Heraux v. JPMorgan Chase Bank CA4/3

Filed 10/31/14 Heraux v. JPMorgan Chase Bank CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

CLERVIL HERAUX,

Plaintiff and Appellant, G048737

v. (Super. Ct. No. 30-2011-00445053)

JPMORGAN CHASE BANK, N.A., et al., OPINION

Defendants and Respondents.

Appeal from judgments of the Superior Court of Orange County, Linda S. Marks, Judge. Affirmed. Clervil Heraux, in pro. per., for Plaintiff and Appellant. AlvaradoSmith, S. Christopher Yoo, and Mariel A. Gerlt for Defendant and Respondent JP Morgan Chase Bank, N.A. Law Offices of David K. Tran and David Khanhhung Tran for Defendant and Respondent Tien Vu. * * *

Defendant JPMorgan Chase Bank, N.A. (Chase) foreclosed on plaintiff Clervil Heraux’s residence after Heraux defaulted on his loan. The property was sold to Tien Vu at a trustee’s sale. Heraux subsequently brought suit against Chase, Vu, and the trustee on Heraux’s deed of trust, California Reconveyance Company (California Reconveyance). The first amended complaint purported to allege seven causes of action against Chase and California Reconveyance. Vu was named in two of the causes of action. The superior court sustained their demurrers to the first amended complaint without leave to amend. Heraux appealed.1 Heraux claims the court erred in sustaining the demurrers and in sustaining the demurrers without leave to amend. We affirm. I FACTS Heraux, acting in propria persona, filed a complaint against Chase, California Reconveyance Company, and Vu. The court sustained demurrers to the complaint and granted Heraux leave to amend. Heraux thereafter filed a first amended complaint. According to that complaint, Heraux gave Washington Mutual Bank, FA a deed of trust on his residence in Anaheim (the property) on September 28, 2005, to secure the repayment of a $455,000 loan. California Reconveyance was named as trustee. The complaint alleges Chase subsequently acquired Washington Mutual’s beneficial interest in the deed of trust. At the end of March 2009, California Reconveyance Company recorded a notice of default and intent to sell under the deed of trust, stating Heraux was $10,359.29 in arrears as of March 28, 2009. Heraux alleged he thereafter sought to modify the loan secured by the deed of trust. At the end of May 2009, Heraux received a call from someone at Chase about possibly arranging a loan modification. Heraux alleged his notes from his conversation