Codilla
Codilla v. Select Portfolio Servicing CA4/2
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.”