1. Demurrer 2. Demurrer
RULING:
Motion 1: Demurrer to Complaint. Moving Party Defendants Specialized Loan Servicing, LLC, Michael Ward, Mortgage Electronic Registration Systems, Inc., and Wilmington Trust, National Association, as Successor Trustee to Citibank, N.A. as Trustee of Structured Asset Mortgage Investments II Inc., Bear Stearns ALT-A Trust II, Mortgage Pass-Through Certificates Series 2007-1 (erroneously sued as Wilmington Trust, National Association). Responding Party Plaintiff Ken Stuart.
Ruling: Defendants’ demurrer is sustained in its entirety. Plaintiff shall have 15 days leave to amend. Defendants’ request for judicial notice is granted.
Res Judicata/Claim Preclusion
“A clear and predictable res judicata doctrine promotes judicial economy. Under this doctrine, all claims based on the same cause of action must be decided in a single suit; if not brought initially, they may not be raised at a later date.” (Mycogen, 28 Cal.4th at 897; Federal Home Loan Bank of San Francis
Hearing Date
March 11, 2019
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1. Demurrer 2. Demurrer
RULING:
Motion 1: Demurrer to Complaint. Moving Party Defendants Specialized Loan Servicing, LLC, Michael Ward, Mortgage Electronic Registration Systems, Inc., and Wilmington Trust, National Association, as Successor Trustee to Citibank, N.A. as Trustee of Structured Asset Mortgage Investments II Inc., Bear Stearns ALT-A Trust II, Mortgage Pass-Through Certificates Series 2007-1 (erroneously sued as Wilmington Trust, National Association). Responding Party Plaintiff Ken Stuart.
Ruling: Defendants’ demurrer is sustained in its entirety. Plaintiff shall have 15 days leave to amend. Defendants’ request for judicial notice is granted.
Res Judicata/Claim Preclusion
“A clear and predictable res judicata doctrine promotes judicial economy. Under this doctrine, all claims based on the same cause of action must be decided in a single suit; if not brought initially, they may not be raised at a later date.” (Mycogen, 28 Cal.4th at 897; Federal Home Loan Bank of San Francis