Codilla

Codilla v. Select Portfolio Servicing CA4/2

Good Law
Court of Appeal of CaliforniaSeptember 11, 2015E061199California1,112 words

Opinion

Opinion

I. FACTS AND PROCEDURAL BACKGROUND

Plaintiff refinanced the property at issue in March 2006, executing a promissory

note in the amount of $203,000, secured by a deed of trust. Shortly thereafter, the loan

was pooled with other loans in a securitized investment trust. Wilmington is the

successor trustee of that securitized investment trust. In 2012, a notice of default and

election to sell and, subsequently, a notice of trustee’s sale, were recorded with respect to

the property. No trustee’s sale was held on the noticed date, however, and indeed no

trustee’s sale has yet taken place, according to briefing submitted in this appeal.

Plaintiff brought suit in October 2013, and the operative first amended complaint

(complaint) was filed in February 2014. The complaint purports to assert three causes of

action: (1) “Void Assignment of Trust Deed”; (2) “Quiet Title”; and (3) “Injunctive

[R]elief.”

Defendants’ demurrer to the first amended complaint was filed in March 2014,

and heard by the trial court on April 10, 2014. The court sustained the demurrer without

leave to amend. On April 22, 2014, the court entered judgment by filing a signed “Order

of Dismissal.”

II.…

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