Wilson v. City National Bank
Filed 3/28/06 Wilson v. City National Bank CA2/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION THREE
| HARRY J. WILSON, JR. et al., Plaintiffs and Appellants, v. CITY NATIONAL BANK et al., Defendants and Respondents. | B181518 (Los Angeles County Super. Ct. No. LC069237) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Leon S. Kaplan, Judge. Affirmed.
Harry J. Wilson and Nancy Wilson, in pro. per. for Plaintiffs and Appellants.
Edward D. Russell and Michael J. Gilligan for Chicago Title Company, Defendant and Respondent.
INTRODUCTION
The underlying complaint for fraud brought by plaintiffs Harry J. and Nancy Wilson was dismissed after the trial court sustained the demurrer of defendant Chicago Title Company and denied plaintiffs leave to amend. We conclude that the order was not an abuse of the trial court's discretion because plaintiffs have not presented any theory under which Chicago Title Company owed a duty to disclose to plaintiffs its rescission of a trustee's deed of sale. Accordingly, we affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
Plaintiffs executed a trust deed with an assignment of rents on October 28, 1988, in favor of City National Bank's predecessor. The trust deed was secured by real property then owned by plaintiffs that was located in Sunland, California. The trust deed was recorded on November 9, 1988 (Instr. No. 88-1801542).
Chicago Title Company, as trustee, recorded a trustee's deed upon sale in April 1998 (Instr. No. 98-607742) after a valid nonjudicial foreclosure of plaintiffs' right of redemption under the trust deed. However, because the foreclosure had taken place after plaintiffs had sought bankruptcy protection, the trustee's deed upon sale was void. Accordingly, on August 30, 2001, Chicago Title Company recorded a notice of rescission of the trustee's deed upon sale (Instr. No. 01-1625803).
The following day, August 31, 2001, City National Bank recorded an assignment of its interests under the trust deed to Norm Pomeranz. The assignment was dated August 28, 2001. Pomeranz foreclosed the right of redemption under the trust deed and purchased the property in early September 2001. He recorded his trustee's deed upon sale on September 13, 2001.[1]
Plaintiffs and their tenant, Curtis Simon, sued City National Bank. That lawsuit was resolved by summary judgment in favor of the bank on the ground, inter alia, that plaintiffs' fourth through sixth causes of action were moot because the bank â€
