Vargo v. Financial Freedom Acquisition, LLC CA4/3

Filed 1/23/15 Vargo v. Financial Freedom Acquisition, LLC 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

REBECCA VARGO, Individually and as Trustee, etc., G049006 Plaintiff and Appellant, (Super. Ct. No. 30-2012-00605694) v. OPINION FINANCIAL FREEDOM ACQUISITION, LLC et al.,

Defendants and Respondents.

Appeal from judgments of the Superior Court of Orange County, Craig L. Griffin, Judge. Affirmed. Rebecca Vargo, in pro. per., for Plaintiff and Appellant. Dykema Gosset, J. Kevin Snyder and Ashley R. Fickel for Defendant and Respondent Financial Freedom Acquisition. Reback, McAndrews, Kjar, Warford, Stockalper, Moore, James J. Kjar and Albert E. Cressey III, for Defendant and Respondent Eric Becker.

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Plaintiff Rebecca Vargo, Trustee of the Pauline L. Lasswell Trust, individually and on behalf of the Pauline L. Lasswell Trust, appeals from the judgments entered after the trial court sustained without leave to amend the separate demurrers of defendants Eric Becker and Financial Freedom Acquisition, LLC (FFA) to her second amended complaint. She contends the court erred because it looked beyond the four corners of the complaint and the defects therein were capable of being cured by amendment. No error has been shown and we affirm the judgments.

FACTS AND PROCEDURAL BACKGROUND

According to the second amended complaint, Pauline L. Lasswell, plaintiff’s mother, obtained a reverse mortgage loan (loan) from FFA in 2008, secured by her residence (property). At the time of the loan, Lasswell held title to the residence in her capacity as “Trustee of the Pauline S. Lasswell Trust” (trust). Plaintiff and Lasswell were co-trustees of the trust. The following year, the probate court appointed Charles Kimery and Lee Ann Hitchman as temporary conservators over Lasswell and her estate. The court later appointed Hitchman as Lasswell’s private conservator. Becker is Hitchman’s attorney. Subsequently, Lasswell’s health began failing and Hitchman moved her into an assisted living facility. In February 2010, Hitchman, on Lasswell’s behalf, requested to draw over $87,000 from FFA for Lasswell’s care and medical treatment, which FFA paid out. Lasswell died the next year, causing the loan to mature. When the loan was not repaid by Lasswell’s estate, FFA foreclosed on the property. Plaintiff sued FFA and Becker, along with Hitchman and Kimery (who are not parties to this appeal). The second amended complaint alleged causes of action for