U.S. Bank Nat. Assn. v. Henderson CA1/1

Filed 5/18/15 U.S. Bank Nat. Assn. v. Henderson CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

U.S. BANK NATIONAL ASSOCIATION, as Trustee, etc., Plaintiff and Respondent, A141952

v. (Marin County DONAVON HENDERSON, Super. Ct. No. CIV 1204306) Defendant and Appellant.

Donavon Henderson, in propria persona, appeals the trial court’s entry of judgment in favor of U.S. Bank National Association (U.S. Bank).1 Judgment was entered after Henderson failed to file a responsive pleading and the court held a default hearing. Henderson argues judgment was inappropriate because U.S. Bank failed to properly serve him. Henderson also argues the trial court erred in denying his motion to vacate the judgment pursuant to Code of Civil Procedure2 section 473. We find Henderson’s appeal meritless and affirm. I. BACKGROUND U.S. Bank is the beneficiary of a deed of trust on a certain property in Novato. It filed an action to quiet title and cancel instruments in September 2012, after Henderson

1 Plaintiff is fully identified as U.S. Bank National Association, as Trustee for the Certificate Holders of Harborview Mortgage Loan Trust 2006-1, Mortgage Loan Pass- Through Certificates, Series 2006-1. 2 All statutory references are to the Code of Civil Procedure.

filed a number of documents, including a “Corporation Assignment of Deed of Trust” and a “Substitution of Trustee,” clouding title to the property. Soon after the case was filed, the court granted U.S. Bank’s ex parte application for a temporary restraining order prohibiting Henderson from recording any additional documents concerning the property, and it set the matter for a preliminary injunction hearing. Henderson appeared at a preliminary injunction hearing in May 2013. Around that time, Henderson removed the action to federal court, but it was subsequently remanded. According to the register of actions, a proof of service was filed as to Henderson on August 23, 2013. Henderson declined to include the proof of service in the record on appeal. On September 26, 2013, Henderson appeared at a case management conference. At the conference, counsel for U.S. Bank stated Henderson had not yet filed a responsive pleading, and U.S. Bank intended to move for default if he failed to file one by the following Tuesday. Henderson declined to do so, and U.S. Bank filed a request for default on October 16, 2013. On January 24, 2014, the trial court held a default hearing, which proceeded as a bench trial. Henderson appeared at the hearing and the court permitted him to present evidence and cross-examine witnesses, though it appears Henderson failed to take advantage of the opportunity. Henderson’s only defense at the hearing was apparently that he did not know about the default. The court was not persuaded and entered judgment in favor of U.S. Bank that day.3 In February 2014, Henderson moved to set aside the default pursuant to section 473, arguing it was the result of his inadvertence or mistake. In a declaration attached to the motion, Henderson conceded he attended the September 26, 2013 case