Ellis
Ellis v. Declue CA4/2
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…