Valladares v. Calliance Realty Fund CA2/2

Filed 9/5/14 Valladares v. Calliance Realty Fund CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

LETICIA VALLADARES, Individually B243876 and as Trustee, etc., (Los Angeles County Plaintiff and Appellant, Super. Ct. No. BC470177)

v.

CALLIANCE REALTY FUND LLC et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County. Deidre Hill, Judge. Affirmed.

William Beck for Plaintiff and Appellant.

Alpert, Barr & Grant, Gary L. Barr, Mark S. Blackman for Defendants and Respondents.

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The trial court sustained demurrers to a first amended complaint without leave to amend and entered judgment for the defendants. On appeal, plaintiff does not contend that the operative pleading has any merit. Instead, plaintiff seeks leave to file an entirely new pleading, with different facts and new theories of recovery. Although the possibility of amending a pleading is open on appeal, plaintiff failed to carry her burden of showing that an amendment would cure any defects. We affirm. FACTS The responding defendants in this appeal are Capital Alliance Advisors and its loan servicer Calliance Realty Funding. In November 2007, Capital Alliance loaned Leticia Valladares $760,000, secured by a deed of trust on real property (the Property). The promissory note requires repayment by December 1, 2010. Valladares soon defaulted on her monthly payments. She and Calliance entered a modification agreement in December 2008 (the Modification). The Modification recites arrearages of $78,033, dating from March 1, 2008, which were added to the principal balance for a total debt of $838,033. Calliance agreed to temporarily decrease the interest rate and lower Valladares’s payments. In return, Valladares agreed to give the lender title to a vehicle as additional collateral. In consideration for the Modification, Valladares agreed to pay a fee of $7,500. A notice of trustee’s sale was recorded, stemming from Valladares’s second default. The Property was sold at public auction in June 2011. Valladares sued on the theory that respondents lacked standing to foreclose on the deed of trust: they allegedly failed to perfect their security interest in the Property and “cannot establish possession and proper transfer and/or endorsement of the Promissory Note and proper assignment of the Deed of Trust.” Respondents demurred to the complaint. They challenged the foundation for Valladares’s claim that the foreclosing creditor lacked lawful ownership or a security interest in the Property, and asked the trial court to take judicial notice of recorded documents showing the validity of their ownership.