Rudat v. Wells FargoBank CA4/3

Filed 8/26/13 Rudat v. Wells FargoBank 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

LORENA RUDAT et al.,

Plaintiffs and Appellants, G047397

v. (Super. Ct. No. 30-2012-00549881)

WELLS FARGO BANK, N.A., OPINION

Defendant and Respondent.

Appeal from a judgment of the Superior Court of Orange County, Gregory H. Lewis, Judge. Affirmed. Graham & Martin, Anthony G. Graham and Michael J. Martin for Plaintiffs and Appellants. Severson & Werson, Jan T. Chilton and Erik Kemp for Defendant and Respondent.

In a quiet title action, the superior court sustained a demurrer to the first amended complaint without leave to amend and entered a dismissal of the cause of action. We affirm. I FACTS AND PROCEDURAL SETTING On March 1, 2012, appellant Lorena Rudat (Lorena) filed a complaint against respondent Wells Fargo Bank, N.A. (Wells Fargo), to quiet the title of the property located at 2019 West Chapman Avenue in Orange, California (the property). The complaint alleged Wells Fargo issued two lines of credit for Daniel Leroy Rudat (Daniel),1 Lorena‟s son, and placed two liens on the property to secure the debts on March 29, 1995 and August 5, 2002, respectively. The complaint further alleged Lorena owns the subject property, Daniel filed for chapter 7 bankruptcy protection on April 20, 2011, the bankruptcy court subsequently discharged the debts to Wells Fargo, but Wells Fargo then recorded and served a notice of default and election to sell under a deed of trust, notwithstanding the discharge. Wells Fargo demurred to the complaint and filed a request for judicial notice. Prior to the scheduled hearing on Wells Fargo‟s demurrer, Lorena filed a first amended complaint, adding Daniel as a plaintiff. Wells Fargo promptly demurred to the amended complaint and again requested judicial notice of the following documents pertaining to the property and Daniel‟s bankruptcy petition: (1) a grant deed recorded on February 23, 1995, from Lorena, as trustee under a declaration of trust dated December 28, 1982, to Daniel, a married man, as his sole and separate property; (2) a grant deed recorded on March 29, 1995 from Lorena, as trustee, to Daniel, a married man, as his sole