Thomas
Thomas v. Bank of America CA4/1
Opinion
Opinion
INTRODUCTION
Rudie Thomas appeals from a judgment dismissing his second amended complaint
(SAC) for wrongful foreclosure related causes of action after the trial court sustained a
demurrer to it without leave to amend. Thomas asserts numerous grounds of error. We
conclude none of them has merit and affirm the judgment.
BACKGROUND
Because this appeal arises from the sustaining of a demurrer, we summarize the
underlying facts stated in the SAC. We accept as true the SAC's properly pleaded
material factual allegations and facts properly judicially noticed. (Debrunner v. Deutsche
Bank National Trust Co. (2012) 204 Cal.App.4th 433, 435-436 (Debrunner).)
In March 2006 Thomas borrowed over $600,000 from Resmae Mortgage
Corporation (Resmae). The loan was secured by a trust deed on real property. The trust
deed was recorded evidencing the secured loan. The trust deed identified Chicago Title
Company as the trustee and Mortgage Electronic Registration Systems, Inc. (MERS) as
the nominee beneficiary for Resmae.1
1 " 'MERS is a private corporation that administers the MERS System, a national electronic registry that tracks the transfer of ownership interests and…