Daire v. Selene Finance CA2/5

Filed 5/21/15 Daire v. Selene Finance CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

EDMOUND DAIRE, B255107

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC458702) v.

SELENE FINANCE, L.P., et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County. Mel Red Recana, Judge. Affirmed. Edmound Daire, in pro. per., for Plaintiff and Appellant. Rosenthal Withem Zeff & Nahmi, Michael D. Zeff and Michael L. Withem; Carlson Law Group, Mark C. Carlson, Stuart T. Miller for Defendants and Respondents.

Plaintiff Edmound Daire appeals the dismissal of his complaint against defendants Selene Finance, L.P. (“Selene”), Gadish Properties, Inc., and others following defendants’ successful demurrers to plaintiff’s third amended complaint. Finding no error, we affirm the judgment of dismissal.

FACTUAL AND PROCEDURAL BACKGROUND Plaintiff claimed a five percent ownership interest in the real property located at 5227 South Wilton Place in Los Angeles (the “property”). As reflected on a Notice of Grant Deed filed in the trial court, plaintiff’s interest in the property had been deeded to him as a gift by Desiree Gill on or about October 11, 2010.1 In May 2007, Gill executed a deed of trust in favor of EquiFirst Corporation as lender, Commerce Title Company as Trustee, and MERS as Beneficiary acting solely as a nominee for the lender and its successors and assigns. In October 2008, defendant Selene recorded a notice of default in the Los Angeles County Recorder’s Office. In February 2011, Selene recorded an assignment of deed of trust which had been signed by its vice president, Daniel Smith, ten months earlier, in April 2010. As plaintiff points out, the assignment of deed of trust was not signed, endorsed, or ratified by either the lender or the beneficiary under the deed of trust. From this fact plaintiff alleged: “Clearly, this document is a complete and total fake, fraud, phony forged document within any meaning of any law that describes fraud or forgery. One need only review the document and it clearly shows that Defendant Selene without authorization from the original lender (EquiFirst) and/or MERS, attempts to convey the Note and the DOT from Defendants EquiFirst and/or ‘MERS’ to [Selene].” Defendants demurred to the third amended complaint on multiple grounds, including the res judicata effect of a prior lawsuit filed in federal court by Desiree Gill which adjudicated identical claims adversely to Gill and thus, derivatively, adversely to