Stebley

Stebley v. Litton Loan Servicing, LLP

Good Law
134 Cal. Rptr. 3d 604·2011 Cal. App. LEXIS 1644·202 Cal. App. 4th 522
Court of Appeal of CaliforniaNovember 30, 2011No. C066130California1,604 words

Opinion

Lead Opinion

Duarte, J.

Plaintiffs Charles V. and Gina Stebley timely appeal from judgments of dismissal in favor of defendants Litton Loan Servicing, LLP, Mortgage Electronic Registration Systems, Inc., Bank of New York Mellon, and WMC Mortgage, LLC, after the trial court sustained demurrers to complaints seeking damages and other relief for the purportedly wrongful foreclosure of plaintiffs’ residence. Because plaintiffs have neither stated a cause of action, nor shown they can amend to state a cause of action, we shall affirm.

BACKGROUND

As defendants point out, plaintiffs have failed in their duty, as the appellants, to provide an adequate record (Ballard v. Uribe (1986) 41 Cal.3d 564, 574-575 [ 224 Cal.Rptr. 664 , 715 P.2d 624 ]), and to make coherent legal arguments (People v. Freeman (1994) 8 Cal.4th 450, 482, fn. 2 [ 34 Cal.Rptr.2d 558 , 882 P.2d 249 ]; In re Marriage of Nichols (1994) 27 Cal.App.4th 661, 672-673, fn. 3 [ 33 Cal.Rptr.2d 13 ]). Although plaintiffs appear in this court without counsel, that does not entitle them to special treatment. (Rappleyea v. Campbell (1994) 8 Cal.4th 975, 984-985 [ 35 Cal.Rptr.2d 669 , 884 P.2d 126 ]; Doran v. Dreyer (1956) 143 Cal.App.2d 289, 290…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.