Defendant JPMorgan Chase Bank, N.A.’s Demurrer to First Amended Complaint is overruled as to the 1st and 2nd causes of action and sustained with 15 days leave to amend as to the 3rd cause of action. Defendant’s Motion to Strike is granted with 15 days leave to amend. Defendant’s Request for Judicial Notice is granted.
Plaintiff adequately alleges claims for breach of contract and breach of the covenant of good faith and fair dealing. The contracts appear to contain an ambiguity, in that the letter attached to the Complaint as Exhibit A requires plaintiff to have an impound account for taxes and insurance, but the bottom of page 2 says, “*Borrower is still entitled to pay her own insurance premiums at her election.” Plaintiff is entitled to allege a breach of contract in that defendant could not require an impound account under the letter agreement. Plaintiff also is entitled to allege that the Loan Modification Agreement implicitly contained the impound term set forth in the letter, an