Rosenberg
Rosenberg v. Chase Bank CA1/4
Opinion
Opinion
I.
INTRODUCTION
Richard Rosenberg (appellant) appeals from a dismissal of his third amended complaint (TAC) after the trial court sustained a demurrer filed by JPMorgan Chase Bank, N.A. (Chase) and California Reconveyance Company (CRC) (collectively respondents).1 On appeal, appellant’s sole claim is that the trial court erred in dismissing his TAC because he stated a cause of action for wrongful foreclosure based on Chase’s failure to communicate with him at least 30 days prior to filing the notice of default as required by Civil Code section 2923.5.2 We disagree and affirm.
1 Respondent Chase notes it was erroneously sued as “Chase Bank, N.A.,” and California Reconveyance Company notes it was erroneously sued as “California Reconveyance Corporation.” 2 All statutory references are to the Civil Code. Further references to section 2923.5 are to the 2008 version of the statute, which is the version that applies to the claims made in this case.
II.
FACTS AND PROCEDURAL HISTORY3
Appellant is presently the owner of a three-unit real property located in Healdsburg, California (the property), which he obtained in 2006. The property was purchased through Washington Mutual Bank,…