Rucker

FACTS AND PROCEDURAL BACKGROUND

I. Facts

Because we are reviewing the trial court’s dismissal of a complaint on demurrer, we draw the following facts from the allegations set forth in the operative complaints and from judicially noticed documents, resolving any conflicts in favor of the judicially noticed documents. (Alborzian v. JPMorgan Chase Bank, N.A. (2015) 235 Cal.App.4th 29, 34 (Alborzian); Tucker v. Pacific Bell Mobile Services (2012) 208 Cal.App.4th 201, 210.) In 2004, plaintiff Michele Rucker (plaintiff) and her brother borrowed $725,000 from Countywide Home Loans, Inc. (Countrywide). The loan was secured by a deed of trust on a Chatsworth home jointly owned by plaintiff and her brother. In 2005, plaintiff’s brother ceded his interest in the property to plaintiff. By 2007, plaintiff had defaulted on the loan, and defendant ReconTrust Company, N.A. (ReconTrust), recorded a notice of default on the property. At some point thereafter, defendant Bank of America, N.A. (Bank of America) began servicing the loan. Between 2007 and 2013, plaintiff remained in the home and submitted 15 applications to Bank of America to modify the terms of her loan. In June 2013, while…