Tah

I. BACKGROUND

According to the trial court docket, designated as part of the clerk’s transcript on appeal, Tah filed her complaint on June 28, 2011. The complaint, which Tah has not included in the appellate record, is attached as an exhibit to her brief. The complaint alleges that the Bank is the trustee of a deed of trust securing a $622,300 mortgage loan

1 Unless otherwise indicated, subsequent statutory references are to the Code of Civil Procedure.

1 on Tah’s residence. It seeks to postpone foreclosure of the deed of trust, rescind the loan agreement, and recover damages on various theories. When the court ruled on the Bank’s demurrer, it took judicial notice of its file in this case and a previous case filed by Tah against the Bank and others for the same relief sought in the present suit (Tah v. Wells Fargo Bank, N.A., et al; Sonoma County Super Ct. No. SVC-248866).2 The Bank, which was sued in the prior action as trustee of a different trust—the Harborview 2005-2 Trust Fund—demurred to the first amended complaint in that action, and the demurrer was sustained without leave to amend in May 2011. On June 28, 2011, Tah dismissed the prior action without prejudice, and…