DARRELL GEOFFROY, ET AL. VS SPECIALIZED LOAN SERVICING LLC, ET AL.

Case No.: 19VECV01636    

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 D........