The motion for judgment on the pleadings, filed by defendants Wells Fargo Bank, N.A. and U.S. Bank National Association, is granted as to the 3rd cause of action without leave to amend. The motion is denied as to the 5th cause of action for an accounting.
Preliminary Matters
Defendant's request for judicial notice is granted. However, while the Court takes judicial notice of the documents, it does not take notice of the truth of the matters asserted therein. See Herrera v. Deutsche Bank Nat. Trust Co. (2011) 196 Cal.App.4th 1366, 1375 ("[t]aking judicial notice of a document is not the same as accepting the truth of its contents").
Factual and Procedural Background
This is a pre-foreclosure action. According to the complaint, plaintiffs Daniel Najor and Linda Najor obtained a loan from Wells Fargo secured by a deed of trust ("DOT"). Compl., ¶ 35. Plaintiffs suffered financial hardship and a Notice of Default was recorded in June 2016. Id. at ¶¶ 40-41. Plaintiffs have been unable
Hearing Date
December 15, 2016
Category
Civil - Unlimited
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The motion for judgment on the pleadings, filed by defendants Wells Fargo Bank, N.A. and U.S. Bank National Association, is granted as to the 3rd cause of action without leave to amend. The motion is denied as to the 5th cause of action for an accounting.
Preliminary Matters
Defendant's request for judicial notice is granted. However, while the Court takes judicial notice of the documents, it does not take notice of the truth of the matters asserted therein. See Herrera v. Deutsche Bank Nat. Trust Co. (2011) 196 Cal.App.4th 1366, 1375 ("[t]aking judicial notice of a document is not the same as accepting the truth of its contents").
Factual and Procedural Background
This is a pre-foreclosure action. According to the complaint, plaintiffs Daniel Najor and Linda Najor obtained a loan from Wells Fargo secured by a deed of trust ("DOT"). Compl., ¶ 35. Plaintiffs suffered financial hardship and a Notice of Default was recorded in June 2016. Id. at ¶¶ 40-41. Plaintiffs have been unable