U.S. Bank Nat. Assn. v. Henderson CA1/1

I. BACKGROUND

U.S. Bank is the beneficiary of a deed of trust on a certain property in Novato. It filed an action to quiet title and cancel instruments in September 2012, after Henderson

1 Plaintiff is fully identified as U.S. Bank National Association, as Trustee for the Certificate Holders of Harborview Mortgage Loan Trust 2006-1, Mortgage Loan Pass- Through Certificates, Series 2006-1. 2 All statutory references are to the Code of Civil Procedure. filed a number of documents, including a “Corporation Assignment of Deed of Trust” and a “Substitution of Trustee,” clouding title to the property. Soon after the case was filed, the court granted U.S. Bank’s ex parte application for a temporary restraining order prohibiting Henderson from recording any additional documents concerning the property, and it set the matter for a preliminary injunction hearing. Henderson appeared at a preliminary injunction hearing in May 2013. Around that time, Henderson removed the action to federal court, but it was subsequently remanded. According to the register of actions, a proof of service was filed as to Henderson on August 23, 2013. Henderson declined to include the proof of service in the…