Millman v. Countrywide Bank CA2/1

Filed 8/28/15 Millman v. Countrywide Bank CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

JEFFREY L. MILLMAN, B260102

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. LC100265) v.

COUNTRYWIDE BANK, N.A., et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County. Samantha P. Jessner, Judge. Affirmed. ______

Stephen R. Golden & Associates, Stephen R. Golden, and Elaine D. Etingoff for Plaintiff and Appellant. McGuireWoods, Leslie M. Werlin, and Seth Cox for Defendants and Respondents. ______

Plaintiff Jeffrey L. Millman sued defendants Countrywide Bank, N.A., Bank of America, N.A., U.S. Bank, N.A., and ReconTrust Company, N.A., for claims arising from the pending foreclosure sale of his home.1 Millman sought to enjoin the foreclosure sale and to quiet title to the property based upon allegations that defendants—the ostensible beneficiaries and trustee of the deed of trust—have no right to foreclose. Millman also alleged that defendants failed to comply with various provisions of the California Homeowner Bill of Rights (HBOR).2 The trial court sustained defendants’ demurrer to Millman’s second amended complaint without leave to amend. After judgment was entered, Millman appealed. We affirm. FACTUAL AND PROCEDURAL SUMMARY According to the allegations of the operative second amended complaint,3 Millman is the owner of certain residential real property in Agoura Hills. In 2006 he borrowed $1,760,000 from Countrywide Bank, N.A., evidenced by a promissory note secured by a deed of trust against the property. The beneficiary under the deed of trust

1 Millman named “WMALT SERIES 2007-OA1” as a defendant. According to defendants, “Washington Mutual Mortgage Pass-Through Certificates, WMALT Series 2007-OA1” is a trust and, therefore, not a proper party. In the respondents’ brief on appeal, “U.S. Bank, National Association” is identified as the trustee for “Washington Mutual Mortgage Pass-Through Certificates, WMALT Series 2007-OA1.” 2 In 2012, the Legislature enacted Senate Bill No. 900 (2011–2012 Reg. Sess.) and Assembly Bill No. 278 (2011–2012 Reg. Sess). (Stats. 2012, ch. 86; Stats. 2012, ch. 87.) Although the Legislature did not give the legislation a title, the Governor, courts, and commentators have referred to the legislation as the “California Homeowner Bill of Rights.” (See Monterossa v. Superior Court (2015) 237 Cal.App.4th 747, 749, fn. 1; Lueras v. BAC Home Loans Servicing, LP (2013) 221 Cal.App.4th 49, 86 & fn. 14.) The HBOR added or amended the following sections of the Civil Code: 2920.5, 2923.4-2923.7, 2924, 2924.9–2924.12, 2924.15, 2924.17–2924.20. All further statutory references are to the Civil Code. 3 Millman commenced this action in May 2013. After defendants demurred to the original complaint, Millman filed a first amended complaint. Defendants demurred to the first amended complaint. The court sustained the demurrer and granted Millman leave to amend. Millman filed his second amended complaint in February 2014.