Megha v. Ing Bank FSB CA2/2

Filed 8/26/20 Megha v. Ing Bank FSB CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FALGUNI MEGHA, B300259

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. BC721890) v.

ING BANK FSB,

Defendant;

CSMC 2018-SP3 TRUST,

Intervenor and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County. Susan Bryant-Deason, Judge. Affirmed.

Falguni Megha, in pro. per., for Plaintiff and Appellant.

Kutak Rock and Steven M. Dailey for Intervenor and Respondent.

Plaintiff and appellant Falguni Megha (Megha) appeals from the judgment entered in favor of intervenor and respondent CSMC 2018-SP3 Trust (CSMC) after the trial court granted, without leave to amend, CSMC’s motion for judgment on the pleadings in this action involving title to certain real property in Diamond Bar, California. We affirm the judgment. BACKGROUND The property at issue is located on Looking Glass Drive in Diamond Bar, California (the property). A grant deed recorded on May 14, 2004, transferred title to the property from Megha, in her individual capacity, to Falguni Megha, Trustee of the Megha Family Revocable Trust (the Megha Trust). On July 8, 2013, the Megha Trust transferred title to the property to Falguni Megha, as trustee of the Koya Singh Revocable Family Trust (the Singh Trust). Before transferring the property to the Singh Trust, the Megha Trust obtained a $323,000 loan (the loan) from ING Bank FSB (ING Bank) secured by a deed of trust on the property recorded on June 30, 2006 (deed of trust). ING Bank was the original beneficiary under the deed of trust and Land America Commonwealth was the trustee. The deed of trust allows the loan and the deed of trust to “be sold one or more times without prior notice to Borrower.” In a letter dated June 7, 2018, Megha received notice that the loan had been transferred to CSMC. Megha, in her individual capacity, filed a verified complaint against ING Bank on September 13, 2018, seeking cancellation of the deed of trust and a declaration that the deed of trust was void, although no foreclosure proceeding had been commenced to enforce the deed of trust. Megha argued that ING Bank violated Corporation Code section 2105 by transacting business