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Filed 3/4/14 McClain v. Wells Fargo Bank CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B244978

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 and judgment of the Superior Court of Los Angeles County. David L. Minning, Judge. Affirmed.

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.

_________________

Appellant Nattineque A. McClain (McClain) appeals the trial court’s order sustaining the demurrer of defendants and respondents Wells Fargo Bank, N.A. (Wells Fargo) and HSBC Bank USA, N.A. (HSBC) to McClain’s second amended complaint (SAC). She also challenges “whether a writ of mandamus should issue for the denial of the ‘leave to amend.’” Because McClain has not met her burden on appeal, we conclude that the trial court properly entered judgment in favor of respondents. Accordingly, we affirm. 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 offer the following brief summary based upon what limited information was provided to us: Factual Background In September 2005, McClain obtained a $375,000 refinance loan from 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 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 On December 3, 2010, McClain filed her initial complaint against Wells Fargo and HSBC in this action. Later, McClain filed a second amended complaint. Wells Fargo and HSBC demurred to that pleading, and the trial court sustained their demurrer without leave to amend. A judgment of dismissal was entered, and McClain timely filed a notice of appeal.