Russell v. Wells Fargo Bank CA2/3

Filed 11/25/15 Russell v. Wells Fargo Bank CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

KARAN J. RUSSELL, B255457

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC503749) v.

WELLS FARGO BANK N.A. et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County, Maureen Duffy-Lewis, Judge. Reversed.

Karan Russell, in pro. per., for Plaintiff and Appellant.

Keesal, Young & Logan, Elizabeth P. Beazley and Kendra S. Canape for Defendants and Respondents.

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INTRODUCTION Plaintiff Karan Russell appeals from a judgment entered after the trial court sustained the demurrer of Defendants Wells Fargo Bank, N.A. and JPMorgan Chase Bank, N.A. to her original complaint. Defendants concede that the trial court erred by sustaining the demurrer after Plaintiff filed an amended complaint that superseded her original pleading. We also conclude this was error and reverse. FACTS AND PROCEDURAL BACKGROUND On March 25, 2013, Plaintiff filed her original complaint against Defendants, asserting various causes of action related to the deed of trust encumbering her property, her loan modification review, and the foreclosure proceedings on her property. Defendants filed a demurrer to the original complaint on May 9, 2013, noticing a hearing date of September 17, 2013. On September 6, 2013, Plaintiff filed a first amended complaint. Despite Plaintiff’s filing of the amended pleading, neither Defendants nor the court took the demurrer hearing off calendar. On September 17, 2013, the trial court took Defendants’ demurrer under submission, and issued a minute order sustaining the demurrer without leave to amend. On October 3, 2013, Plaintiff filed a motion to vacate, in which she argued, among other things, that her filing of an amended complaint rendered the demurrer to the original complaint moot. On March 13, 2014, the trial court denied Plaintiff’s motion to vacate and entered a judgment of dismissal. Plaintiff filed a timely notice of appeal from the judgment.