Tirbelsky v. U.S. Bank National Assn. CA2/1

Filed 4/23/15 Tirbelsky v. U.S. Bank National Assn. CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

BOAZ TRIBELSKY, B257705

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC528864) v.

U.S. BANK NATIONAL ASSOCIATION,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County. Mitchell L. Beckloff, Judge. Affirmed. Bergman & Gutierrez, Penelope P. Bergman, Deborah P. Gutierrez, Amanda L. Gray for Plaintiff and Appellant. Severson & Werson, Jan T. Chilton, Jonah S. Van Zandt, Michael G. Cross for Defendant and Respondent. ___________________________________

In 2006, Boaz Tribelsky financed the purchase of his residence by executing a promissory note payable to Wells Fargo Bank, secured by a deed of trust on the property. In 2012, Wells Fargo assigned the deed of trust to U.S. Bank National Association, the trustee of a Delaware prime mortgage trust established for the purpose of pooling residential mortgage loans into a security. Tribelsky defaulted on his payments and, in September 2013, Wells Fargo designated NBS Default Services to initiate a nonjudicial foreclosure sale. On November 26, 2013, Tribelsky filed a lawsuit against U.S. Bank, seeking: (1) a declaratory judgment that U.S. Bank lacked standing to foreclose; (2) cancellation of the assignment of the deed of trust to U.S. Bank; (3) rescission of a notice of default recorded against the property; and (4) injunctive relief. The superior court sustained U.S. Bank’s demurrer without leave to amend on the grounds that Tribelsky lacked standing to challenge whether the foreclosing entity was authorized to foreclose. We affirm. BACKGROUND On August 3, 2006, Tribelsky executed a $563,000 promissory note in favor of Wells Fargo Bank to purchase a property located at 724 N. Genesee Avenue in Los Angeles. He secured the note with a deed of trust in favor of the bank. Wells Fargo recorded the deed of trust on August 10, 2006. The note provided that Tribelsky “irrevocably grants” Wells Fargo, or any subsequent purchaser of the note, the power to sell the property in the event of an uncured default. On March 19, 2012, Wells Fargo securitized the deed of trust by assigning it to U.S. Bank, the trustee of Prime Mortgage Trust, an investment trust formed by Structured Asset Mortgage Investments II Inc. on November 1, 2006. The terms of the pooling and servicing agreement (PSA) provided that Structured Asset would become the beneficiary of all deeds of trust conveyed into the trust on or before November 30, 2006, the trust’s closing date. The PSA also provided that its terms were to be construed in accordance with New York law.