Ilyin

Filed 9/30/15 Ilyin v. NDEx West CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(San Joaquin) ----

ALEX K. ILYIN et al., C072170

Plaintiffs and Appellants, (Super. Ct. No. 39-2011- 00268103-CU-OR-STK) v.

NDEX WEST, LLC,

Defendant and Respondent.

Plaintiffs Alex and Samira Ilyin, who lost their home in foreclosure proceedings, appeal the judgment of dismissal after the trial court sustained the demurrer without leave to amend of defendant NDEx West, LLC (NDEx), the agent for Wells Fargo Bank, N.A. (Wells Fargo) and the trustee under plaintiffs’ deed of trust. Plaintiffs’ complaint alleged that for various reasons Wells Fargo had no legal interest in the deed of trust and could not legally foreclose. Plaintiffs alleged…