Andongella v. Weber CA2/8

Filed 4/28/21 Andongella v. Weber CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

FLORENCE NICOLE B286631 ANDONGELLA, (Los Angeles County Plaintiff and Appellant, Super. Ct. No. LC105704)

v.

DANIEL A. WEBER,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County, Elizabeth Lippitt, Judge. Affirmed.

Florence Nicole Andongella, in pro. per., for Plaintiff and Appellant.

Daniel A. Weber, in pro. per., for Defendant and Respondent. __________________________

Plaintiff Florence Nicole Andongella appeals the judgment of dismissal of her complaint against defendant Daniel A. Weber, after the trial court sustained Mr. Weber’s demurrer without leave to amend. Finding Ms. Andongella has failed to follow the basic rules of appellate procedure, and that her claims of error fail on their merits, we affirm. FACTUAL AND PROCEDURAL BACKGROUND This is the second lawsuit between these parties concerning a Reseda home purchased while Mr. Weber and Ms. Andongella were in a dating relationship. In the first lawsuit, Mr. Weber sued to quiet title in the home (and for negligence and fraud), claiming the house was exclusively his, purchased with his money, and that Ms. Andongella had filed a forged quit claim deed to obtain an interest in the property. Ms. Andongella defended the action, arguing she supplied the funds to purchase the home, and that she had acquired a 50 percent interest in the home. Ms. Andongella filed a motion for leave to file a cross- complaint to quiet title in her favor but the court denied the motion, and she never filed or sought leave to file a cross- complaint for damages. Following a court trial, the court quieted title to the home in Mr. Weber’s favor, finding he obtained the loan and made the down payment with his own funds, and that Ms. Andongella had signed leases as a tenant for the property. The court found Ms. Andongella’s testimony was not credible, and any claim to the property by Ms. Andongella was barred by the doctrine of unclean hands, as she had forged the quitclaim deed. Judgment was entered in August 2016. Our division affirmed the judgment on appeal. (See Weber v. Andongella (Oct. 11, 2018, B278657) [nonpub. opn.].)