Nature of Proceedings: Demurrer
Tentative Santa Barbara County Superior Court
Judge Colleen K. Sterne
Department 5

Tentative Ruling
May 9, 2011

Case: Zack Vico v. Bank of America Corp., et al.
Case No. 1373807 (Judge Sterne)

Motion: Demurrer of Defendants Bank of America and Recontrust Company to Complaint
Tentative Ruling:
Defendants’ demurrers to the second, fourth, fifth, sixth, seventh, ninth, tenth, eleventh, twelfth, thirteenth, fourteenth and seventeenth causes of action are sustained with leave to amend on the grounds that plaintiff has failed to allege facts sufficient to state causes of action. Defendants’ demurrer is overruled in all other respects. Plaintiff shall file and serve his amended complaint on or before May 24, 2011.

Discussion:

As alleged in the complaint, plaintiff Zack Vico is the owner of real property located in Goleta, California. (Complaint, ¶ 1.) On or about October 8, 2007, plaintiff obtained a 30 year amortized, 5 year interest onl