Wilson v. Pomeranz
Filed 5/10/06 Wilson v. Pomeranz CA2/3
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 et al., Plaintiffs and Appellants, v. NORM POMERANZ, Defendant and Respondent. | B182999 (Los Angeles County Super. Ct. No. LC069237) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Leon S. Kaplan, Judge. Affirmed.
Plaintiffs and Appellants in pro per.
Law Offices of Terry M. Magady, Terry M. Magady for Defendant and Respondent.
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INTRODUCTION
Plaintiffs and appellants Harry Wilson, Jr., and Nancy Wilson owned real property secured by a deed of trust. During the pendency of a bankruptcy Nancy Wilson filed, City National Bank foreclosed on the property and the property was sold. But because the sale improperly occurred during the pendency of the bankruptcy, City National Bank recorded a notice of rescission under California Civil Code section 1058.5 restoring title in the property to the Wilsons. City National Bank then assigned its beneficial interest in the deed of trust to defendant and respondent Norm Pomeranz, who then foreclosed on the property. In what is one of a number of suits between the parties, the Wilsons filed the complaint at issue for fraud against Pomeranz. They allege that Pomeranz, by failing to give them actual notice of the rescission, committed fraud. The trial court sustained Pomeranz's demurrer without leave to amend. Because we conclude that Pomeranz had no duty to give the Wilsons notice of the rescission, we affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
I. The history of the property.
The Wilsons owned real property on which they operated a restaurant, Villa Cinzano. In 1988, they[1] executed a deed of trust on the property in the amount of $370,000 in favor City National Bank's predecessor.[2]
On April 7, 1998, Nancy Wilson filed for bankruptcy.[3] Because the sale occurred while Nancy Wilson's bankruptcy was pending, the sale was void under section 362 of the United States Bankruptcy Code. (11 U.S.C. § 362.) A notice of rescission, dated August 28, 2001, was therefore recorded on August 30, 2001. The notice rescinded the trustee's deed upon sale recorded on April 14, 1998 and restored â€
