Duarte v. Del Toro Loan Servicing CA2/1

Filed 8/28/23 Duarte v. Del Toro Loan Servicing CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

EDITH DUARTE, B316756

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. 19STCV45169) v.

DEL TORO LOAN SERVICING, INC., et al.,

Defendants and Respondents.

APPEAL from a judgment of the Superior Court of Los Angeles County. Michael L. Stern, Judge. Affirmed. Edith Duarte, in propria persona, for Plaintiff and Appellant. Harris L. Cohen; Law Offices of Elkanah J. Burns, and Elkanah J. Burns for Defendants and Respondents. ___________________________________

Edith Duarte appeals from a judgment confirming an arbitration award in favor of Milestone Financial, LLC (Milestone) and Mortgage Lender Services, Inc. (collectively Respondents), contending the arbitrator exceeded his powers. Respondents contend that because Duarte failed either to move to vacate the award or to oppose their motion to confirm it, she may not challenge the award for the first time on appeal. We agree with Respondents, and therefore affirm. BACKGROUND Duarte borrowed money from Milestone, secured by a deed of trust. The loan agreement contained an arbitration agreement with provisions to hold any arbitration in Santa Clara, split costs equally, and award liquidated damages if either party filed a complaint in the superior court rather than a demand for arbitration. When Duarte failed to repay the funds, Mortgage Lender Services, the trust’s foreclosure trustee, moved to foreclose on the property held in trust. To stop the foreclosure, Duarte filed for chapter 13 bankruptcy protection on January 15, 2019, and transferred an interest in the property to Walter Duarte, who also filed for bankruptcy. Milestone obtained relief from the automatic stays in both bankruptcy proceedings. On December 17, 2019, Duarte sued Respondents to stop foreclosure, asserting causes of action for negligence, slander of credit, cancellation of instruments, violation of Civil Code sections 2923.5 and 1671, and violation of Business and Professions Code section 17200. Respondents moved to compel arbitration. The trial court severed certain causes of action, ordered that the remaining