Barth

BACKGROUND

On October 22, 2007, Barth (in pro se) filed a complaint alleging causes of action (among others) for fraud and deceit, breach of contract, misrepresentation, unfair business practice, abuse of process, constructive trust, and negligence. All of Barth’s claims arise from American River HealthPro Credit Union’s alleged wrongful foreclosure of her Fair Oaks home. In April 2008, the trial court sent Barth a notice of case management conference and order to appear. Barth responded by letter that, until recently, she lacked funds necessary to proceed with the litigation, but now “I will serve the defendants and determine what I need to file with the court to get this case on track . . . .” In October 2008, attorney Ronald L. Melluish filed a case management statement on Barth’s behalf. Melluish reported that the defendant had not been served because “pro per plaintiff unable to serve” and he had “just subbed in. The complaint needs to be amended. I took the case because this plaintiff does make out a case for a very wrongful foreclosure. [¶] I would ask the court’s indulgence in setting the matter over at least 60 days to another [case management conference], during which…