Penney v. THR California LP CA2/3

Filed 6/30/15 Penney v. THR California LP CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

BEVER-LEIGH B. PENNEY, B253257

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. EC059970) v.

THR CALIFORNIA LP et al.

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County, John P. Doyle, Judge. Judgment affirmed.

Bever-leigh B. Penney, in pro. per., for Plaintiff and Appellant.

Kimball, Tirey & St. John, Abel Ortiz and Michaelene H. Kapson, for Defendants and Respondents.

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INTRODUCTION Plaintiff and Appellant Bever-leigh B. Penney appeals the trial court’s judgment dismissing her case based on its order sustaining without leave to amend the demurrer brought by Defendants and Respondents THR California LP and Riverstone Residential Group. Penney’s real property was sold to THR in a non-judicial foreclosure sale. Prior to the sale, Penney brought an action against the lender and trustee alleging fraud and wrongful foreclosure. The federal district court granted motions to dismiss and a motion for summary judgment in favor of the lender and trustee, disposing of Penney’s complaint. Penney then brought the present lawsuit against THR and Riverstone, alleging that by purchasing her home from the foreclosure sale they were liable for conversion, unfair competition, slander of title, claim and delivery, quiet title, cancellation of instruments, and conspiracy. We affirm the judgment dismissing Penney’s case because Penney fails to show on appeal how the complaint alleged sufficient facts to state a claim for each cause of action. FACTS AND PROCEDURAL BACKGROUND In 1998, Penney obtained a fixed-rate mortgage loan for $269,500 from DiTech Funding Corporation, secured by a deed of trust encumbering the property located at 9404 Wayside Drive, Shadow Hills, California 91040. Penney executed a promissory note agreeing to make fixed payments of $1,884.38 per month. DiTech then assigned the Deed of Trust to GE Capital Mortgage Services, who ultimately assigned it to Wells Fargo Bank in 2005. Beginning in July 2010, Penney failed to pay the fixed monthly payments. Wells Fargo commenced foreclosure proceedings in December 2010. Penney applied for a loan modification but was denied. In 2011, Penney filed a wrongful foreclosure lawsuit that was removed to federal court, which we discuss in detail below. While that federal action was pending and after multiple Notices of Trustee’s Sale, the property was ultimately sold on October 25, 2012 to THR.