Torres v. Flexpoint Funding Corp. CA2/5
CourtCalifornia Court of Appeal
Date FiledOctober 21, 2026
DocketB344142
StatusUnpublished
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Full Opinion
Filed 10/21/26 Torres v. Flexpoint Funding Corp. CA2/5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions
not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion
has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION FIVE
JOEL M. TORRES, B344142
Plaintiff and Appellant, (Los Angeles County
Super. Ct. No.
v. 21NWCV00483)
FLEXPOINT FUNDING
CORP. et al.,
Defendants and
Respondents.
APPEAL from an order of the Superior Court of Los
Angeles County, Ann H. Park, Judge. Affirmed.
Joel M. Torres, self-represented litigant; and James M.
Imperiale for Plaintiff and Appellant. [Retained.]
Troutman Pepper Locke and Justin D. Balser for
Defendants and Respondents.
I. INTRODUCTION
Plaintiff Joel M. Torres appeals from an order denying his
motion to set aside judgments pursuant to Code of Civil
Procedure1 section 473, subdivision (d) and for new trial.
Because he raises no argument on appeal that challenges that
order, we affirm.
II. BACKGROUND
A. Underlying Action and Judgment
On July 27, 2021, plaintiff filed a complaint against
defendants U.S. Bank National Association as Trustee for the
Holders of the Specialty Underwriting and Residential Finance
Trust Mortgage Loan Asset-Backed Certificate Series (U.S.
Bank), Nationstar Mortgage LLC d/b/a Mr. Cooper (Nationstar),
Barrett Daffin Frappier Treder & Weiss, LLP (Barrett),
Jeannette Villegas, Hector Villegas, and Does 1 through 25. He
alleged claims for wrongful foreclosure, cancellation of an
instrument, quiet title, violation of Civil Code sections 2924f,
2923.5, 2923.55, and 2924.17, subdivision (a) of the California
Homeowner Bill of Rights (Civ. Code, § 2923.4 et seq.), violation
1 Further statutory references are to the Code of Civil
Procedure unless otherwise indicated. Plaintiff’s opening brief
asserts that he also appeals from the order denying his motion for
new trial. An order denying a new trial is not appealable, but is
reviewable on appeal from the judgment. (Audish v. Macias
(2024) 102 Cal.App.5th 740, 746, fn. 2.) As we will explain,
plaintiff has failed to timely appeal from the judgment.
2
of Business and Professions Code section 17200, and preliminary
injunctive relief.
On January 20, 2023, defendants Nationstar and U.S.
Bank filed a motion for judgment on the pleadings. Nationstar
and U.S. Bank asserted that plaintiff failed to state facts
sufficient to constitute a cause of action against them. On May
23, 2023, plaintiff, acting as a self-represented litigant, opposed
the motion.
On May 25, 2023, the trial court granted Nationstar and
U.S. Bank’s motion. On August 18, 2023, the court entered
judgment in favor of Nationstar and U.S. Bank and against
plaintiff. Counsel for defendants served notice of entry of
judgment that same day.
On December 29, 2023, Barrett moved for judgment on the
pleadings, which plaintiff opposed.
On February 9, 2024, the trial court issued its order
granting Barrett’s motion. On March 22, 2024, the court entered
judgment in favor of Barrett and against plaintiff. Barrett served
notice of entry of judgment on April 4, 2024.
B. Motions to Set Aside Void Judgments and For New Trial
On February 26, 2024, plaintiff filed notice of his intent
(1) to move under section 473, subdivision (d) to set aside the
August 18, 2023, judgment in favor of Nationstar and U.S. Bank
and the February 9, 2024, order granting Barrett’s motion for
judgment on the pleadings as void judgments, and (2) to move for
a new trial.2
2 Plaintiff’s notice of intent to move to set aside the judgment
concerned only the February 9, 2024, order granting Barrett’s
3
On January 8, 2025, the trial court denied the motions.3
On the section 473 motion, the court concluded that plaintiff
failed to demonstrate that the judgment and order included any
clerical errors and that he failed to argue that the judgments
were void. On the new trial motion, the court concluded that
plaintiff did not demonstrate that he had newly discovered
evidence that could not reasonably have been discovered earlier.
On January 24, 2025, plaintiff filed a notice of appeal from
the January 8, 2025, order.
III. DISCUSSION
In his opening brief, plaintiff argues the trial court erred
when it granted the motions for judgment on the pleadings filed
by Nationstar, U.S. Bank, and Barrett.4 But he raises no
argument challenging the order denying his motions to set aside
a void judgment under section 473 and for new trial, the only
order on appeal. We therefore conclude that plaintiff has waived
any challenge to the order on appeal. (Cahill v. San Diego Gas &
motion. But the case summary included with the record indicates
that both motions were subsequently filed on March 19, 2024.
And, the trial court construed the section 473 motion as also
seeking to vacate the August 18, 2023, judgment. The record on
appeal does not include either plaintiff’s section 473 motion or his
motion for new trial.
3 The record is not clear as to why the trial court delayed in
ruling on the motions. The record also does not demonstrate that
the order denying the motion, or notice of entry of that order, was
served.
4 Barrett did not file a respondent’s brief.
4
Electric Co. (2011) 194 Cal.App.4th 939, 956 [“‘We are not bound
to develop appellants’ argument for them. [Citation.] The
absence of cogent legal argument or citation to authority allows
this court to treat the contention as waived.’ [Citations.]”].)
Plaintiff, in his reply brief, denies that he is challenging
“only the January 8, 2025, order denying relief under … section
473 and the motion for new trial.” He asserts that because he
designated a record that included the court’s earlier orders
granting judgment on the pleadings, we should review the merits
of those rulings. We disagree.
“‘“‘[W]here several judgments and/or orders occurring close
in time are separately appealable (e.g., judgment and order
awarding attorney fees), each appealable judgment and order
must be expressly specified—in either a single notice of appeal or
multiple notices of appeal—in order to be reviewable on appeal.’”’
[Citations.] Indeed, ‘“[w]hen a party wishes to challenge both a
final judgment and a postjudgment … order, the normal
procedure is to file two separate appeals: one from the final
judgment, and a second from the postjudgment order.”’
[Citation.] ‘“‘[I]f a judgment or order is appealable, an aggrieved
party must file a timely appeal or forever lose the opportunity to
obtain appellate review.’”’ [Citation.]” (Nellie Gail Ranch
Owners Assn. v. McMullin (2016) 4 Cal.App.5th 982, 1007–1008.)
Plaintiff filed his notice of appeal on January 24, 2025, and
stated that he was appealing only from the January 8, 2025,
order. Because plaintiff failed to specify that he appealed from
the August 18, 2023, or March 22, 2024, judgments, he cannot
obtain appellate review of the judgments or the orders upon
which they were based.
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Even if plaintiff had indicated in his notice of appeal that
he was appealing from the earlier judgments, his appeal would be
untimely. The record reflects that notices of entry of judgment
were served on August 18, 2023, and April 4, 2024, for the
respective judgments. Plaintiff thus had 60 days from the date of
service of the notices to file a notice of appeal from those
judgments. (Cal. Rules of Court, rule 8.104(a)(1)(B).) The denial
of the motion for new trial extended the filing deadline to appeal
the judgments by at most 180 days after entry of judgment. (Id.,
rule 8.108(b)(1)(C).) The January 24, 2025, notice of appeal
would thus be untimely for purposes of challenging the
judgments directly.
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IV. DISPOSITION
The order denying the section 473 motion to set aside the
judgments and the motion for new trial is affirmed. Defendants
Nationstar and U.S. Bank are awarded costs on appeal.
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
KIM (D.), J.
We concur:
BAKER, Acting P. J.
MOOR, J.
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