Piana

FACTS AND PROCEDURAL HISTORY

1 The SAC is poorly pleaded and difficult to understand. As best we can piece together, and interpreting the SAC extremely broadly, in May 2006 plaintiffs borrowed $1,121,300 from Pacific Community Mortgage Company, a defendant but not a party to this appeal. The adjustable rate loan (Loan), was memorialized by a promissory

1 Plaintiffs’ opening brief is defective as well. It fails to “[p]rovide a summary of the significant facts” supported by citation to the record, including only scanty facts as to the underlying transaction. (Cal. Rules of Court, rule 8.204(a)(2)(C), (a)(1)(C).) This could have forfeited their claims on appeal. (Evans v. CenterStone Development Co. (2005) 134 Cal.App.4th 151, 166-167; see Schmidlin v. City of Palo Alto (2007) 157 Cal.App.4th 728, 738 [“‘It is neither practical nor appropriate for us to comb the record on [a party’s] behalf’”].)

2 note (Note) secured by real property (Property), and evidenced by a deed of trust (Deed of Trust). The trustee was Commerce Title. Defendant MERS was the original beneficiary and nominee. By a written assignment, on August 17, 2011 MERS assigned the Deed of Trust to defendant Securitized…