Read v. Deutsche Bank Nat. Trust CA2/6

Filed 6/25/13 Read v. Deutsche Bank Nat. Trust CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

MARINA READ, 2d Civil No. B242319 (Super. Ct. No. 1385990) Plaintiff and Appellant, (Santa Barbara County)

v.

DEUTSCHE BANK NATIONAL TRUST COMPANY, as Trustee, et al.,

Defendants and Respondents.

Marina Read appeals from judgment of dismissal after an order sustaining, without leave to amend, the demurrer of Deutsche Bank National Trust Company (Deutsche Bank)1 to her complaint for cancellation and rescission of a mortgage deed. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Read borrowed $827,750 from IndyMac Bank, FSB, secured by a deed of trust against her home. She defaulted on the loan, and the property was eventually sold in a trustee's sale to Deutsche Bank.

1 Deutsche Bank appears as Trustee of the IndyMac Indx Mortgage Trust 2006-AR4, Mortgage Pass-Through Certificates, Series 2006-AR4 under the Pooling and Servicing Agreement dated March 1, 2006, and OneWest Bank, FSB (OWB).

Unlawful Detainer Action In 2010, Deutsche Bank brought an unlawful detainer action against Read. (Deutsche Bank National Trust Company v. Marina Read (Super. Ct. Santa Barbara County, No. 1370083).) The trial court granted summary judgment in favor of Deutsche Bank. The judgment was affirmed on appeal. Read v. Deutsche Bank I While the unlawful detainer action was pending, Read filed a complaint against Deutsche Bank, OWB, and others for breach of contract, fraud, and common counts "arising out of the wrongful foreclosure" of her home. (Read v. Deutsche Bank National Trust Company (Super. Ct. Santa Barbara County, 2010, No. 1370227) (Read v. Deutsche Bank I).) She alleged that the foreclosure was based upon an improper trustee assignment, a fraudulent loan modification agreement, and false documents, among other things. The trial court sustained a demurrer to the second amended complaint in favor of Deutsche Bank, OWB, and others, without leave to amend. Read did not appeal from the judgment of dismissal following the order sustaining Deutsche Bank and OWB's demurrer. Read v. de Bellefeuille In March 2012, Read filed an action in federal court against Judge Denise deBellefeuille, Deutsche Bank, and others in which she alleged violation of the Racketeer Influenced and Corrupt Organizations Act (RICO), conspiracy to commit fraud, and other causes of action based on misconduct in the foreclosure proceedings, the unlawful detainer action, and in Read v. Deutsche Bank I. (Read v. deBellefeuille United States District Court for the Central District, Case No. CV12-02662-JHN (MRWx).) The federal court dismissed the action with prejudice. Read's appeal is pending. (United States Court of Appeal for the Ninth Circuit, Case No. 12-56223.)