Ivanoff v. Rushmore Loan Management Services CA2/4

Filed 7/27/23 Ivanoff v. Rushmore Loan Management Services CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FOUR

MARINA IVANOFF, B323241

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. 22STCV12119) v.

RUSHMORE LOAN MANAGEMENT SERVICES, LLC,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County, Barbara A. Meiers, Judge. Affirmed. Marina Ivanoff, pro. per., for Plaintiff and Appellant. Wright, Finlay & Zak, T. Robert Finlay and Todd E. Chvat for Defendants and Respondents.

INTRODUCTION

After entering into a loan modification agreement, a borrower sued a lender and its employee, alleging breach of contract, statutory violations, and related tort claims. The trial court sustained a demurrer to the complaint without leave to amend and dismissed the action with prejudice. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND Because this matter comes before us from a judgment of dismissal following the sustaining of a demurrer, our summary of facts is limited to those pled in the complaint and in the attached exhibits. (Barnett v. Fireman’s Fund Ins. Co. (2001) 90 Cal.App.4th 500, 504–505.) To the extent there was a conflict between the complaint and an exhibit, the facts contained in the exhibit supersede any inconsistent or contrary allegations in the complaint. (Id. at p. 505.) In November 2007, plaintiff and appellant Marina Ivanoff obtained a loan secured by a deed of trust on her Los Angeles home. At some point, Caliber Home Loans, Inc. started servicing Ivanoff’s loan. In May 2020, the servicing of her loan was transferred to defendant and respondent Rushmore Loan Management Services, LLC (Rushmore). As of May 29, 2021, Ivanoff’s home was appraised at $1,126,000. Around the same time, on July 8, 2021, her home was appraised at a lower valuation of $900,000. On July 26, 2021, Rushmore notified Ivanoff that her loan was significantly delinquent, but she was approved for a three-month trial plan to modify her existing loan. The plan required Ivanoff to make three monthly payments of $6,021.39 each, beginning September 1, 2021. If Ivanoff tendered all three trial payments, the loan would be permanently modified at