Motions: PHH MORTGAGE CORPORATION, successor to Ocwen Loan
Servicing’s Demurrer to the Complaint; Motion to strike portions
from the Complaint
Tentative Ruling:
To grant the Request for Judicial Notice; to sustain the demurrer; and to grant the motion to strike. Leave to amend is granted. Plaintiff is granted 20 days’ leave to file the First Amended Complaint. The time in which the complaint can be amended will run from service by the clerk of the minute order. New allegations in the First Amended Complaint are to be set in boldface type.
Explanation:
1. Judicial Notice
The court takes judicial notice of the recordation of the requested documents. (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117.)
2. Demurrer
The function of a demurrer is to test the sufficiency of a plaintiff’s pleading by raising questions of law. (Plumlee v Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plaintiff has succeeded in stating a cause of action; the co
Hearing Date
November 12, 2019
Type
26 Unlimited - Other Real Property
For full print and download access, please subscribe at https://www.trellis.law/.
Motions: PHH MORTGAGE CORPORATION, successor to Ocwen Loan
Servicing’s Demurrer to the Complaint; Motion to strike portions
from the Complaint
Tentative Ruling:
To grant the Request for Judicial Notice; to sustain the demurrer; and to grant the motion to strike. Leave to amend is granted. Plaintiff is granted 20 days’ leave to file the First Amended Complaint. The time in which the complaint can be amended will run from service by the clerk of the minute order. New allegations in the First Amended Complaint are to be set in boldface type.
Explanation:
1. Judicial Notice
The court takes judicial notice of the recordation of the requested documents. (Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117.)
2. Demurrer
The function of a demurrer is to test the sufficiency of a plaintiff’s pleading by raising questions of law. (Plumlee v Poag (1984) 150 Cal.App.3d 541, 545.) The test is whether plaintiff has succeeded in stating a cause of action; the co