TENTATIVE RULING
Defendants’ demurrer to the FAC is SUSTAINED with 20 days’ leave to amend as to the First through Twelfth Causes of Action, and Fourteenth Cause of Action. The demurrer to the Thirteenth and Fifteenth Cause of Action is SUSTAINED WITHOUT LEAVE TO AMEND.
INTRODUCTION
Defendants Bank of America, N.A. (“BANA”), ReconTrust Company, N.A. (“ReconTrust”), PHH Mortgage Corporation, successor by merger to Ocwen Loan Servicing, LLC, erroneously sued as “Ocwen Loan Servicing, LLC” and “PHH Mortgage services” (“PHH”), Mortgage Electronic Registration Systems, Inc. (“MERS”), and U.S. Bank National Association, as Trustee for Lehman XS Trust, Series 2006-GP4, erroneously sued as “U.S. Bank, National Association, as Trustee for Lehman XS Trust, Series-GPA” (“U.S. Bank”)(collectively, “Defendants”) demur to Plaintiff’s First Amended Complaint (“FAC”) on that grounds that the FAC, nor any of its causes of action, state facts sufficient to constitute a cause of action against Defenda
Hearing Date
February 06, 2020
Type
Mortgage Foreclosure (General Jurisdiction)
For full print and download access, please subscribe at https://www.trellis.law/.
TENTATIVE RULING
Defendants’ demurrer to the FAC is SUSTAINED with 20 days’ leave to amend as to the First through Twelfth Causes of Action, and Fourteenth Cause of Action. The demurrer to the Thirteenth and Fifteenth Cause of Action is SUSTAINED WITHOUT LEAVE TO AMEND.
INTRODUCTION
Defendants Bank of America, N.A. (“BANA”), ReconTrust Company, N.A. (“ReconTrust”), PHH Mortgage Corporation, successor by merger to Ocwen Loan Servicing, LLC, erroneously sued as “Ocwen Loan Servicing, LLC” and “PHH Mortgage services” (“PHH”), Mortgage Electronic Registration Systems, Inc. (“MERS”), and U.S. Bank National Association, as Trustee for Lehman XS Trust, Series 2006-GP4, erroneously sued as “U.S. Bank, National Association, as Trustee for Lehman XS Trust, Series-GPA” (“U.S. Bank”)(collectively, “Defendants”) demur to Plaintiff’s First Amended Complaint (“FAC”) on that grounds that the FAC, nor any of its causes of action, state facts sufficient to constitute a cause of action against Defenda