DARRELL GEOFROY, et. al. Plaintiff, vs. SPECIALIZED LOAN SERVICING LLC; et. al. Defendants.
CASE NO: 19VECV01636
[TENTATIVE] ORDER RE:
DEMURRER
Dept. T
8:30 a.m.
August 17, 2020
[TENTATIVE] ORDER: The Demurrer to the Complaint is SUSTAINED WITH LEAVE TO AMEND. The Request for Judicial Notice is GRANTED.
Introduction
Defendant Specialized Loan Servicing LLC (“Defendant”) demurs to the Complaint filed by Plaintiffs Darrell Geoffroy (“Geoffroy”) and Emily Green (“Green”) (collectively “Plaintiffs.”) The Complaint only has one cause of action (“COA”) for quiet title.
Discussion
The Complaint alleges that Defendant’s claim to the property is improper because the secured debt with Trimerica Mortgage Corporation dba Avaris Capital for $100,000 was discharged in bankruptcy. (Compl. ¿¿15-16, Exh. C & D.) Further, Plaintiffs allege that Defendant is not identified on the deed of trust and also failed to provide documentation to support their claim. (Compl. ¿17.) The demurrer raised is
Hearing Date
August 17, 2020
Type
Quiet Title (General Jurisdiction)
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DARRELL GEOFROY, et. al. Plaintiff, vs. SPECIALIZED LOAN SERVICING LLC; et. al. Defendants.
CASE NO: 19VECV01636
[TENTATIVE] ORDER RE:
DEMURRER
Dept. T
8:30 a.m.
August 17, 2020
[TENTATIVE] ORDER: The Demurrer to the Complaint is SUSTAINED WITH LEAVE TO AMEND. The Request for Judicial Notice is GRANTED.
Introduction
Defendant Specialized Loan Servicing LLC (“Defendant”) demurs to the Complaint filed by Plaintiffs Darrell Geoffroy (“Geoffroy”) and Emily Green (“Green”) (collectively “Plaintiffs.”) The Complaint only has one cause of action (“COA”) for quiet title.
Discussion
The Complaint alleges that Defendant’s claim to the property is improper because the secured debt with Trimerica Mortgage Corporation dba Avaris Capital for $100,000 was discharged in bankruptcy. (Compl. ¿¿15-16, Exh. C & D.) Further, Plaintiffs allege that Defendant is not identified on the deed of trust and also failed to provide documentation to support their claim. (Compl. ¿17.) The demurrer raised is