E & E Mortgage Bankers Corp. v. Topuzoglu CA2/4

Filed 1/23/15 E & E Mortgage Bankers Corp. v. Topuzoglu CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

E & E MORTGAGE BANKERS B251851 CORPORATION, (Los Angeles County Super. Ct. No. SC106851) Plaintiff and Respondent,

v.

ANNA TOPUZOGLU,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Richard A. Stone, Judge. Affirmed. Anna Topuzoglu, in pro. per., for Defendant and Appellant. Kaplan, Kenegos & Kadin, Jerry Kaplan and David Scott Kadin, for Plaintiff and Respondent.

Defendant and appellant Anna Topuzoglu appeals the entry of judgment against her. We affirm. BACKGROUND The record in this case consists solely of a six-page summary docket report from the trial court. Our understanding and discussion of the proceedings below are limited accordingly. Plaintiff and respondent E & E Mortgage Bankers Corp. (E & E) filed a breach of contract complaint against Topuzoglu and three other non-appealing defendants on February 18, 2010. Topuzoglu appeared in pro. per. and timely filed a demurrer. After her demurrer was overruled on June 9, 2010, Topuzoglu answered the complaint on June 21, 2010. The case went to mediation in November 2010, and proceeded to a mandatory settlement conference in February 2011. Its progress stalled in March 2011 when Topuzoglu filed for bankruptcy; the automatic stay (11 U.S.C. § 362) remained in place until September 2011, when the bankruptcy proceeding was dismissed. The superior court held a status conference “RE: Proof of Dismissal of[]Bankruptcy” at “08:32 a.m.” on October 19, 2011. The parties made a second unsuccessful attempt at mediation in February 2012, and the court held a final status conference on August 10, 2012. The proceedings were stayed again around that same time due to another defendant‟s bankruptcy filing. After the second bankruptcy stay was lifted, the court held a trial setting conference “(And Status Conference Re:Settlement)” on March 12, 2013. Topuzoglu failed to appear at that conference. The court issued an order to show cause for failure to appear “(RE: SANCTION OR STRIKING ANSWER[]FOR DEFENDANT ANNA TOPUZOGLU‟S[]FAILURE TO APPEAR ON 3-12-13[]. TRIAL SETTING CONFERENCE.)” The order to show cause was discharged on March 21, 2013.