Haywood v. RTED America CA2/5

Filed 10/25/22 Haywood v. RTED America CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

HARRIETT E. HAYWOOD, B310717

Plaintiff and Appellant, (Los Angeles County v. Super. Ct. No. YC072035)

RTED AMERICA, LLC,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Deirdre H. Hill Judge. Affirmed. Harriett E. Haywood, in pro. per. For Plaintiff and Appellant. Burke, Williams & Sorensen, Richard J. Reynolds and Keiko J. Kojima for Defendant and Respondent. ——————————

Plaintiff and appellant Harriett E. Haywood, in pro. per., appeals from an order denying her motion for equitable relief from a judgment entered in favor of defendant and respondent RTED America, LLC. On appeal, Haywood contends that she sufficiently alleged the judgment was obtained through fraud and the trial court abused its discretion in denying her motion. We conclude Haywood’s contentions are based on allegations of fraud in her underlying complaint, rather than allegations of fraud or mistake that prevented her from a fair adversary hearing, and therefore, no abuse of the trial court’s discretion has been shown. We affirm.

FACTS AND PROCEDURAL HISTORY

On May 5, 2017, Haywood, through counsel, filed a complaint against RTED and Special Default Services, Inc. (SDS). SDS brought a motion for summary judgment, which the trial court granted on November 6, 2018. On November 13, 2018, Haywood filed an amended complaint against RTED and SDS for promissory estoppel, negligence, unfair business practices, and misrepresentation arising out of loan modification discussions. The following month, the trial court granted a motion by Haywood’s counsel to be relieved as counsel. In January 2019, RTED and SDS filed a demurrer. Based on the previously granted motion for summary judgment, the trial court entered judgment in favor of SDS and against Haywood on May 20, 2019. A hearing was held on the demurrer on May 29, 2019. The trial court sustained the demurrer without leave to amend. The trial court noted that judgment had already