Parker v. Los Angeles County Registrar-Recorder/County Clerk CA2/4

Filed 3/27/15 Parker v. Los Angeles County Registrar-Recorder/County Clerk CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

ERWIN L. PARKER et al., B256984

Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. VC063752) v.

LOS ANGELES COUNTY REGISTRAR-RECORDER/COUNTY CLERK et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court for Los Angeles County, Margaret M. Bernal, Judge. Affirmed. Erwin L. Parker and Deborah Brown Parker, in pro. per., for Plaintiffs and Appellants. Anglin Flewilling Rasmussen Campbell & Trytten and Robert A. Bailey for Defendant and Respondent Wells Fargo Bank, N.A. Mark J. Saladino, County Counsel, and Laura T. Jacobson, Associate County Counsel, for Defendants and Respondents Los Angeles County Registrar- Recorder/County Clerk and Los Angeles County Sheriff’s Department.

Plaintiffs Edwin L. Parker and Debora Brown Parker (the Parkers) filed a taxpayer’s lawsuit against defendants Los Angeles County Registrar- Recorder/County Clerk (Recorder), Los Angeles County Sheriff’s Department1 (Sheriff), Wells Fargo Home Mortgage, Inc., aka Wells Fargo Bank, N.A. (Wells Fargo), and Cal-Western Reconveyance, LLC (Cal-Western), essentially seeking to stop a nonjudicial foreclosure on their property by enjoining Recorder from recording or maintaining various documents related to their mortgage and the foreclosure, and by enjoining Sheriff from executing a writ of possession issued after a trustee’s sale, on the ground that the documents were fraudulent. The trial court sustained without leave to amend demurrers filed by Recorder, Sheriff, and Wells Fargo, and dismissed the lawsuit. We affirm.

BACKGROUND The Parkers’ first amended complaint2 alleges that Recorder allowed the filing and recording of the following documents, which the Parkers allege are fraudulent: 1. Deed of Trust, filed and recorded on February 27, 2004, which lists Mortgage Electronic Registration Systems, Inc. (MERS) as a nominee and beneficiary for the lender and the lender’s successors and assigns. The Parkers allege the document is fraudulent because MERS “did not come into existence in California until July 21, 2010.” 2. Substitution of Trustee and Full Reconveyance filed and recorded on February 15, 2006, which lists MERS as a current beneficiary under the Deed of