Tumbaga

Filed 1/12/15 Tumbaga v. Bank of America CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(El Dorado) ----

NORALYN B. TUMBAGA et al., C075532

Plaintiffs and Appellants, (Super. Ct. No. SC 2012-0186)

v.

BANK OF AMERICA, N.A., et al.,

Defendants and Respondents.

In a fourth attempt to plead a viable cause of action, plaintiffs Noralyn B. Tumbaga and Wilma V. Carnay sought to set aside the August 2012 trustee’s sale of their South Lake Tahoe residence to defendant Bank of America, N.A. (Bank), which defendant ReconTrust Company, N.A. (ReconTrust), conducted as a successor trustee (under a deed of trust securing a 2009 refinancing loan for the property) because plaintiffs defaulted on their financial obligation to the lender. In essence,…