Ochsner v. Deutsche Bank CA3
Plaintiff David A. Ochsner appeals from the trial court’s entry of judgment after it granted defendant Deutsche Bank National Trust Company’s (Deutsche Bank) motion for summary judgment on Ochsner’s complaint challenging the nonjudicial foreclosure sale of his residence. Ochsner argues a declaration submitted in support of Deutsche Bank’s motion did not lay a proper foundation to show that documents establishing the chain of title qualified for the business records exception to the hearsay rule. We conclude the trial court did not abuse its discretion in overruling Ochsner’s evidentiary objections because the relevant documents were subject to judicial notice and not hearsay as to their operative facts. Ochsner also raises various arguments to support his wrongful foreclosure claim that have been rejected by courts of appeal, including our own, but he fails to acknowledge the authorities adverse to his position. We affirm.
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