August 27, 2015
APPEAL from orders of the Superior Court of Los Angeles County, Barbara Scheper, Judge. Affirmed. Law Offices of Bruce J. Guttman and Bruce J. Guttman, for Plaintiff and Appellant. Wood, Smith, Henning & Berman, Raymond Babaian, Christopher D. Perez, Andrew J. Mallon and Fred R. Vasquez, for Defendant and Respondent Canterbury Lots 68, LLC. Bryan Cave, Christopher L. Dueringer and Nicole N. King, for Defendant and Respondent JPMorgan Chase Bank, N.A.
Plaintiff and appellant Martha Carr (Carr) appeals orders of dismissal in favor of defendants and respondents JPMorgan Chase Bank, N.A. (Chase) and Canterbury Lots 68, LLC (Canterbury) following the sustaining, without leave to amend, of their demurrers to Carr’s first amended complaint.
In this wrongful foreclosure action, the essential issue presented is whether Carr stated a cause of action against Chase or against Canterbury, which subsequently purchased the subject real property at a trustee’s sale. For the reasons discussed, Carr failed to state a cause of action against either defendant. Further, she has not shown she is capable of amending the pleading to state a cause of action. Therefore, the orders of dismissal are affirmed.
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Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager
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