Runyon v. Comerica Bank CA2/1

Filed 2/2/16 Runyon v. Comerica Bank CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

DONNA M. RUNYON, B265885

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. VC064321) v.

COMERICA BANK et al.,

Defendants and Respondents.

APPEAL from an order of the Superior Court of Los Angeles County, Roger T. Ito, Judge. Affirmed. Richard G. Elie for Plaintiff and Appellant. Law Offices of Hemar & Associates and Melody G. Anderson for Defendant and Respondent Comerica Bank. Freeman, Freeman & Smiley, John P. Godsil and Tracy R. Mattie-Daub for Defendant and Respondent Ocean Ridge Equities, LLC. _____________________

Donna M. Runyon appeals from the dismissal of her first amended complaint after the trial court sustained demurrers without leave to amend. We affirm. Comerica Bank (Comerica) obtained a money judgment in Orange County against Donna’s then spouse Gordon Runyon1 for $429,410.81 on July 20, 2010. Comerica recorded an abstract of judgment in Los Angeles County on August 3, 2011. On July 25, 2013, Comerica obtained a writ of execution directed to the levying officer of Los Angeles County. On September 6, 2013, Comerica recorded a notice of levy and writ of execution on property at 11049 Corley Drive in Whittier. On March 18, 2014, Comerica sought and obtained an order for sale of the property. Donna filed a complaint on May 27, 2014 in Orange County Superior Court to enjoin the sale, and the court denied the injunction. Gordon filed for divorce on August 5, 2013, and on the same date he recorded an interspousal grant deed of all his interest in the Corley Drive property to Donna. The next day Gordon filed for bankruptcy, but his petition was dismissed. A judgment of divorce was filed on September 25, 2013, indicating that marital status would end on February 6, 2014. The marital settlement agreement stated that the couple separated on June 22, 2013, and provided that Donna would receive, among other property, the Corley Drive property. Donna immediately filed for bankruptcy on September 29, 2013, but her petition was dismissed as a bad faith filing on December 31, 2013. On July 9, 2014, the Los Angeles County Sheriff sold the Corley Drive property to Comerica, who recorded the sheriff’s deed of sale of real property on July 18, 2014. Comerica sold the Corley Drive property to Ocean Ridge Equities (Ocean Ridge) on August 1, 2014 and recorded the grant deed on August 8, 2014. Donna filed a complaint to set aside the sheriff’s sale and to quiet title on October 3, 2014. Her first amended complaint alleged she did not have notice that Comerica intended to sell the Corley Drive property, “[t]he execution sale of Plaintiff’s property proceeded without any minimum bid requirement, and it was not advertised