Facts

Plaintiff Cecilia Mangaoang obtained a mortgage loan in the principal amount of $524,000.00 from Aidan West Financial Group on or about January 9, 2007, with repayment of the loan secured by a deed of trust. Thereafter Plaintiff obtained a second loan in the amount of $131,000.00 with repayment of the loan secured by another deed of trust. In 2016 however, a Notice of Default and Election to Sell under the second deed of trust was recorded, which indicated that Plaintiff had been in default since July 1, 2008. On November 15, 2018, a trustee's deed upon sale was recorded indicating that the Property was sold in a non-judicial foreclosure via public auction in November 2018. Plaintiff then filed a lawsuit against Defendants Trinity Financial Services, LLC; Newport Beach Holdings, LLC; Wilmington Trust; Select Portfolio Servicing, Inc., and Special Default Services.

PLAINTIFF'S CONTENTIONS: Plaintiff contended she never took out any loans and that neither the first or second deed contained her signature. Next, Plaintiff contended the pertinent recorded documents to the case were invalid because the person that signed their name as a notary was not actually a notary; the signatory failed to sign in the presence of a notary; and the signatory failed to read the document and was not aware of its contents before it was notarized. Plaintiff also contended the notary never produced identification for the notary and the log book, which belonged to the notary, demonstrating that the document was never signed or notarized. Finally, Plaintiff contended the non-
judicial foreclosure process leading up to and through the sale of the real property was fatally flawed.

DEFENDANTS' CONTENTIONS: Defendants contended that Plaintiff failed fatally to adequately plead the claims in her complaint.
Defendants filed motions to dismiss. Defendants, including Special Default Services, also asserted Plaintiff's claims were barred by judicial estoppel. Specifically, Defendants contended Plaintiff failed to disclose any of the alleged claims found in her complaint during her prior and multiple bankruptcy court proceedings, so she was estopped from litigating those claims in her lawsuit.

Result

The court granted Defendants' motions to dismiss after it found Plaintiff's complaint was barred by judicial estoppel.