Myers v. Sundby CA4/1

Filed 1/21/25 Myers v. Sundby CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

JEFFREY MYERS et al., D084372

Plaintiffs and Respondents, (Super. Ct. No. 37-2021- 00055006-CU-UD-CTL) v.

DALE H. SUNDBY,

Defendant;

DALE H. SUNDBY, as Trustee, etc.,

Movant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Joel R. Wohlfeil, Judge. Appeal dismissed.

Dale H. Sundby, in pro. per., for Movant and Appellant. Lewis R. Landau for Plaintiffs and Respondents.

MEMORANDUM OPINION1

Edith Littlefield Sundby and Dale H. Sundby (the Sundbys),2 in their capacity as cotrustees of the Sundby Declaration of Trust, Trust No. 1989-1, Dated January 26, 1989 (the Sundby Trust), are the former owners of two parcels of real estate located in La Jolla, California (the property). The Sundby Trust defaulted in the payment of a promissory note secured by a deed of trust on the property. The owner and holder of the promissory note and deed of trust recorded a notice of default, held a foreclosure sale, and sold the property to Jeffrey Myers and Kathleen Myers (the Myerses). In September 2021, the Myerses served a written three-day notice to quit due to foreclosure and a 90-day notice to quit due to foreclosure, demanding possession of the property within three days after service on the Sundbys. The Myerses filed a verified unlawful detainer complaint against the Sundbys, in their capacity as cotrustees of the Sundby Trust, after the Sundbys refused to deliver possession of the property. The trial court entered default judgments against Edith and Dale. In prior consolidated appeals, we affirmed the trial court’s denial of Dale’s motion to vacate his default and the resulting default judgment against him. (Myers v. Sundby (Jan. 25, 2023, D080011, D080348, D080687) [nonpub. opn.].) In April 2024, Dale, acting in his capacity as a trustee of the Sundby Trust, filed a postjudgment motion to intervene as a matter of right in this action. In response, the Myerses filed an ex parte application to strike the motion to intervene, alternatively to expedite the motion, contending the