Judge: James A. Mangione, Case: 37-2020-00015790-CU-OR-CTL, Date: 2023-10-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - September 27, 2023

09/28/2023  08:30:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Other Real Property Motion Hearing (Civil) 37-2020-00015790-CU-OR-CTL MONTEZ VS US BANK NA [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Plaintiff Dianna Montez's Motion for Leave to Amend is denied.

Accepting arguendo Plaintiff's theory that Washington Mutual Bank, FA sold the note to WaMu Asset Acceptance Corporation in 2005, U.S. Bank had authority to foreclose upon the property. As noted in Exhibit 3 attached to the First Amended Complaint, and referenced in the Proposed Second Amended Complaint, WAMU Asset Acceptance Corporation sold the loan to LaSalle Bank as Trustee for the WaMu 2005-AR17 Trust. Therefore, as the successor Trustee to LaSalle Bank, U.S. Bank had the authority to initiate a foreclosure sale on the property. Furthermore, Plaintiff's theory renders it irrelevant whether the 2009 Assignment was forged because U.S. Bank's authority derives from the 2005 Sale by WaMu Asset Acceptance Corporation. Therefore, amendment to include a wrongful foreclosure cause of action is futile.

As an independent basis for the Court's decision, the Court notes that the declaration submitted with Plaintiff's moving papers was rejected because it did not comply with California Rules of Court, Rule 3.1110(f). Consequently, Plaintiff failed to make the evidentiary showing required by California Rules of Court, Rule 3.1324(b). Furthermore, the Court finds that Defendant would be prejudiced by the unwarranted delay in Plaintiff's request for amendment.

The minute order is the order of the Court.

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