustained the demurrer of defendant BNC Mortgage, Inc. (BNC), among others, and denied her leave to amend. We reversed the judgment with respect to the cause of action alleged against BNC for cancellation of trust deed and other instruments secured by appellant’s real property. However, BNC filed for bankruptcy court protection (In re BNC Mortgage LLC (case No. 09-10137-SCC) (BNC bankruptcy) and so we stayed our disposition as to appellant pending notification from the bankruptcy court. We have since received notification from BNC of a plan confirmation in the BNC bankruptcy precluding all claimants in that proceeding from pursuing any claim against BNC. Meanwhile, BNC obtained a separate judgment against appellant finally adjudicating BNC’s rights in the trust deed secured by appellant’s property. Therefore, the instant appeal is moot and so we lift the stay and dismiss the appeal.

FACTUAL AND PROCEDURAL BACKGROUND

1. Appellant’s lawsuit against BNC Appellant’s complaint against BNC, among others, sought inter alia cancellation of a trust deed and other…