Hall v. Deutsche Bank National Trust CA2/7

Filed 10/9/13 Hall v. Deutsche Bank National Trust CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

GARY N. HALL, B244069

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. GC044196) v.

DEUTSCHE BANK NATIONAL TRUST COMPANY,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Joseph F. De Vanon, Judge. Affirmed. Plotkin Marutani & Kaufman and Jay J. Plotkin for Plaintiff and Appellant. Allen Matkins Leck Gamble Mallory & Natsis, Andrew E. Miller, Sarina Saluja and Kenyon D. Harbison for Defendant and Respondent.

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Gary Hall sued Deutsche Bank after a nonjudicial foreclosure on his property, contending that the foreclosure sale was invalid because it was based on an incorrect notice of default. Deutsche Bank obtained summary judgment, and we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Hall obtained a residential loan in 2007. He became delinquent in paying the property taxes in 2008, and IndyMac Federal Bank paid the taxes in October 2008. IndyMac created an escrow account relating to the unpaid taxes and increased Hall’s monthly payment amount. Hall stopped making payments on the loan in December 2008. A notice of default and election to sell was recorded against the property in March 2009. Hall did not offer to tender the principal loan balance. The notice of trustee’s sale was recorded in July 2009. Deutsche Bank purchased the property at the trustee’s sale in August 2009. Hall sued Deutsche Bank and others for a violation of Civil Code section 2924, wrongful foreclosure, quiet title, forcible entry, and trespass. Deutsche Bank obtained summary judgment in its favor. Hall appeals.