Superior Court of California

County of Los Angeles

DEPARTMENT 17

TENTATIVE RULING

ASSADULLAH SHAHAND; SABAITIP SHAHAND vs. NATIONSTAR MORTGAGE, LLC dba MR.COOPER, et al.

Case No.: 18STCV07007

Hearing Date: November 18, 2020

AND RELATED CROSS-ACTIONS

Cross-Defendants’ demurrer to the SXC is sustained, with leave to amend.

Plaintiffs Assadullah Shahand and Sabaitip Shahand (Plaintiffs) filed suit against Nationstar Mortgage, LLC, dba Mr. Cooper (Nationstar), U.S. Bank, as trustee for Structured Adjustable Rate Mortgage Loan Trust, Mortgage Pass-Through Certificates, Series 2005-9 (U.S. Bank); and Clear Recon Corp. (Clear).

On March 12, 2019, Nationstar and U.S. Bank, as Cross-Complainants, filed a cross-complaint against the Shahands, Sionita C. Angeles, Manual Osmena (Mr.Osmena), and Tip Top Merchandizing, Inc. (Tip Top). Cross-Complainants second amended cross complaint (SAXC) sets forth claims for: (1) unjust enrichment; (2) Penal Code section 496; (3) fraud; (4) declaratory