Obiekea v. Kim CA2/2

Filed 11/7/14 Obiekea v. Kim CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

IFEANYI C. OBIEKEA, B250723

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC412904) v.

YOUNG CHUL KIM,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County. Malcolm Mackey, Judge. Affirmed.

Ifeanyi C. Obiekea, in pro. per., for Plaintiff and Appellant.

No appearance for Defendant and Respondent.

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Ifeanyi Obiekea brought a wrongful foreclosure action against several defendants. The trial court struck the complaint as to defendant Asset Foreclosure Services (AFS). Plaintiff did not timely appeal that order. Next, the trial court conducted a prove-up hearing as to defaulting defendant Young Chul Kim: it found that plaintiff failed to prove his case and entered judgment for Kim. We affirm the judgment. ALLEGATIONS1 Plaintiff Obiekea owned real property in Los Angeles, which he purchased in 2000 for $265,000. He assumed an existing note secured by a first trust deed on the property. In March 2008, the note was sold to defendant Young Chul Kim. At the time, plaintiff was admittedly in default on his mortgage payments. Plaintiff claims to have cured the default in June 2008, by paying Kim $33,252.19. In August 2008, Kim paid delinquent property taxes due on the property, without notifying plaintiff or making a demand for payment of the taxes, or for monthly payments on the note, or for any other payments that may have been due. In September 2008, AFS, as the trustee on the deed of trust, recorded a notice of default and election to sell, which was sent to plaintiff by certified mail. On December 22, 2008, AFS recorded a notice of trustee’s sale. Plaintiff alleges that he was not sent a copy of the notice. The property was sold at a foreclosure sale on March 23, 2009, for $305,000. PROCEDURAL HISTORY Plaintiff filed suit against those involved in the foreclosure, including Kim and AFS, asserting claims for wrongful foreclosure; to set aside the trustee’s sale; to quiet title; and for declaratory relief. A default was taken against Kim in 2011, when he failed to answer the second amended complaint. AFS moved to strike the complaint, claiming that it is exempt from suit under an unobjected-to 2009 declaration of nonmonetary status. Over plaintiff’s opposition, the trial court struck the pleading as to AFS on March 13, 2012; AFS promptly served notice