Evans v. Federal National Mortgage Ass'n CA1/3

Filed 12/29/15 Evans v. Federal National Mortgage Ass’n CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

LEONARD R. EVANS, Plaintiff and Appellant, A143512 v. FEDERAL NATIONAL MORTGAGE (Contra Costa County ASSOCIATION, Super. Ct. No. MSC1302598) Defendant and Respondent.

Plaintiff Leonard R. Evans, appearing in propria persona, appeals from a December 8, 2014, judgment of dismissal entered after an order sustaining, without leave to amend, a demurrer to the first amended complaint.1 In his opening brief Evans raises a number of issues, apparently arguing that each one warrants reversal of the superior court’s ruling. We affirm on the ground that Evans has forfeited his right to appellate review by his failure to submit an opening brief containing relevant citations to the record and a cogent argument requiring reversal of the superior court’s ruling.2

1 We deem plaintiff’s November 5, 2014, notice of appeal from “judgment of dismissal after an order sustaining a demurrer” to be a premature notice of appeal from the judgment of dismissal filed on December 8, 2014. (Cal. Rules of Court, rule 8.104(d), (e).) 2 In light of our determination, we deny Federal National Mortgage Association’s motion to take judicial notice of certain documents (order of dismissal and docket in Evans v. Wells Fargo Bank, N.A., N.D. Cal. Case No. 13-02371) as moot.

1

FACTUAL AND PROCEDURAL BACKGROUND In light of our resolution of this appeal, the following is a brief recital of the history of this matter. On December 6, 2013, Leonard R. Evans, in propria persona, filed a complaint against Federal National Mortgage Association (Fannie Mae), by which he purportedly sought damages and other relief related to a reverse mortgage loan that had been secured by a residence owned by his mother Helen L. Evans, who is now deceased. In lieu of an answer to the complaint, Fannie Mae filed a general demurrer, which was opposed by Evans. The superior court sustained the demurrer to the entire complaint with leave to amend on the ground that Evans had “failed to intelligibly allege any of the causes of action identified in the caption or headings of the complaint.” In an apparent attempt to assist Evans, given his in propria persona status, the court explained, among other things, that plaintiff had failed to sufficiently allege facts showing that he had standing to pursue all of the causes of actions in his complaint. On May 12, 2014, Evans filed a first amended complaint (FAC) in response to the superior court’s order. In lieu of an answer, Fannie Mae filed a general demurrer to the FAC, and a related request for judicial notice of certain loan documents, which was opposed by Evans. The superior court sustained the demurrer to the entire FAC, without leave to amend, on the grounds, among other things, that Evans still failed to intelligibly allege facts demonstrating his standing to pursue the causes of actions in the FAC, despite the fact that the court had previously identified standing as a “fundamental” problem. The court also denied Evans’s request for leave to amend on the grounds that he already had one opportunity to amend and failed to suggest in his opposition memorandum how the fundamental defects in the FAC might be cured through further amendment. The court did not explicitly rule on Fannie Mae’s request for judicial notice. Evans’s timely appeal ensued. DISCUSSION “On appeal from a judgment of dismissal after an order sustaining a demurrer without leave to amend, we examine the complaint de novo to determine whether it alleges facts sufficient to state a cause of action under any legal theory. (McCall v.