Ponce v. Wells Fargo Bank

230 Cal. Rptr. 3d 236, 21 Cal. App. 5th 253
CourtCalifornia Court of Appeal, 5th District
DecidedMarch 13, 2018
DocketC080680
StatusPublished
Cited by11 cases

This text of 230 Cal. Rptr. 3d 236 (Ponce v. Wells Fargo Bank) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ponce v. Wells Fargo Bank, 230 Cal. Rptr. 3d 236, 21 Cal. App. 5th 253 (Cal. Ct. App. 2018).

Opinion

RENNER, J.

*255Plaintiffs and appellants Antonio and Imelda Aranda and their son-in-law, Heriberto Ponce, (together, Ponce and Aranda) appeal from the trial court's entry of a judgment of dismissal following an order imposing both terminating and monetary sanctions against them and their attorneys under Code of Civil Procedure section 128.7.1 The trial court found that Ponce and Aranda's complaint was presented primarily for an improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of litigation. ( § 128.7, subd. (b)(1).)

On appeal, Ponce and Aranda argue that the claims asserted in their complaint were not frivolous and therefore, could not have been asserted for an improper purpose. We agree. We therefore reverse the trial court's entry of judgment based on terminating sanctions against Ponce and Aranda and entry of monetary sanctions against Ponce and Aranda and their attorneys.

I. BACKGROUND

Ponce and Aranda obtained a $280,000 loan to purchase a home in Woodland *239(property). The loan was secured by a deed of trust recorded on February 14, 2008, in favor of respondent and defendant Wells Fargo Bank. *256Ponce and Aranda applied for a loan modification under the Home Affordable Modification Program (HAMP) in September 2009. Ponce and Aranda successfully completed a trial period plan and were offered a permanent loan modification. The permanent modification agreement contained several errors. Of greatest significance, the modification agreement failed to name Ponce as a party and called for higher payments than the trial period plan, which Ponce and Aranda could not afford. Ponce and Aranda tried to resolve these issues with Wells Fargo, without success. Ponce and Aranda defaulted on the loan in June 2010.

Wells Fargo transferred the note and deed of trust to Consumer Solutions 3, LLC (Consumer Solutions) in November 2010. Defendant and respondent Specialized Loan Services, LLC (Specialized) serviced the loan on behalf of Consumer Solutions. In the meantime, Ponce and Aranda were still trying to work things out with Wells Fargo. One Wells Fargo representative told Ponce's wife, Alma, that they should not make further payments until the mistakes were corrected. Other representatives called Ponce demanding payment. Wells Fargo refused to accept any reduced payment, and ultimately invited Ponce and Aranda to apply for another loan modification.

Specialized recorded a notice of trustee's sale in December 2010, while Ponce and Aranda's second application was pending. A Wells Fargo representative told Ponce "not to worry about the notice because the trustee sale was scheduled by mistake." Over the next several weeks, other Wells Fargo representatives reassured Ponce and Aranda that the property would not be sold because they had been approved for a loan modification.

Despite these assurances, a trustee's sale was held on January 18, 2011, at which Residential Investments LLC (Residential Investments) acquired title to the property. A trustee's deed upon sale was recorded on March 8, 2011. On January 28, 2011, Specialized executed an assignment of deed of trust from Consumer Solutions to Residential Investments. The assignment was recorded on March 8, 2011.

A. Unlawful Detainer Action and Ponce I

Residential Investments filed a complaint in unlawful detainer against plaintiffs in Yolo County Superior Court on April 1, 2011. Ponce and Aranda countered with a lawsuit of their own in Yolo County Superior Court, case No. YOSU-CVCV-2011-1120 (Ponce I ). We have not been provided with copies of the relevant filings in Ponce I. However, some of those filings appear to have been presented to the trial court in connection with Wells Fargo and *257Specialized's motions for summary judgment or, in the alternative, summary adjudication, which were heard contemporaneously with the sanctions motions currently before us.

We have been provided with copies of the memoranda of points and authorities filed in support of the motions for summary judgment, but not the separate statements of undisputed facts or accompanying exhibits. The memoranda describe the complaint filed in Ponce I as having been styled as follows: "Complaint for fraudulent misrepresentation; fraudulent inducement; violation of the fair debt collection practices act; predatory lending practices; breach of trust contract; RICO violations; quiet title; declaratory relief; injunctive relief; conspiracy; Rosenthal Act; and illegal foreclosure" against Wells Fargo, Specialized, *240Residential Investments, and others. The memoranda state that Ponce I was dismissed in response to an order to show cause regarding sanctions in which Ponce and Aranda were ordered to show cause " 'WHY THIS CASE SHOULD NOT BE DISMISSED WITH PREJUDICE. ' " Specifically, the memoranda state that Ponce I was dismissed for " 'persistent failure to comply with the CMC orders issued in this case, and for failure to show cause why the case should not be dismissed.' "

B. Ponce II and Ponce III

On June 23, 2011, Residential Investments obtained a judgment for possession of the property in the unlawful detainer action. Between June 28, 2011, and December 19, 2012, Ponce and Alma filed four separate bankruptcy proceedings in the United States Bankruptcy Court for the Eastern District of California.2 Residential Investments sought and obtained relief from automatic stay in each case.

On February 15, 2013, Ponce and Alma commenced a pro se adversary proceeding against Wells Fargo, Specialized, Residential Investments and others in case No. 12-41661 (Ponce II ). We have not been provided with copies of the docket sheets or filings from any of the foregoing bankruptcy proceedings. However, Ponce and Aranda have asked us to take judicial notice of a motion to dismiss filed in another federal action (described momentarily), which we have done. That motion describes the adversary complaint as "almost identical" to the complaint to which the motion was directed. The motion also indicates that Wells Fargo and Specialized filed a motion to dismiss the adversary complaint in Ponce II, which was set for hearing on April 29, 2013. It is not clear from the bankruptcy court's docket sheet whether the motion to dismiss was heard, and if so, what the disposition of the motion may have been. The adversary proceeding was closed on May 20, 2013.

*258On March 13, 2013, Ponce and Alma commenced a separate action, also pro se, in the United States District Court for the Eastern District of California in case No. 2:13-CV-0498 LKK DAD PS (Ponce III ). The complaint alleges that Ponce applied for a HAMP modification, successfully completed a trial period plan, and was offered a permanent modification agreement containing errors, including the omission of Ponce as a party and unaffordably high monthly payments.

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Cite This Page — Counsel Stack

Bluebook (online)
230 Cal. Rptr. 3d 236, 21 Cal. App. 5th 253, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ponce-v-wells-fargo-bank-calctapp5d-2018.