The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conference on Wednesday, September 16, 2015. The summary includes those civil cases in which (1) review has been granted, (2) review has been denied but one or more justices has voted for review, or (3) the Court has ordered depublished an opinion of the Court of Appeal.
Review Granted
Castro v. IndyMac INDX Mortgage Loan Trust 2005-AR21, S227876—Review Granted and Held—September 16, 2015
The court ordered briefing deferred pending decision in Yvanova v. New Century Mortgage Corp., S218973, which presents the following issue: In an action for wrongful foreclosure on a deed of trust securing a home loan, does the borrower have standing to challenge an assignment of the note and deed of trust on the basis of defects allegedly rendering the assignment void?
The Court of Appeal, Fourth District, Division Two, held in an unpublished decision, Castro v. IndyMac INDX Mortgage Loan Trust 2005-AR21 (June 9, 2015, S227876) 2015 WL 3562455 [nonpub. opn.], that the plaintiff lacked standing to challenge the assignment of a promissory note and deed of trust on his home because the transfer did not change his obligation to pay the note.
Review Denied (with dissenting justices)
None.
Depublished
None.