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PEAK FINANCIAL PARTNERS, INC. v. BANCWEST CORPORATION, B222986. (2011)

Court: Court of Appeals of California Number: incaco20110121027 Visitors: 7
Filed: Jan. 21, 2011
Latest Update: Jan. 21, 2011
Summary: NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS ROTHSCHILD, J. On July 23, 2007, Peak Financial Partners, Inc. ("Peak") filed suit against Bancwest Corporation, Bank of the West, Kings Canyon Partners, HSBC Bank USA, American Catholicon LLC, and 100 Doe defendants, alleging claims for declaratory relief, quiet title, and cancellation of deeds of trust. Bank of the West and American Catholicon LLC defaulted, and Peak dismissed without prejudice all of the other defendants. The complaint alleged tha
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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

ROTHSCHILD, J.

On July 23, 2007, Peak Financial Partners, Inc. ("Peak") filed suit against Bancwest Corporation, Bank of the West, Kings Canyon Partners, HSBC Bank USA, American Catholicon LLC, and 100 Doe defendants, alleging claims for declaratory relief, quiet title, and cancellation of deeds of trust. Bank of the West and American Catholicon LLC defaulted, and Peak dismissed without prejudice all of the other defendants. The complaint alleged that Peak had previously foreclosed on a deed of trust on a property on 8th Street in Los Angeles and thereby acquired title to the property. The complaint sought to quiet title against another deed of trust (the "BK deed of trust") allegedly held by Bank of the West, and the complaint requested an order directing the clerk to execute a reconveyance of the BK deed of trust on behalf of Bank of the West. The complaint also alleged that certain purported assignments of the BK deed of trust to and by American Catholicon LLC were void ab initio because the putatively assigning parties never held any interest in the BK deed of trust, and the complaint sought relief against American Catholicon related to those allegations.

On December 3, 2009, Gerry Burk filed a complaint in intervention in Peak's action. Although the allegations of Burk's complaint in intervention are not entirely clear, Burk appears to allege an ownership interest in the BK deed of trust that derives from the putative assignments involving American Catholicon LLC. The superior court granted Burk leave to intervene.

On January 14, 2010, the superior court conducted a default prove-up hearing as to Bank of the West and entered judgment against Bank of the West. The court's minute order and judgment unambiguously provide that the judgment is against Bank of the West alone.

Burk filed a notice of appeal from the January 14, 2010, default judgment against Bank of the West. Burk is not, however, aggrieved by that judgment, because the judgment is against only Bank of the West. The effect of the judgment is to extinguish Bank of the West's interest (if any) in the BK deed of trust and force reconveyance of the BK deed of trust on behalf of Bank of the West. Regardless of whether the allegations of Burk's complaint in intervention are true (a matter on which we express no opinion), the judgment has no effect on Burk. If Burk's allegations (as we understand them) are correct and the putative assignments involving American Catholicon LLC are valid, then the reconveyance on behalf of Bank of the West would be of no effect, because Bank of the West would have nothing to reconvey. Thus, because the default judgment against Bank of the West does not in any way impair Burk's ability to obtain the relief sought in his complaint, and because the default judgment against Bank of the West does not affect Burk's interests in any other respect, Burk is not a party aggrieved.

Because Burk is not a party aggrieved, he has no standing to appeal. (Code Civ. Proc., § 902; see, e.g., Rebney v. Wells Fargo Bank (1990) 220 Cal.App.3d 1117, 1128.) We therefore dismiss his appeal. (See, e.g, Crook v. Contreras (2002) 95 Cal.App.4th 1194, 1201.)

DISPOSITION

The appeal is dismissed. Respondent shall recover its costs of appeal.

We concur:

MALLANO, P. J.

JOHNSON, J.

Source:  Leagle

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