Obillo

I. FACTUAL AND PROCEDURAL BACKGROUND

Because this appeal arises from the sustaining of a demurrer, we summarize the

underlying facts stated in the SAC, accepting as true the properly pleaded factual

allegations and judicially noticed facts.1 (See Debrunner v. Deutsche Bank National

Trust Co. (2012) 204 Cal.App.4th 433, 435-36.)

The trial court granted the parties' requests for judicial notice—the record does not indicate either were opposed—and took notice of a number of documents as requested. (See Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264 [courts may take judicial notice of the existence and recordation of real property records, including deeds of trust, and legally operative documents] disapproved on other ground in Yvanova v. New Century Mortgage Corporation (2016) 62 Cal.4th 919.) Neither party disputes the judicial notice ruling on appeal. 2 A. Original Mortgage and Deed of Trust, Modification and Default

In 2004, Obillo obtained a home mortgage from Downey Savings and Loan

Association, which later assigned the mortgage and deed of trust to Central. In 2008,

Obillo had an unpaid principal balance in excess of the original loan…