Dept. F-49

Calendar # 9

Date: 10-1-20 c/f 9-11-20

Case #20CHCV00362

SPECIAL MOTION TO STRIKE

MOVING PARTY: Defendants, The Wolf Firm, et al.

RESPONDING PARTY: Plaintiff, Manuel Borobia, pro per

RELIEF REQUESTED

Special Motion to Strike the Verified Complaint for Malicious Prosecution

SUMMARY OF ACTION

On May 17, 2006, Plaintiff Manuel Borobia executed a promissory note agreement with (defendant) Countrywide Home Loans for $550,000 as either part of a purchase transaction or refinance of certain real property located at 13216 Norris Ave., Sylmar. The note was secured by a deed of trust on the property. The deed of trust was subsequently assigned to Defendant Bank of New York Mellon on March 14, 2016.

On November 5, 2019, Plaintiff was declared to be in arrears for $893,301.12. A foreclosure sale occurred on this date, with Bank of New Mellon acquiring the property. Defendant, The Wolf Firm, subsequently initiated an unlawful detainer action.

Plaintiff alleges that Countrywid