Sommer v. Hawkes
Sommer v. Hawkes
11:19:2010
11:19:2010
| Description | Ervin Sommer filed this action against Linda Hawkes, as trustee of the Julia Hawkes Family Trust (the Trust), Mark L. Pierce, and Jane L. Pierce (collectively the Pierces).[1] In his single cause of action complaint, Sommer sought to foreclose on a deed of trust recorded in August 1997 on certain real property in Escondido that the Trust sold to the Pierces in October 2005. The defendants filed a motion for judgment on the pleadings on the ground that res judicata barred this action. The defendants argued that a trial court had determined in another action that the August 2007 deed of trust was invalid. (In the Matter of the Julia Jeppesen Hawkes Family Trust (Super. Ct. San Diego County, 2005, No. PN22173) (sometimes referred to as "case No. PN22173").) The trial court granted the defendants' motion for judgment on the pleadings without leave to amend, and entered a judgment of dismissal. On appeal, Sommer contends that the action in case No. PN22173 was an "unrelated case" and that he was not a defendant in that matter. Sommer also claims that the judgment must be reversed for several other reasons, including that the trial court was "prejudiced and biased," and that the trial court improperly permitted Linda Hawkes's attorney "to intrude in [the] court proceeding[s]." We affirm the judgment. II. |
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