Smith v. EMC Mortgage CA3

Filed 7/26/16 Smith v. EMC Mortgage 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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) ----

WENDELL SMITH, C078532

Plaintiff and Appellant, (Super. Ct. No. 39-2013- 00298237-CU-FR-STK) v.

EMC MORTGAGE LLC et al.,

Defendants and Respondents.

Plaintiff Wendell Smith (Smith) appeals from a judgment of dismissal after the trial court sustained without leave to amend a demurrer by EMC Mortgage LLC and JP Morgan Chase Bank, N.A, (collectively Chase). Smith’s briefing is very difficult to decipher, but appears to fault the trial court for expunging a lis pendens and sustaining the demurrer without being told by Chase that certain underlying property had already been sold. His opening brief fails to set forth…