Yenokian v. Deutsche Bank CA2/4

Filed 1/26/15 Yenokian v. Deutsche Bank CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

PIERRE YENOKIAN, B252814

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC517784) v.

DEUTSCHE BANK, N.A.,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles Country, Michael L. Stern, Judge. Affirmed. Law Offices of Louisa Moritz and Louisa Moritz, for Plaintiff and Appellant. Keesal, Young & Logan, David D. Piper and Tyson W. Kovash, for Defendant and Respondent.

______________________________

Plaintiff Pierre Yenokian appeals from a judgment of dismissal following an order sustaining defendant Deutsche Bank, N.A.’s demurrer without leave to amend the complaint. Plaintiff challenges only the trial court’s denial of leave to amend. We find no abuse of discretion and affirm the judgment.

FACTUAL AND PROCEDURAL SUMMARY In November 2004, plaintiff obtained a mortgage loan secured by his home from Washington Mutual Bank, F.A. (Washington Mutual) and executed a deed of trust with power of sale. The recorded deed of trust listed Washington Mutual as beneficiary and designated California Reconveyance Company as trustee. Subsequently, plaintiff defaulted on his payments. On May 29, 2008, a substitution of trustee was executed, designating Quality Loan Service Corporation (Quality) as the trustee. On May 30, 2008, Quality recorded a notice of default against plaintiff’s home. In July 2008, the substitution of trustee was recorded. In October 2010, Quality conducted a trustee’s sale and in December issued a trustee’s deed upon sale to defendant. In August 2013, plaintiff filed a complaint for declaratory relief and cancellation of instruments. Plaintiff claimed the foreclosure sale was invalid because, at the time Quality recorded the notice of default against the property, the substitution of trustee authorizing Quality to act as a trustee had not yet been recorded. Defendant filed a demurrer to the complaint, which was sustained without leave to amend. The trial court issued a judgment of dismissal. This timely appeal followed.