Bank of America v. Copeland CA2/3

Filed 7/10/14 Bank of America v. Copeland CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

BANK OF AMERICA, N.A., B247996

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BC433486) v.

BRUCE DWAIN COPELAND,

Defendant and Appellant.

APPEAL from judgment of the Superior Court of Los Angeles County, Kevin C. Brazile, Judge. Affirmed.

Bruce Dwain Copeland, in pro. per., for Defendant and Appellant.

Garrett & Tully and Tomas A. Ortiz for Plaintiff and Respondent. _____________________

INTRODUCTION Defendant Bruce Dwain Copeland appeals the trial court’s denial of his motion to set aside default judgment, which was entered in favor of Plaintiff-in-intervention Bank of America N.A. (Bank of America), successor by merger to BAC Home Loans Servicing LP formerly known as Countrywide Home Loans Servicing LP. Copeland filed one answer in this case, which was stricken by the trial court for lack of standing. Copeland failed to file any other responsive pleading. We affirm the court’s denial of the motion to set aside because Bank of America adhered to Code of Civil Procedure1 section 587 in requesting default and Copeland fails to satisfy Code of Civil Procedure 473.5 to set aside the default. FACTS AND PROCEDURAL BACKGROUND Copeland filed for Chapter 11 bankruptcy. While his bankruptcy case was pending, Countrywide Home Loans made a loan to Copeland and his wife, secured by a deed of trust against the property at issue in this case. Copeland’s wife subsequently purchased the property from the bankruptcy estate and then transferred the property to R&R Real Estate Trust, Inc. In March of 2010, Marc Shapiro, one of Copeland’s judgment lien creditors, sued Copeland and R&R Real Estate for fraudulent transfer, seeking to unwind the transfer so that the property could be sold to satisfy Shapiro’s judgment lien. When Copeland failed to respond to Shapiro’s complaint, Shapiro requested and was granted default judgment against Copeland in September 2010. In June 2011, Bank of America intervened in the lawsuit, seeking declaratory relief and to quiet title regarding the priority of its deed of trust amongst other liens.