McClain v. Wells Fargo Bank CA2/2

Filed 3/4/14 McClain v. Wells Fargo Bank CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

NATTINEQUE A. MCCLAIN, B247246

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC450586) v.

WELLS FARGO BANK, N.A. et al.,

Defendants and Respondents.

APPEAL from an order of the Superior Court of Los Angeles County. David L. Minning, Judge. Dismissed.

Nattineque A. McClain, in pro. per., for Plaintiff and Appellant.

Severson & Werson, Jan T. Chilton, Erik W. Kemp, Elizabeth H. Andrews and Kerry Franich for Defendants and Respondents.

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Appellant Nattineque A. McClain (McClain) appeals the trial court’s order “lifting the . . . stay pending the appeal which constituted an[] abuse of the court’s discretion. Whether a Writ of Mandamus should issue ordering this court to reimpose the Stay.” We dismiss the appeal for the following reasons: (1) the only issue raised by this appeal was already decided by this court; (2) the appeal is moot; and (3) the appellate record is inadequate. FACTUAL AND PROCEDURAL BACKGROUND As discussed below, McClain did not provide us with an adequate record from which we could discern the underlying facts. In order to provide context to this appeal, we refer to facts and portions of the appellate record contained in McClain’s contemporaneous appeal of a trial court judgment of dismissal (McClain v. Wells Fargo Bank, N.A. (Mar. 4, 2014, B244978) [nonpub. opn.]). Factual Background In September 2005, McClain obtained a $375,000 refinance loan from respondent Wells Fargo Bank, N.A. (Wells Fargo). To secure the loan, she signed a deed of trust encumbering her residence in Los Angeles. Wells Fargo assigned its beneficial interest in the deed of trust to HSBC Bank USA, N.A. (HSBC), as trustee. McClain defaulted. A notice of default was recorded against the property in July 2008. By that time, the loan was over $57,000 in arrears. At a duly noticed trustee’s sale held in July 2009, HSBC purchased the property. Procedural Background In August 2009, HSBC filed an unlawful detainer action against McClain in Santa Monica. Eventually, HSBC’s motion for summary judgment was granted and judgment was entered in its favor. McClain appealed, and her appeal was dismissed. On December 3, 2010, McClain filed her initial complaint against Wells Fargo and HSBC in this action. While Wells Fargo and HSBC’s demurrer was pending, and just before McClain filed a first amended complaint, the trial court entered an order finding that this action and the unlawful detainer action were related cases. The order stayed all