Penney
Penney v. THR California LP CA2/3
Opinion
Opinion
INTRODUCTION
Plaintiff and Appellant Bever-leigh B. Penney appeals the trial court’s judgment dismissing her case based on its order sustaining without leave to amend the demurrer brought by Defendants and Respondents THR California LP and Riverstone Residential Group. Penney’s real property was sold to THR in a non-judicial foreclosure sale. Prior to the sale, Penney brought an action against the lender and trustee alleging fraud and wrongful foreclosure. The federal district court granted motions to dismiss and a motion for summary judgment in favor of the lender and trustee, disposing of Penney’s complaint. Penney then brought the present lawsuit against THR and Riverstone, alleging that by purchasing her home from the foreclosure sale they were liable for conversion, unfair competition, slander of title, claim and delivery, quiet title, cancellation of instruments, and conspiracy. We affirm the judgment dismissing Penney’s case because Penney fails to show on appeal how the complaint alleged sufficient facts to state a claim for each cause of action.
FACTS AND PROCEDURAL BACKGROUND
In 1998, Penney obtained a fixed-rate mortgage loan for $269,500 from DiTech Funding…