Lewis v. Daybreak Group
Defendant and appellant Daybreak Group, Inc. (Daybreak) appeals from a summary judgment in favor of plaintiff and respondent Cecelia Lewis. Lewis is the owner of a residence (the property) located in Temecula. Lewis purchased the property from an entity which had in turn purchased it at a trustees sale. Daybreak is the current holder of a $100,000 note purported to be secured by a trust deed on a 2.28‑acre portion of the property, which it received by assignment from the original holders of the trust deed. This action arose when Lewis discovered that Daybreak intended to hold a trustees sale to sell the 2.28‑acre portion of the property to satisfy the $100,000 trust deed. Lewis filed the instant action for declaratory relief, seeking a determination by the trial court that any lien supporting the deed of trust had been distinguished by a 2005 bankruptcy judgment quieting title to the property. The trial court granted Lewiss motion for summary judgment. The judgment and award of attorney fees are affirmed.
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