Nature of Proceedings: Case Management Conference; Demurrer to First Amended Complaint
TENTATIVE RULING:
For the reasons set forth herein, the demurrer of defendant Bank of America, N.A., is sustained, with leave to amend, as to the first, second, third, fifth, sixth, seventh, and eighth causes of action of the first amended complaint, and is otherwise overruled. Plaintiff Gary Paudler shall file and serve his second amended complaint on or before October 29, 2015.
Background:
On September 13, 2011, plaintiff Gary Paudler obtained a loan from defendant American Financial Network, Inc. (AFN) for $737,047.00 (Loan). (First Amended Complaint [FAC], ¶ 8.) (Note: As written, the allegation is that the loan was for $737,047,000; a review of the other allegations of the complaint suggest this is a typo by erroneously including a comma rather than a period and also by including an extra trailing zero. This error was not corrected from the original complaint.) The Loan is evidenced by a not
Hearing Date
October 14, 2015
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Nature of Proceedings: Case Management Conference; Demurrer to First Amended Complaint
TENTATIVE RULING:
For the reasons set forth herein, the demurrer of defendant Bank of America, N.A., is sustained, with leave to amend, as to the first, second, third, fifth, sixth, seventh, and eighth causes of action of the first amended complaint, and is otherwise overruled. Plaintiff Gary Paudler shall file and serve his second amended complaint on or before October 29, 2015.
Background:
On September 13, 2011, plaintiff Gary Paudler obtained a loan from defendant American Financial Network, Inc. (AFN) for $737,047.00 (Loan). (First Amended Complaint [FAC], ¶ 8.) (Note: As written, the allegation is that the loan was for $737,047,000; a review of the other allegations of the complaint suggest this is a typo by erroneously including a comma rather than a period and also by including an extra trailing zero. This error was not corrected from the original complaint.) The Loan is evidenced by a not