The Court intends to strike Ps' attempt to file a belated opposition on 1-6-16. The opposition to the original demurrer was due 12-23-15 and Ps did not file any. The continuance of the 1-7-16 hearing to this date by the Court was not done for Ps' benefit.
The Court intends to Sustain D's demurrer without leave to amend as to: C/As 1 - Wrongful foreclosure, 2 - Violation of CC 2924 (a)(6), 3 - Viol of CC 2923.5, 2923.6, 2923.55 and 2923.7 against B of A and BSI, 4 - Viol of CC 2924.17, 6 - Recission under TILA and Reg Z 15 USC 1635, 7 - Viol of B and P 17200 et seq & 8 - Viol of covenant of good faith and fair dealing: insufficient facts and no ability to amend to state a cause of action.
Court strikes demurrer as to C/A 5 - Viol of CC 2923.6 (f) as it is against D BSI only. Analysis
C/A 1 - Wrongful foreclosure
D argues that Ps have not alleged that any foreclosure has taken place. This is true.
Tentative Ruling: Sustain w/o leave.
C/A 2-Viol of CC 2924 (a)(6)
Argues that this deals wi