Gonzalez v. Aurora Loan Services CA4/3

Filed 12/24/15 Gonzalez v. Aurora Loan Services CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

EDGART F. GONZALEZ,

Plaintiff and Appellant, G049745

v. (Super. Ct. No. 30-2012-00586596)

AURORA LOAN SERVICES LLC, OPINION

Defendant and Respondent.

Appeal from a judgment of the Superior Court of Orange County, Robert D. Monarch, Judge. (Retired judge of the Orange Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Affirmed. Edgart F. Gonzalez, in pro. per., for Plaintiff and Appellant. Green & Hall, Howard D. Hall, Artin Betpera and Taylor R. Dalton for Defendant and Respondent. * * *

INTRODUCTION Edgart F. Gonzalez appeals from a judgment following a bench trial in favor of Aurora Loan Services LLC (Aurora), on Gonzalez’s claim against Aurora for wrongful foreclosure. The trial court found Gonzalez had failed to prove his claim against Aurora both because he failed to establish any prejudice caused by the alleged irregularities in the foreclosure, and because he failed to establish he had tendered the amount due or was willing and able to tender. On appeal, Gonzalez argues that Aurora did not have the authority to foreclose on his property, making the foreclosure sale void and relieving him of the obligation to establish prejudice or tender. The appellate record does not reflect that Gonzalez offered any evidence that the foreclosure sale was void; to the contrary, the record establishes the foreclosure was conducted properly. Therefore, Gonzalez was required to prove prejudice and tender in order to prevail. Having failed to do so, the trial court properly entered judgment in Aurora’s favor, and we affirm.