Pinson v. Blue Mountain Homes CA2/1

Filed 2/29/16 Pinson v. Blue Mountain Homes CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

YVETTE PINSON, B260751

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC518148) v.

BLUE MOUNTAIN HOMES, LLC, et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County. Malcolm H. Mackey, Judge. Affirmed. Yvette Pinson, in pro. per., for Plaintiff and Appellant. Law Office of Mike Hogan and Mike Hogan for Defendant and Respondent Blue Mountain Homes, LLC. Bryan Cave, Richard C. Ochoa, and Richard P. Steelman, Jr., for Defendants and Respondents Countrywide Home Loans, Inc., CTC Real Estate Service, and Mortgage Electronic Registration Systems, Inc. __________

Appellant Yvonne Pinson defaulted on a home loan, and respondent Blue Mountain Homes, LLC (BMH) acquired the property through a conveyance pursuant to a foreclosure sale. Pinson filed this action attacking the validity of the foreclosure sale. Several months thereafter, BMH initiated an unlawful detainer action against Pinson. The two actions proceeded simultaneously. Following a trial on the merits in the unlawful detainer case, a judgment was entered in favor of BMH. Pinson appealed that judgment, alleging, among other things, that the trial court erred because the chain of title pertaining to the property was defective. The appellate division of the superior court rejected her arguments and affirmed the trial court. Meanwhile, the trial court in the instant case sustained respondents’ demurrer to Pinson’s first amended complaint without leave to amend. Pinson filed a post-judgment motion for relief from that dismissal pursuant to Code of Civil Procedure section 473, subdivision (b),1 which the trial court denied. Pinson subsequently filed this timely appeal. Because we determine that the unlawful detainer judgment conclusively established BMH’s title and lawful possession, Pinson’s claims are barred by collateral estoppel, and any amendment would be futile. We therefore affirm the trial court’s ruling sustaining the demurrer without leave to amend and the trial court’s denial of Pinson’s motion to amend pursuant to section 473, subdivision (b). FACTS AND PROCEDURAL HISTORY On April 12, 2006, Yvette Pinson executed a deed of trust securing a promissory note in the amount of $360,000 in order to purchase the property located at 1307 West 111th Street, Los Angeles, California 90044 (Property). Less than two years later, Pinson defaulted on her loan, and on April 16, 2008, the trustee recorded a notice of default and election to sell, indicating that Pinson was $12,778.82 in arrears. On September 29, 2011, at the trustee’s public sale, the foreclosing lender, Bank of New York Mellon (BONYM) purchased the property for $195,750. The amount of unpaid