Cutlip

Background Because this appeal arises from the sustaining of a demurrer, our summary of the factual history is drawn primarily from the operative pleading, plaintiff’s second amended complaint. Toward this end “we accept as true the properly pleaded material factual allegations of the complaint, together with facts that may properly be judicially noticed.” (Crowley v. Katleman (1994) 8 Cal.4th 666, 672; Moore v. Regents of 1 University of California (1990) 51 Cal.3d 120, 125.) On April 19, 2007, plaintiff executed a deed of trust and promissory note securing the loan on his residential property in Campbell. The lender was identified as Downey Savings and Loan Association, F.A. (Downey), and the trustee as DSL Service Company. Plaintiff initiated this action in propria persona on January 25, 2012, asserting 2 quiet title against only Downey. He had unsuccessfully pursued a loan modification and was then in default on the loan. On February 21, 2012, Western Progressive, LLC (Western Progressive), as “agent for [the] beneficiary,” recorded a notice of default on the property, listing $14,134.67 as the amount due. On March 19, 2012, Western 3 Progressive was substituted as trustee. By…