Gomez

INTRODUCTION

Juana Gomez sued Wells Fargo Bank, N.A. (Wells Fargo), for damages allegedly stemming from the nonjudicial foreclosure sale of her property. Her operative first amended complaint (FAC) asserts Wells Fargo ran afoul of the Homeowners Bill of Rights (HBOR);1 violated the Unfair Competition Law, Business and Professions Code section 17200 et seq. (UCL); and is liable for intentional infliction of emotional distress (IIED). The trial court sustained Wells Fargo’s demurrer to the FAC without leave to amend. In so doing, it concluded, among other things: (1) Civil Code2 section 2924.11 does not apply to the deed of trust giving rise to the foreclosure sale; (2) HBOR does not authorize a claim for damages for violations of section 2924b; (3) because Gomez’s HBOR claims fail, her derivative UCL claim fails; and (4) Gomez’s IIED claim is time-barred. We affirm.

BACKGROUND

Gomez owned a parcel of real property located in North Hollywood (the Property). On August 15, 2005, she executed a deed of trust on the Property (first DOT) to secure a debt of $150,300 owed to Wells Fargo. The first DOT was recorded on September 12, 2005. In August 2006, Gomez executed a promissory note…