Wang v. World Savings Bank
Filed 3/27/06 Wang v. World Savings Bank 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
| DAVID WANG et al., Plaintiffs and Appellants, v. WORLD SAVINGS BANK et al., Defendants and Respondents. | B178205 (Los Angeles County Super. Ct. No. BC299814) |
APPEAL from a judgment of the Superior Court of Los Angeles County, Jacqueline A. O'Connor, Judge. Judgment is reversed and remanded with instructions.
Larry Hoffman for Plaintiffs and Appellants.
Kester & Quinlan, Steven L. Kester, Francis E. Quinlan and Jack W. Rippy; Edward D. Russell for Defendants and Respondents.
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A mortgage lender began nonjudicial foreclosure proceedings against a defaulting homeowner. The homeowner brought suit to enjoin the foreclosure sale, alleging a cause of action for wrongful foreclosure, among others. The trial court sustained the lender's demurrer to the complaint. As to the wrongful foreclosure cause of action, the trial court concluded that, as there had not yet been a foreclosure sale, the cause of action was premature. The proceedings continued, with the homeowner filing amended complaints and the lender again responding with demurrers. Ultimately, the homeowner was permitted to proceed on several causes of action, and the lender filed an answer. In the meantime, the foreclosure sale took place. The homeowner then purported to file, without leave of court, a supplemental complaint, restating the wrongful foreclosure cause of action. The supplemental complaint was stricken. The homeowner then voluntarily dismissed the action, without prejudice.
The homeowner then filed a new action against the lender, asserting wrongful foreclosure and many of the other causes of action that he had asserted in the earlier, dismissed, action. The lender demurred, relying on res judicata. The trial court sustained the demurrer without leave to amend, and dismissed the action. The homeowner appeals. Concluding the wrongful foreclosure cause of action has never been adjudicated on the merits, we reverse. Nonetheless, we agree that certain causes of action asserted by the homeowner are meritless, and direct the trial court to sustain the lender's demurrer to those causes of action without leave to amend.
FACTUAL AND PROCEDURAL BACKGROUND
This case involves successive actions which arose out of a lender's attempt to foreclose on a mortgage. In 1992, David Wang and his wife Judy[1] purchased the property and obtained a mortgage from World Savings Bank (â€
