Aghchay v. U.S. Bank Nat. Assn.
Plaintiff and appellant Reba Aghchay (plaintiff) appeals from a judgment in favor of defendants and respondents U.S. Bank N.A., successor in interest to the Federal Deposit Insurance Corporation as receiver for PFF Bank and Trust, JPMorgan Chase Bank, N.A. and California Reconveyance Company (defendants), following the trial court’s sustaining of defendants’ demurrer to the original complaint without leave to amend. Plaintiff contends the trial court erred in concluding that her complaint was barred by res judicata and in denying leave to amend. We disagree and affirm.
In 2004, plaintiff borrowed $1,120,000.00 from Washington Mutual Bank, FA and executed a deed of trust (Deed of Trust) on the property located at 3784 Deervale Drive, Sherman Oaks, California (Property) securing payment of the loan. Washington Mutual Bank, FA was the lender and beneficiary of the Deed of Trust, and California Reconveyance Company was the trustee. In December 2008, a Notice of Default and Election to Sell Under Deed of Trust was recorded stating that plaintiff owed $65,810.79 in “past due payments plus permitted costs and expenses.†A trustee’s sale in connection with the deed of trust was held on August 25, 2009 at which JPMorgan Chase Bank, N.A. purchased the Property. In October 2009, an Assignment of Deed of Trust was recorded assigning all beneficial interest in the Deed of Trust to U.S. Bank N.A.
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