Werner

Facts Our summary of the facts is based on appellant's first amended complaint and attached exhibits.1 Respondents refer to a second amended complaint, but the record on appeal contains no such document. We disregard the section in respondents' brief entitled "Statement of the Case." This section summarizes facts contained in documents that respondents asked the trial court to judicially notice. The court denied the request for judicial notice, and the documents are not included in the record on appeal. Appellant purchased two single family residences: one on Ocean Drive in Oxnard (the Ocean Drive Property) and the other on Calle Madrid in Rowland Heights (the Calle Madrid Property). Loans for the properties were secured by deeds of trust in favor of IndyMac Bank. In 2009 respondent OneWest Bank acquired IndyMac Bank's loan portfolio. In February 2011 the beneficial interest in the first deed of trust on the Ocean Drive Property was assigned to respondent Deutsche Bank. Appellant fell behind on the loan payments. On July 10, 2012, appellant and Nicholas Deal of IndyMac Mortgage Services, a division of OneWest Bank, orally agreed that appellant "would put the Calle…