West v. Countrywide Home Loans CA2/1

Filed 10/23/14 West v. Countrywide Home Loans CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

RODERICK WEST, B246829

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. SC109807) v.

COUNTRYWIDE HOME LOANS, INC., et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County; Gerald Rosenberg Judge. Affirmed. Ronald A. Norman for Plaintiff and Appellant. Reed Smith, David S. Reidy, and Matthew J. Brady for Defendant and Respondent.

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Appellant Roderick West appeals from a judgment entered after the court sustained a demurrer without leave to amend and ruled his motion for new trial was denied by operation of law. The only issue on appeal is whether the court correctly determined it lacked jurisdiction to grant West’s new trial motion because it had not ruled within the statutory 60-day window. We agree with the trial court and thus affirm. PROCEDURAL SUMMARY Plaintiff West borrowed $3 million secured by mortgages on his Malibu house and then defaulted. West sued his lender and affiliated entities that we refer to collectively as Countrywide. Countrywide demurred. West filed a first amended complaint in January 2011 rather than oppose the demurrer. Countrywide again demurred and the trial court sustained this demurrer with leave to amend. West filed a second amended complaint in June 2011, and Countrywide again demurred. On July 12, 2011 the trial court orally sustained the demurrer without leave to amend because the statute of limitations barred West’s claims. On July 27, 2011, West filed a notice of intention to move for new trial and/or to modify and/or vacate the judgment. On July 29, 2011 the trial court signed a proposed order sustaining Countrywide’s demurrer without leave to amend but did not enter a judgment. On August 8, 2011 West filed a motion to move for new trial and/or to modify and/or vacate the judgment. Around September 2, 2011, West filed “Supplemental Points and Authorities (To Add a Newly Decided Appellate Case) in Support of Motion for New Trial and/or to Modify and/or Vacate the Judgment.” The trial court heard and granted West’s motion on December 15, 2011. The trial court then heard a further Countrywide demurrer on March 22, 2012, which the court sustained in part and overruled in part. On October 26, 2012, Countrywide moved for judgment on the pleadings or alternatively requested sua sponte reconsideration of the trial court’s decision on