Ellis v. The Bank of New York Mellon CA4/2
Plaintiff and appellant, Deborah Ellis, brings this lawsuit for wrongful foreclosure and related claims against the bank that foreclosed on her home. Ellis also sues the trustee who conducted the foreclosure sale under the deed of trust encumbering her home. The bank at issue is The Bank of New York Mellon (Bank of New York), and the trustee is The Wolf Firm, A Law Corporation (Wolf). The trial court sustained both defendants’ demurrers to the first amended complaint (FAC) without leave to amend, and it entered separate judgments in favor of each defendant.
We conclude the court properly sustained Bank of New York’s demurrer without leave to amend and affirm the judgment in its favor. As to Wolf, we conclude Ellis failed to perfect an appeal from the judgment in Wolf’s favor, but even if she had, the court properly sustained Wolf’s demurrer. We dismiss the appeal as to Wolf.
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