Moore v. PMC Bancorp CA1/1

Filed 11/4/14 Moore v. PMC Bancorp CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

HYOJA AKIKO MOORE, Plaintiff and Appellant, A139519 v. PMC BANCORP, (Contra Costa County Super. Ct. No. MSC11-01677) Defendant and Respondent.

Hyoja Akiko Moore appeals from a judgment dismissing PMC Bancorp (PMC) in a wrongful foreclosure suit following the sustaining of PMC’s demurrer to her complaint without leave to amend. We find the notice of appeal was not timely filed and dismiss the appeal. I. BACKGROUND A. Facts1 In January 2007, Moore borrowed $428,000 from PMC, securing the loan with a trust deed on property located on Canyon Drive in Pinole, California. Effective a short time after Moore’s loan closed, PMC transferred the servicing rights to another entity, and the loan and deed of trust were transferred to a securitized trust, with U.S. Bank, N.A. (U.S. Bank) as its trustee. The servicing rights were transferred to Aurora Loan Services, LLC (Aurora) effective May 1, 2007. Commonwealth Land Title Company was the original trustee under the trust deed and Mortgage Electronic Registration 1 The facts are drawn from the record in a related appeal. (Moore v. Aurora Loan Services, LLC (Mar. 28, 2014, A137220) [nonpub. opn.] (Moore I).)

Systems, Inc. (MERS) was named beneficiary as nominee for lender and lender’s successors and assigns. Moore defaulted on the loan a few years later. A notice of default was recorded. MERS assigned its interests under the trust deed to Aurora. Aurora then substituted Quality Loan Service Corporation (Quality Loan) for Commonwealth Land Title Company as trustee. Quality Loan recorded a notice of trustee’s sale. The property was sold at the trustee’s sale to Aurora on November 10, 2011, and a trustee’s deed upon sale was duly recorded. Moore was evicted on or about June 21, 2012. B. Trial Court Proceedings Moore filed her original complaint in July 2011, before the trustee’s sale. She followed it shortly thereafter with an amended complaint. Following the trustee’s sale, Moore sought leave to file a second amended complaint (SAC), which was granted. The SAC asserted six causes of action and named PMC, Aurora, Quality Loan, and U.S. Bank, among others, as defendants. The SAC asserted causes of action against PMC for (1) misrepresentation, (2) breach of contract, (3) wrongful foreclosure, (4) unjust enrichment, and (5) quiet title. Defendants Aurora, U.S. Bank, and Quality Loan all successfully demurred to the SAC, and were dismissed from the action with prejudice by February 2013. We reviewed the trial court’s rulings on these demurrers and affirmed the ensuing judgments of dismissal in Moore I, supra, A137220. PMC filed a demurrer to the SAC on March 7, 2013. PMC’s demurrer was heard and sustained without leave to amend on April 24, 2013. The order sustaining the demurrer was filed on June 6, 2013, and a judgment of dismissal was entered on June 10, 2013. PMC served Moore by mail with notice of entry of the judgment on the same day, June 10, 2013, accompanied by the proof of service. On July 9, 2013, Moore filed a notice of motion and motion for the trial court to “reconsider its ruling of May __, 2013 granting a Demurrer and dismissing her Complaint