Villanueva

facts that may properly be judicially noticed. (Crowley v. Katleman (1994) 8 Cal.4th

666, 672; Debrunner v. Deutsche Bank National Trust Co. (2012) 204 Cal.App.4th 433,

435.)

In February 2007, Villanueva purchased a house at 626 Arroyo Seco Drive in San

Diego (the Arroyo property), executing a note and deed of trust naming Plaza Home

Mortgage, Inc. as the lender. Villanueva was in the military, had completed two tours of

duty in Iraq, and at the time of the complaint's filing, was deployed on active duty.

All statutory references are to the Code of Civil Procedure unless otherwise indicated. 2 Balverde was authorized to store her personal possessions at the Arroyo property while

Villanueva was away.

In July 2008, GMAC Mortgage, LLC (GMAC) acquired title to the property in a

trustee's sale. In October 2008, Merritt, on behalf of GMAC, filed an unlawful detainer

action (the first unlawful detainer action) against Villanueva and Does 1-100. Substitute

service of the summons and complaint was effected on Balverde. That same month,

Merritt executed a declaration of nonmilitary status, declaring under oath that none of the

defendants in the action were in…