Steele v. Gibbs CA1/4

Filed 4/24/15 Steele v. Gibbs CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

SUSAN STEELE et al., Plaintiffs and Appellants, A136765 v. ROBERT GIBBS, (Contra Costa County Super. Ct. No. C11-02282) Defendant and Respondent.

SUSAN STEELE et al., Plaintiffs and Appellants, A138661 v. (Contra Costa County MARIN CAPITAL CORPORATION Super. Ct. No. C11-02282) et al., Defendants and Respondents; CHARLES G. KINNEY, Objector and Appellant.

SUSAN STEELE et al., Plaintiffs and Appellants, A139317 v. (Contra Costa County CARRIE SPINA et al., Super. Ct. No. C11-02282) Defendants and Respondents.

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I. INTRODUCTION AND BACKGROUND Pursuant to a 2002 settlement in a prior action, plaintiffs Susan and James Steele obtained contractual rights relating to certain real property in Alamo, including the right, under specified circumstances, to acquire the property or to receive a portion of the proceeds if the then-owners sold the property. In 2011, the property was sold in a nonjudicial foreclosure sale. Also in 2011, the Steeles filed the present action, alleging interference with their contractual rights by various parties, including: (1) Christopher (Chris) and Carrie Spina, owners of the property prior to the foreclosure; (2) Marin Capital Corporation (Marin), a lender that recorded a deed of trust against the property in 2002; (3) Alfred Spina, Chris Spina’s father, who also recorded a deed of trust against the property; (4) Dryden Capital, Inc. (Dryden), the loan servicer for the Marin loan; (5) Robert and Suzanne Hatch, successor beneficiaries of the Marin deed of trust, who purchased the property at the foreclosure sale; (6) Standard Trust Deed Service Company (Standard), the trustee that conducted the foreclosure sale; and (7) Robert Gibbs, a real estate agent who assisted Chris and Carrie Spina in attempting to sell the property in 2011, prior to the foreclosure. In part, the Steeles alleged Marin and others acted improperly by recording the 2002 Marin deed of trust ahead of a deed of trust the Steeles recorded in 2003. The trial court sustained, without leave to amend, Gibbs’s demurrer to the Steeles’ second amended complaint. The court later sustained, without leave to amend, the demurrers of Marin, Dryden, the Hatches, Alfred Spina, Carrie Spina, and Standard to the Steeles’ third amended complaint (TAC). The Steeles filed the instant three appeals, challenging the dismissal of their claims against (1) Gibbs (No. A136765), (2) Marin, Dryden, the Hatches and Alfred Spina (No. A138661), and (3) Carrie Spina and Standard (No. A139317).1 In addition, in the second appeal (No. A138661), the Steeles’ attorney, Charles Kinney, appeals a trial