Julian v. U.S. Bank Nat. Assn. CA2/1

Filed 8/28/14 Julian v. U.S. Bank Nat. Assn. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

APOLONIO M. JULIAN et al., B250471

Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. BC484815) v.

U.S. BANK NATIONAL ASSOCIATION, as Trustee, etc., et al.,

Defendants and Respondents.

APPEALS from orders of dismissal of the Superior Court of the County of Los Angeles. Ralph W. Dau, Judge. Orders of dismissal affirmed. ______ Law Office of Harvey L. Katzman and Harvey L. Katzman for Plaintiffs and Appellants. Allen Matkins Leck Gamble Mallory & Natsis, Michael R. Farrell and Tim C. Hsu for Defendants and Respondents U.S. Bank National Association, as Trustee, and OneWest Bank N.A. Fidelity National Law Group and Susan M. Hutchison for Defendants and Respondents Brett Appel and Oliver Baker. ______

Apolonio M. and Clarita C. Julian appeal from the order of dismissal entered after the trial court sustained without leave to amend a demurrer to the second amended complaint filed by U.S. Bank National Association, as Trustee, and OneWest Bank N.A. The Julians also appeal from the order of dismissal entered after the court granted judgment on the pleadings for Brett Appel and Oliver Baker. The Julians contend that they should be afforded leave to amend the second amended complaint as to U.S. Bank and OneWest Bank and that, because their action is still viable, no basis exists for judgment on the pleadings for Appel and Baker. We disagree and thus affirm the orders of dismissal. FACTUAL AND PROCEDURAL BACKGROUND 1. The Second Amended Complaint On October 29, 2012, the Julians filed the operative second amended complaint against a variety of defendants alleging six causes of action relating to the nonjudicial foreclosure sale of real property they had owned in Los Angeles. Against U.S. Bank and OneWest Bank, the Julians alleged causes of action for (1) rescission of a residential loan transaction; (2) set aside of a notice of trustee’s sale and notice of default; (3) set aside of a trustee’s deed upon sale; (4) cancellation of recorded instruments; (5) quiet title; and (6) accounting. The quiet title cause of action also named Appel and Baker, who had taken title to the property after the sale. The Julians attached to the second amended complaint and incorporated by reference documents relating to their purchase of the property, the loan obtained on the property and the nonjudicial foreclosure sale. 2. The Demurrer and the Trial Court’s Ruling On November 16, 2012, U.S. Bank and OneWest Bank filed a demurrer to the second amended complaint, maintaining that the changes made to the first amended complaint did not alter the legal effect of the pleading and that the Julians had failed to state a cause of action against them. The trial court sustained the demurrer without leave to amend. According to the court, the Julians “have failed to allege any new facts or claims that would salvage the [second amended complaint] from demurrer and [they] assert the same previously rejected claims of misconduct on the part of the originating