Setting Aside a Trustee Sale in California

Service Company, alleging causes for action for (1) wrongful foreclosure, (2) set aside trustee sale, (3) void trustees deed, (4) unjust enrichment, and (5) quiet title. In December 2005, Freeman loaned Boyd $425,000 pursuant to a written promissory note. In January 2007, Boyd defaulted under the note by failing to make the required monthly payment. Boyd thereafter retained an attorney and asserted that the interest rate on the note was usurious.

The causes of action include: (1) wrongful foreclosure; (2) to set aside trustee sale; (3) to void or cancel trustee’s deed upon sale; (4) for unjust enrichment; and (5) to quiet title. ANALYSIS It is a misuse of the discovery process to fail “to respond or to submit to an authorized method of discovery,” (CCP § 2023.010(d)) or to disobey “a court order to provide discovery.” (CCP § 2023.010(g).)

Based upon its review of the complaint and all attached exhibits, the court finds that the complaint alleges sufficient facts to adequately plead plaintiffs’ first cause of action for violation of Civil Code section 2923.6, second cause of action for breach of contract, third cause of action for promissory estoppel, seventh cause of action to set aside trustee sale and ninth cause of action for unfair business practices. The demurrer is overruled as to these causes of action.

Service Company, alleging causes for action for (1) wrongful foreclosure, (2) set aside trustee sale, (3) void trustees deed, (4) unjust enrichment, and (5) quiet title. In December 2005, Freeman loaned Boyd $425,000 pursuant to a written promissory note. The loan was secured by certain real property. In January 2007, Boyd defaulted under the note by failing to make the required monthly payment, and Freeman initiated foreclosure proceedings.

BC6884812 (“the First Action”), alleging the following causes of action against co-defendants WF, WSB, and NDS for: (1) To Set Aside Trustee Sale, (2) To Cancel Trustee Deed Upon Sale, (3) To Quiet Title, (4) Accounting, (5) Slander of Title, (6) Unfair Business Practices, (7) Wrongful Foreclosure, (8) Injunctive Relief, and (9) Declaratory Relief.

First Cause of Action to Set Aside Trustee Sale: “The elements of an equitable cause of action to set aside a foreclosure sale are: (1) the trustee or mortgagee caused an illegal, fraudulent, or willfully oppressive sale of real property pursuant to a power of sale in a mortgage or deed of trust; (2) the party attacking the sale (usually but not always the trustor or mortgagor) was prejudiced or harmed; and (3) in cases where the trustor or mortgagor challenges the sale, the trustor or mortgagor tendered the

procedural history On November 26, 2019, Plaintiffs filed the Complaint, alleging eleven causes of action: Set aside trustee sale Indemnity Conspiracy to defraud Fraud Negligence Constructive trust Accounting Money had and received Preliminary and permanent injunction Quiet title Civil contempt On January 16, 2020, Plaintiffs filed the FAC alleging the same causes of action.

On November 8, 2021, Plaintiff Natalie Gayeva (Plaintiff) filed suit alleging: (1) to set aside trustee sale dated 11/4/2021; (2) cancellation of trustees deed upon sale; (3) unfair business practice; (4) quiet title; and (5) declaratory relief.

Del Toro (“Plaintiff”) filed a complaint against Defendants Wells Fargo Bank, N.A., successor by merger to Wells Fargo Home Mortgage, formerly known as Wachovia Mortgage, FSB, World Savings Bank FSB; Breckenridge Property Fund 2016 LLC; National Default Services, LLC; Does 1 through 20 for (1) to set aside trustee sale; (2) to cancel trustee deed upon sale; (3) to quiet title; (4) accounting; (5) slander of title; (6) unfair business practices; (7) wrongful foreclosure; (8) injunctive relief; and (9) declaratory

Set Aside Trustee Sale 6. Violation of Business and Professional Code Section 17200 et seq. The Case Management Conference is set for 8/17/16. Defendant Wells Fargo Bank, N.A. (“defendant”) now demurs to each of the causes of action in Plaintiffs Michael Sternquist’s and Deanna Sternquist’s (“plaintiffs”) First Amended Complaint (“FAC”), on the basis that they each fail to state facts sufficient to constitute causes of action.

(Opp’n at 1.) 2nd COA – To Set Aside Trustee Sale Plaintiff alleges the trustee’s sale should be set aside because: (1) Defendants “never had the legal authority to foreclose” in that their “interest was never acknowledged and recorded in violation of Civil Code § 2932.5”; (2) the trustee sale “violated the [HBOR]”; and (3) the Deed of Trust was “improperly assigned and/or transferred to the Foreclosing Defendants from the original lender.” (Compl. at ¶¶ 19, 20.)

In the operative original complaint, the Plaintiff asserts causes of action against all defendants for: (1) set aside trustee sale, (2) to cancel trustee’s deed, (3) quiet title, and (4) accounting. On September 27, 2018, the Plaintiff filed a notice of pendency of action (Lis Pendens) in connection with the Subject Property. RELIEF REQUESTED: Leave to intervene in the action as a party.

Service Company (“TD”) (collectively, “Defendants”) alleging causes of action for (1) wrongful foreclosure, (2) setting aside trustee sale, (3) voiding or canceling trustee’s deed upon sale, (4) unjust enrichment, and (5) quiet title. The FAC alleges in pertinent part as follows. Plaintiff was the owner of real property located at 125 W. Chestnut Street, Glendale, CA 91205 (“Property”). The Property possessed a 16-unit apartment complex and Plaintiff received over $12,000 a month from these rental units.

Defendant Bank of New York Mellon demurs to the 1st – 8th causes of action, and Defendant Cybaer, LLC demurs to the 2nd, 5th, and 7th causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain. 1ST – 2nd, 5th and 8th CAUSES OF ACTION: WRONGFUL FORECLOSURE, SET ASIDE TRUSTEE SALE, and CANCELLATION OF INSTRUMENT: The 1st – 2nd, 5th, and 8th causes of action are premised on the assertion that the assignments are void, and that Defendants do

Redwood Mortgage Investors, VIII, et al (20STCV21196) was filed on June 5, 2020 when Erina Gilerman sued Redwood Mortgage Investors, VIII, PLM Loan Management Services, Inc., Pacific Coast Title Company, and First American Title Insurance to set aside trustee sale.

. § 1601 et al., (14) quiet title, (15) unfair business practices, (16) wrongful foreclosure, and (17) set aside trustee sale. On September 16, 2022, Defendant Fast Action filed the instant demur and motion to strike as to all causes of action in the 4AC alleging that the complaint fails to state facts sufficient to CONFIDENTIAL COURT DOCUMENT DEPT. 68 constitute any of the causes of action against Fast Action, and that the complaint is vague, ambiguous, and unintelligible.

Service Company, alleging causes for action for (1) wrongful foreclosure, (2) set aside trustee sale, (3) void trustees deed, (4) unjust enrichment, and (5) quiet title. In December 2005, Freeman loaned Boyd $425,000 pursuant to a written promissory note. In January 2007, Boyd defaulted under the note by failing to make the required monthly payment. Boyd thereafter retained an attorney and asserted that the interest rate on the note was usurious.

Service Company, alleging causes for action for (1) wrongful foreclosure, (2) set aside trustee sale, (3) void trustees deed, (4) unjust enrichment, and (5) quiet title. In December 2005, Freeman loaned Boyd $425,000 pursuant to a written promissory note. In January 2007, Boyd defaulted under the note by failing to make the required monthly payment. Boyd thereafter retained an attorney and asserted that the interest rate on the note was usurious.

On June 23, 2016, plaintiff sued defendants Bank of America, Deutsche Bank, and MTC Financial for (1) violating the Homeowners’ Bill of Rights, (2) negligence, (3) wrongful foreclosure, (4) set aside trustee sale, (5) negligent misrepresentation, and (6) unfair competition. Request for Judicial Notice Defendants’ request to take judicial notice of several recorded documents concerning the subject property is GRANTED consistent with the authority set forth below.

The operative second amended complaint (the SAC) alleges: (1) set aside trustee sale; (2) cancellation and rescission of instruments; (3) quiet title; (4) wrongful foreclosure; (5) unfair business practices; and (6) declaratory relief. In relevant part, the SAC alleges that Redwood was the beneficiary and trustee of two deeds of trust (the DOTs) recorded against the Properties. (SAC ¶ 17.)

Complaint Plaintiff Figueroa commenced this proceeding on August 24, 2018 against Defendants Nationstar, Bank, and Quality Loan Service Corporation (“Quality”), alleging causes of action for (1) violation of Civil Code section 2923.7, (2) violation of Civil Code section 2923.6, (3) violation of Civil Code section 2923.55, (4) breach of contract, (5) promissory estoppel, (6) negligence, (7) intentional misrepresentation, (8) negligent misrepresentation, (9) to set aside trustee sale, (10) quiet title, and (11

The Request for Judicial Notice is granted. 1st Cause of Action – Set Aside Trustee Sale The elements of this cause of action are: (1) trustee caused an illegal, fraudulent or willfully oppressive sale of real property pursuant to a power of sale in a deed of trust; (2) the party attacking the sale was prejudiced or harmed; and (3) the trustor tendered the amount of the indebtedness or was excused from tendering. (Orcilla v. Big Sur, Inc. (2016) 244 Cal.App.4th 982, 996.)

procedural history Plaintiffs filed their Complaint on February 11, 2020, alleging four causes of action: Set aside trustee sale Cancel trustee deed upon sale Quiet title Wrongful foreclosure Select and Wilmington filed the present Demurrer and Motion to Strike on March 12, 2020. Plaintiffs have not filed an Opposition. Due July 28, 2020.

Judgment is issued in favor of Plaintiffs Parkash Pabla and Jaswinder Kaur and against Defendants Gurjit Pabla, Gursharan Pabla, Tarsem Pabla, Manminder Kaur, Successor in Interest to the Estate of Dalavar Pabla, and Lahmbrer Pabla as to Plaintiff’s First Cause of Action for Fraud, Third Cause of Action for Wrongful Foreclosure, Fourth Cause of Action for Elder Abuse, Fifth Cause of Action to Set Aside Trustee Sale, Sixth Cause of Action to Quiet Title, and Seventh Cause of Action for Intentional Infliction

Third Cause of Action: Set Aside Trustee Sale Defendant argues that the complaint lacks factual allegations to support the third cause of action to cancel the trustee’s deed upon sale (“TDUS”). (Demurrer, p. 9:23-27.) Defendant also asserts that because there was no tender, and Plaintiff has not alleged any tender, Plaintiff may not cancel the TDUS. (Id. at p. 10:12.)

Eleventh Cause of Action for Wrongful Foreclosure, to Set Aside Trustee Sale and Injunctive Relief In support of the eleventh cause of action for wrongful disclosure, to set aside trustee sale, and injunctive relief, Plaintiff alleges that Defendants caused an illegal, fraudulent and willfully oppressive transfer and conveyance of the SUBJECT PROPERTY pursuant to a power of sale contained in the Deed of Trust by engaging in a variety of conduct. (SAC, ¶ 99.)

Service Company (“TD”) (collectively, “Defendants”) alleging causes of action for (1) wrongful foreclosure, (2) setting aside trustee sale, (3) voiding or canceling trustee’s deed upon sale, (4) unjust enrichment, and (5) quiet title. The FAC alleges in pertinent part as follows. Boyd was the owner of a 16-unit apartment complex located at 125 W. Chestnut Street, Glendale, CA 91205 (“Property”). Boyd received over $12,000 a month from these rental units.

.) § 7.67, pp. 580–581, and cases cited therein summarizing grounds for setting aside trustee sale.)." Id., at 104. Plaintiffs cite Biancalana v. T.D. Service Co. (2013) 56 Cal.4th 807, Angell v. Superior Court (1999) 73 Cal.App.4th 691, Moeller v. Lien (1994) 25 Cal.App.4th 822, Bank of Seoul & Trust Co. v. Marcione (1988) 198 Cal.App.3d 113, and Crofoot v. Tarman (1957) 147 Cal.App.2d 443. In all of these cases, there was an issue of irregularity or unfairness in the sales proceeding.

Simone for (1) quiet title; (2) rescission; (3) set aside trustee sale; (4) intentional infliction of emotional distress; (5) breach of covenant of good faith and fair dealing; (6) unfair business practices; (7) negligence; (8) violation of Business & Professions Code section 17200 et seq.; and (9) declaratory and injunction relief. The first cause of action is asserted against all defendants except for Gomez & Simone and Stuart R.

procedural history Plaintiff filed the Complaint on March 9, 2020, alleging five causes of action: Violations of Civil Code § 2923.5 Quiet Title To Set Aside Trustee Sale Cancellation of Instrument Violation of B&P Code §§ 17200 et seq. Select filed the present Demurrer on April 24, 2020. Plaintiff has not filed an Opposition.

procedural history Plaintiff filed the Complaint on March 9, 2020, alleging five causes of action: Violations of Civil Code § 2923.5 Quiet Title To Set Aside Trustee Sale Cancellation of Instrument Violation of B&P Code §§ 17200 et seq. Select filed the present Demurrer on April 24, 2020. Plaintiff has not filed an Opposition.

procedural history On November 26, 2019, Plaintiffs filed the Complaint, alleging eleven causes of action: Set aside trustee sale Indemnity Conspiracy to defraud Fraud Negligence Constructive trust Accounting Money had and received Preliminary and permanent injunction Quiet title Civil contempt On January 16, 2020, Plaintiffs filed the FAC alleging the same causes of action. On March 30, 2020, SIF and Cornelius filed the instant Demurrer to the FAC.

The causes of action in the unverified complaint included quiet title, wrongful foreclosure, violation of fair debt collection act, and injunctive relief set aside trustee sale. Named Defendants are Trustee’s Assistance Corporation, TD Service Financial Corporation, Quality Loan Service Corporation, Dale Dykema, Renee Patrick, Cindy Meglynn, Ryan McKenzie, Kevin McCarthy, and Daniel Goulding.

The causes of action in the unverified complaint included quiet title, wrongful foreclosure, violation of fair debt collection act, and injunctive relief set aside trustee sale. Named Defendants are Trustee’s Assistance Corporation, TD Service Financial Corporation, Quality Loan Service Corporation, Dale Dykema, Renee Patrick, Cindy Meglynn, Ryan McKenzie, Kevin McCarthy, and Daniel Goulding.

Complaint Plaintiff Figueroa commenced this proceeding on August 24, 2018, alleging causes of action for (1) violation of Civil Code section 2923.7, (2) violation of Civil Code section 2923.6, (3) violation of Civil Code section 2923.55, (4) breach of contract, (5) promissory estoppel, (6) negligence, (7) intentional misrepresentation, (8) negligent misrepresentation, (9) to set aside trustee sale, (10) quiet title, and (11) unfair business practices.