Dorn v. Countrywide Home Loans CA2/4

Filed 10/15/13 Dorn v. Countrywide Home Loans CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

JASON DORN, B244325

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. KC062566) v.

COUNTRYWIDE HOME LOANS, INC., et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County, Robert A. Dukes, Judge. Affirmed. Jason Dorn, in pro. per., for Plaintiff and Appellant. Mcquirewoods, Leslie M. Werlin, and Lila Y. Al-Marhoon for Defendants and Respondents.

Plaintiff Jason Dorn appeals from a judgment dismissing his action against defendants America’s Wholesale Lender, Countrywide Bank, Bank of America Home Loan Services, MERS, and ReconTrust.1 Because we conclude that the trial court did not abuse its discretion in dismissing the action, we affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiff Jason Dorn filed the present action against defendants on November 18, 2011, alleging seven causes of action arising out of the alleged wrongful foreclosure of plaintiff’s home. Defendants demurred to all causes of action, and the trial court sustained the demurrer with leave to amend. Plaintiff filed a first amended complaint on February 23, 2012. It asserted causes of action for: (1) declaratory relief: fraud in the execution (first cause of action, first count); (2) declaratory relief: failure of consideration (first cause of action, second count); (3) declaratory relief: existence of an obligation — no creation of rights (first cause of action, third count); (4) declaratory relief: existence of an obligation — no creation of rights (first cause of action, fourth count); (5) injunctive relief (second cause of action); (6) accounting (third cause of action). Defendants demurred to all causes of action. On May 10, 2012, the court sustained the demurrer and granted plaintiff 10 days leave to amend his first and second causes of action. The court denied plaintiff leave to amend the third cause of action because it concluded that an accounting was not “an appropriate cause of action in this matter.”