Brown

Brown v. Wells Fargo Bank

Good Law
139 Cal. Rptr. 3d 709·2012 Cal. App. LEXIS 422·204 Cal. App. 4th 1353·2012 WL 1255303
Court of Appeal of CaliforniaApril 16, 2012No. B233679California1,257 words

Opinion

Lead Opinion

Yegan, J.

—Some appeals are filed to delay the inevitable. This is such an appeal. It is frivolous and was “ ‘dead on arrival’ at the appellate courthouse.” (Estate of Gilkison (1998) 65 Cal.App.4th 1443, 1449 [ 77 Cal.Rptr.2d 463 ].)

Jane Brown was/is in default on a home mortgage. Foreclosure proceedings were commenced and she filed suit to prevent the sale of her home. She *1355 appeals from a June 8, 2011 order dissolving a preliminary injunction and allowing the sale to go forward. This was attributable to her failing to deposit $1,700 a month into a trust account as ordered by the trial court. The preliminary injunction required that the money be deposited in lieu of an injunction bond. (Code Civ. Proc., § 529, subd. (a).)

In her opening brief appellant claims that the order dissolving the injunction is invalid because it issued “ex parte.” After calendar notice was sent to him, trial and appellate counsel, Jason W. Estavillo, asked that we dismiss the appeal. We will deny this request. We will affirm the judgment and refer the matter to the California State Bar for consideration of discipline.

Facts and Procedural History

In 2010 appellant defaulted on her $480,000 World…

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