Frost v. Regner CA4/3

Filed 12/10/24 Frost v. Regner CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

JANE FROST, as Trustee, etc.,

Plaintiff and Appellant, G062950

v. (Super. Ct. No. 30-2015- 00767040) VANNA P. REGNER, as Trustee, etc. et al., OPINION

Defendants and Respondents.

Appeal from a postjudgment order of the Superior Court of Orange County, Glenn R. Salter, Judge. Affirmed. Jane Frost, in pro. per., for Plaintiff and Appellant. Obrand Law Group and Michael Obrand for Defendants and Respondents Edward Escano, Scott MacDonald, and Pickford Real Estate, Inc.

No appearance for Defendants and Respondents Vanna P. Regner and Mark Carlson. * * *

Roughly five years after entry of judgment against her based on a jury verdict, plaintiff Jane Frost moved for statutory and equitable relief from the judgment. The trial court denied the motion, finding the judgment was not void on its face and equitable relief was not warranted under the circumstances. Frost claims the trial court’s resulting order is inadequate for appellate review and that the court’s denial of her motion amounts to an abuse of discretion because she demonstrated extrinsic fraud. On the record before us, which is adequate for review, we find no error and affirm the challenged order. FACTS AND PROCEDURAL HISTORY The underlying dispute between the parties relates to the 2012 sale of a residential property by defendant Vanna Regner to Frost. After dealing with sewer drainage issues at the property during the two years following the sale, Frost sued Regner for breach of contract, intentional misrepresentation, and intentional fraudulent concealment. Among other things, the complaint alleged Regner knew and actively concealed that there were significant plumbing problems which made the property uninhabitable without substantial repairs to its plumbing system. Amendments to the complaint added as defendants two real estate agents involved in the 2012 sale, Edward Escano and Scott MacDonald, as well as companies for which they allegedly were agents, including Pickford Real Estate, Inc. (Pickford), and added breach of contract and breach of fiduciary duty claims against those added defendants.