Malan

I. FACTUAL AND PROCEDURAL BACKGROUND

A. The Complaint In June 2019, lender HS Independence LLC (Lender) sued Katto and Malan to foreclose on a residential triplex (the Property). Lender alleged that, in 2017, it loaned $300,000 to Katto to purchase the Property, and Katto executed a corresponding deed of trust. Lender further alleged that, after this secured loan transaction, Katto purportedly executed a grant deed conveying the Property to herself and Malan as joint tenants. Lender

2 attached to its complaint copies of the recorded deed of trust and grant deed.1 Lender alleged Katto and Malan were in arrears on the loan, failed to maintain property insurance, and allowed the Property to fall into disrepair. B. Malan’s Answer and Cross-complaint In July 2019, Malan filed an answer to Lender’s complaint. He admitted the loan was in arrears, but alleged he “was prevented . . . by other parties” from making payments. A few days later, Malan filed a cross-complaint against Katto asserting causes of action for quiet title, accounting, partition, and declaratory relief. Malan alleged he and Katto purchased the Property together; Malan provided a $127,000 down payment and Katto…