Cromwell v. Wells Fargo, N.A. CA1/4
Plaintiff Kimberly Cromwell defaulted on her home mortgage. In June 2008, Cromwell filed an action for declaratory relief, quiet title, and fraud against some of the parties involved in the foreclosure of her property. That case went to trial, the trial judge granted judgment in favor of defendants, and this Court affirmed.
In July 2014, four years and three days after her property was sold at a trustee’s sale, Cromwell filed this second action asserting multiple causes of action against many of the same parties. The trial court sustained respondents’ demurrers to her first amended complaint (FAC) without leave to amend and entered a judgment of dismissal. We affirm the judgment on two independent grounds: that Cromwell’s claims are barred in substantial part by res judicata, and in their entirety by the applicable statutes of limitations. Finally, the trial court did not abuse its discretion in denying Cromwell leave to amend.
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