Turner v. Bank of America CA2/3

Filed 7/21/15 Turner v. Bank of America CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

EDDIE TURNER, B247883

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. GC049341) v.

BANK OF AMERICA CORPORATION et al.,

Defendants and Respondents.

APPEAL from an order and a judgment of the Superior Court of Los Angeles County, C. Edward Simpson, Judge. Affirmed.

Eddie Turner, in pro per., for Plaintiff and Appellant.

Bryan Cave , Brian J. Recor and Andrea N. Winternitz for Defendants and Respondents.

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INTRODUCTION Plaintiff and Appellant Eddie Turner appeals from the trial court’s order sustaining Defendants and Respondents’ demurrer without leave to amend and judgment dismissing Plaintiff’s case with prejudice. We affirm the court’s order and judgment in favor of Defendants and Respondents Bank of America Corporation, Bank of America N.A., Countrywide Home Loans, Inc., Landsafe Title of California, ReconTrust Company, N.A., and Jeffrey Gleason because Plaintiff’s claims were barred by the three-year statute of limitations for fraud. FACTS AND PROCEDURAL BACKGROUND In January 2005, Plaintiff borrowed $896,00 from Countrywide to purchase a residential property in Altadena, California by signing an adjustable rate promissory note and deed of trust. In August 2005, Plaintiff borrowed an additional $250,000 from Countrywide secured with another deed of trust to the Altadena property. In late March 2007, the property was refinanced, paying off the 2005 loans with two new loans from Countrywide, one for $1,000,000 and another for $218,000. Countrywide recorded deeds of trust for both loans in March 2007 and reconveyances of the 2005 deeds of trust. Following the creation of the 2007 loan, Plaintiff’s monthly payments increased by more than $800 (in comparison to the payments due under the 2005 loans as of March 2007), and Plaintiff thereafter began making the increased payments. In January 2008, Plaintiff defaulted. At this time, Bank of America had taken over servicing Plaintiff’s loans from Countrywide. After Plaintiff failed to make payments for five months, Bank of America and ReconTrust (the trustee) initiated non-judicial foreclosure proceedings and recorded a notice of default. The notice of default was sent to Plaintiff and specifically provided that Plaintiff had defaulted on the 2007 $1,000,000 loan. In August 2008, ReconTrust recorded a notice of trustee’s sale reiterating that Plaintiff was in default on the 2007 deed of trust. Shortly thereafter, Plaintiff filed for Bankruptcy, which was discharged in January 2011. Notably, Plaintiff identified the 2007 loans as undisputed debts in his May 2009 bankruptcy petition.