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Yvanova v. New Century Mortgage Corp.

California Court of Appeals, Second District, First Division

April 25, 2014

TSVETANA YVANOVA, Plaintiff and Appellant,
v.
NEW CENTURY MORTGAGE CORPORATION et al., Defendants and Respondents.

[REVIEW GRANTED BY CAL. SUPREME COURT]

APPEAL from an order of the Superior Court of Los Angeles County No. LC097218 Russell Kussman, Judge.

Page 496

COUNSEL

Tsvetana Yvanova, in pro. per., for Plaintiff and Appellant.

Houser & Allison, Robert W. Norman, Jr., and Patrick S. Ludeman, for Defendants and Respondents.

OPINION

CHANEY, J.

Plaintiff Tsvetana Yvanova, in propria persona, brought an action against numerous financial institutions, alleging the mortgage and deed

Page 497

of trust on her residence were improperly securitized and assigned from the original lender to several successive mortgagees and trustees, and ultimately improperly sold at foreclosure. Plaintiff alleged instances of transfer fraud, claimed several assignments were ineffective, and denied that the ultimate trustee possessed a valid interest in the property. Although the only cause of action in the operative complaint was entitled “To Quiet Title, ” plaintiff also sought restitution, damages, and declaratory relief. Defendants demurred to the complaint on the ground that plaintiff failed to state a cause of action for quiet title in that she failed to allege she tendered the loan balance. The trial court sustained the demurrer without leave to amend on that ground.

We affirm.

Background

Complaint

Plaintiff’s original and first amended complaints, defendants’ demurrers thereto and the rulings on those demurrers are not in the record on appeal. We take the facts from the second amended complaint, which is operative, for now accepting them as true, and from matters properly subject to judicial notice. The complaint is somewhat difficult to understand, as it includes plaintiffs’ questions, arguments and evidence, citations to authority, references to ...


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