Wijeyewardene v. CitiMortgage CA2/1

Filed 10/29/14 Wijeyewardene v. CitiMortgage CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

LLOYD WIJEYEWARDENE, B249147

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC472522) v.

CITIMORTGAGE, INC., a New York Corporation, et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County. Mary H. Strobel, Judge. Affirmed. Law Office of Robert S. Altagen and Robert S. Altagen for Plaintiff and Appellant. Wolfe & Wyman, Stuart B. Wolfe, and Samantha N. Lamm for Defendants and Respondents.

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Plaintiff Lloyd Wijeyewardene appeals from the summary judgment entered in favor of defendants CitiMortgage, Inc. and Bank of America, N.A. on his complaint for promissory estoppel and quiet title. We affirm. In October 2006, plaintiff refinanced his home, obtaining a new loan in the principal amount of $881,000. The loan was secured by a deed of trust against plaintiff’s home. In June 2009, plaintiff and CitiMortgage “entered into a loan modification agreement, which capitalized the arrearages and extended the terms of the loan.” Plaintiff nonetheless defaulted on his home loan in March 2010, and the trustee recorded a notice of default on August 16, 2010. On November 17, 2010, the trustee recorded a notice of trustee’s sale and set the sale for December 8, 2010. On August 11, 2011, Amanda Gittemeier of CitiMortgage entered into an agreement with plaintiff to postpone the foreclosure sale, which was scheduled to take place on August 15, 2011. According to defendants, Gittemeier agreed to postpone the sale for 60 days if plaintiff made a good faith payment of $2,010. According to plaintiff, Gittemeier agreed that if plaintiff applied for a loan modification and made a good faith payment of $2,010, then the sale would be postponed as long as the loan modification application was pending. Plaintiff made the $2,010 payment on August 11, 2011. On October 10 and October 12, 2011, CitiMortgage determined that plaintiff 1 did not have sufficient income to qualify for a loan modification. On October 11, 13, 2 and 14, 2011, CitiMortgage sent plaintiff letters denying his request for a modification. 3 On October 18, 2011, the trustee foreclosed. On October 21, 2011, the trustee recorded the trustee’s deed upon sale.