Lim v. CitiMortgage CA1/5

Filed 4/26/23 Lim v. CitiMortgage CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

KEK HOEI LIM, A165161 Plaintiff and Appellant, v. (San Francisco County Super. Ct. No. CGC-21-591266) CITIMORTGAGE, Inc., et al., Defendants and Respondents.

Kek Hoei Lim (Plaintiff) appeals from the trial court’s judgment in favor of defendants CitiMortgage, Inc. (Citi) and Select Portfolio Servicing, Inc. (SPS) (collectively, Defendants). We affirm. BACKGROUND Plaintiff filed the underlying quiet title action in April 2021.1 Defendants’ demurrers were both sustained and Plaintiff was given leave to amend “to allege one or more non-time barred legally viable causes of action.” Plaintiff timely filed a first amended complaint. Defendants again filed demurrers, with the hearing on both set for October 7, 2021. On September

Plaintiff proceeded in propria persona in the trial court, as he does on 1

appeal. A third defendant is not a party to this appeal.

1

23, 2021, Plaintiff filed a request for a 30-day extension of the hearing on SPS’s demurrer, submitting a declaration stating that he was suffering from Covid complications rendering him unable to address the demurrer. The trial court did not issue an order on this request, but the hearing proceeded on October 7 and the court sustained the demurrers, noting no opposition had been filed to either. The court granted Plaintiff leave to amend within 30 days of notice of entry of the orders. Notice was served on October 19 (Citi) and 22 (SPS). On November 17, 2021, Plaintiff requested an extension of time to file his second amended complaint, averring that he continued to suffer from Covid complications, had an extreme reaction to the Covid vaccine, and was currently in Mexico receiving treatment. The request did not specify how much time Plaintiff sought. The trial court did not issue an order on this request. On January 4, 2022, Citi filed an ex parte application for dismissal on the ground that Plaintiff failed to timely file a second amended complaint. Plaintiff filed an opposition that included a request for an extension of time to file a second amended complaint, averring he was still suffering from Covid complications, had an extreme reaction to the Covid vaccine, was currently in Mexico seeking treatment, lost his mother to Covid while out of the country, and was handling his mother’s funeral arrangements and affairs. Plaintiff did not specify how much time he sought. On January 6, the trial court dismissed Plaintiff’s complaint with prejudice as to Citi and issued judgment for Citi. On February 10, 2022, SPS filed an ex parte application for dismissal. Plaintiff filed an opposition and requested 45 days to submit a second amended complaint, averring he was in Mexico handling issues related to the