Lyons

Kathleen Lyons brings a misguided taxpayer’s suit against respondents Santa Barbara County Sheriff’s Office, Sheriff Bill Brown, Santa Barbara County Clerk-Recorder’s Office, Santa Barbara County Clerk/Recorder Joseph E. Holland, and county clerk/recorder employees Melinda Greene and Mary Rose Bryson. Appellant theorizes these entities and individuals unlawfully participated in a nonjudicial foreclosure and eviction process. The complaint sounds in the nature of a wrongful foreclosure action. It is brought under the guise of Code of Civil Procedure section 526a to collaterally attack the trustee’s sale and unlawful detainer judgment. The trial court sustained a demurrer without leave to amend and dismissed the matter. We affirm the judgment.

Appellant’s condominium was sold at a trustee’s sale after she defaulted on a $502,500 note secured by a deed of trust. Following the sale, a writ of possession issued in an unlawful detainer action and appellant was evicted. She then filed the instant action alleging that fraudulent mortgage documents were recorded to foreclose on the property. The complaint states that the mortgage documents were recorded and judicially noticed in…