Nature of Proceedings: Defendant Real Time's Demurrer to SAC; Defendant Bank of America etc.'s Demurrer to SAC; Defendant Bank of America etc.'s Motion to Strike
Real Time’s Demurrer to SAC:
The court intends to sustain the demurrer for the following reasons.
3rd CAUSE OF ACTION FOR VIOLATION OF FEHA:
1. Plaintiff has not stated any facts to support the assertion that Real Time participated in or is liable for the alleged discrimination that occurred during loan origination. o An agency theory creates a factual inconsistency since Real Time is not alleged to have joined in the transaction until well after origination; o An aider and abettor theory creates a similar factual inconsistency. Real Time could not have given “substantial assistance” to Countrywide in committing the discrimination during loan origination if it were not involved at the time origination occurred. o Plaintiff’s theory that every subsequent transaction related to a loan al
Hearing Date
June 18, 2010
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Nature of Proceedings: Defendant Real Time's Demurrer to SAC; Defendant Bank of America etc.'s Demurrer to SAC; Defendant Bank of America etc.'s Motion to Strike
Real Time’s Demurrer to SAC:
The court intends to sustain the demurrer for the following reasons.
3rd CAUSE OF ACTION FOR VIOLATION OF FEHA:
1. Plaintiff has not stated any facts to support the assertion that Real Time participated in or is liable for the alleged discrimination that occurred during loan origination. o An agency theory creates a factual inconsistency since Real Time is not alleged to have joined in the transaction until well after origination; o An aider and abettor theory creates a similar factual inconsistency. Real Time could not have given “substantial assistance” to Countrywide in committing the discrimination during loan origination if it were not involved at the time origination occurred. o Plaintiff’s theory that every subsequent transaction related to a loan al