Ellis

Ellis v. Declue CA4/2

Good Law
Court of Appeal of CaliforniaJune 26, 2024E080790California2,607 words

Opinion

Opinion

I.

INTRODUCTION

Deborah Ellis, proceeding in pro. per., appeals the trial court’s judgment entered

after the court granted Joseph Declue’s motion for nonsuit. We affirm.

II.

FACTUAL AND PROCEDURAL BACKGROUND

In 2013, Ellis retained Declue to represent her to stop the foreclosure on her house.

In 2014, Declue filed a complaint on Ellis’s behalf alleging claims for declaratory relief,

wrongful foreclosure, quiet title, and cancellation of instruments. The superior court

sustained the defendants’ demurrer to the complaint, so Declue filed a first amended

complaint in 2015. The case was eventually dismissed.

In 2016, Declue filed another case on Ellis’s behalf, again alleging claims for

declaratory relief, wrongful foreclosure, quiet title, and cancellation of instruments. The

superior court sustained the defendants’ demurrer to the complaint with leave to amend,

but then sustained their demurrer to Ellis’s first amended complaint without leave to

amend and entered judgment for the defendants in October 2016. Declue, who had

recently been suspended from practicing law, stopped representing Ellis in the case after

judgment entered.

2 In 2019, Ellis sued Declue and his…

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