Superior Court of California
County of Los Angeles
DEPARTMENT 71
TENTATIVE RULING
TRACY FONTENETTE ALLEN, vs. SELECTIVE PORTFOLIO SERVICING, INC., et al.
Case No.: 20STCV09646
Hearing Date: October 20, 2020
Defendants’ demurrer is sustained with 20 days leave to amend.
Defendants Select Portfolio Servicing, Inc. (“SPS”) and The Bank of New York Mellon, as Successor Trustee f/b/o Holders of Structured Asset-Mortgage Investments II, Inc.; Bear Stearns Alt-A Trust 2006-2; Mortgage Pass-Through Certificates, Series 2006-2 (“BNYM”) (collectively “Defendants”) demur to the 1st (temporary restraining order (“TRO”) and preliminary injunction), 2nd (unfair business practices), 3rd (declaratory relief), and 4th (violation of California Homeowners Bill of Rights (“HBOR”)) causes of action in the complaint of Plaintiff Tracy Fontenette Allen (“Plaintiff”). Defendants demur on the following grounds: (1) Plaintiff fails to include a necessary and indispensable party to the action; and (2) Pl
Hearing Date
October 20, 2020
Type
Other Real Property (not eminent domain, landlord/tenant, foreclosure) (General Jurisdiction)
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Superior Court of California
County of Los Angeles
DEPARTMENT 71
TENTATIVE RULING
TRACY FONTENETTE ALLEN, vs. SELECTIVE PORTFOLIO SERVICING, INC., et al.
Case No.: 20STCV09646
Hearing Date: October 20, 2020
Defendants’ demurrer is sustained with 20 days leave to amend.
Defendants Select Portfolio Servicing, Inc. (“SPS”) and The Bank of New York Mellon, as Successor Trustee f/b/o Holders of Structured Asset-Mortgage Investments II, Inc.; Bear Stearns Alt-A Trust 2006-2; Mortgage Pass-Through Certificates, Series 2006-2 (“BNYM”) (collectively “Defendants”) demur to the 1st (temporary restraining order (“TRO”) and preliminary injunction), 2nd (unfair business practices), 3rd (declaratory relief), and 4th (violation of California Homeowners Bill of Rights (“HBOR”)) causes of action in the complaint of Plaintiff Tracy Fontenette Allen (“Plaintiff”). Defendants demur on the following grounds: (1) Plaintiff fails to include a necessary and indispensable party to the action; and (2) Pl