matthew hoffman, et al.; Plaintiff, vs. u.s. bank, n.a., et al.; Defendants.

Case No.: BC711293

Hearing Date: September 17, 2020

[TENTATIVE] RULING RE:

Defendant u.s. bank n.a., as trustee for lehman xs trust mortgage pass-through certificates series 2007-7n’s DEMURRER TO THE FIRST AMENDED COMPLAINT

Defendant U.S. Bank, N.A.’s Demurrer to the First Amended is SUSTAINED without leave to amend.

Factual Background

This is an action for wrongful foreclosure. The Complaint alleges as follows. Plaintiffs Matthew Hoffman and Julia Hoffman (“the Hoffmans” and “Plaintiffs”) purchased the subject property on March 28, 2007 for $1,159,000. (Compl. ¶ 6.) The Hoffmans made a down payment of $116,100, plus executed a first promissory note/deed of trust for $927,000 and a second promissory note/deed of trust for $115,900 with Countrywide Bank (“Countrywide”). (Compl. ¶ 7.) On July 31, 2009, Countrywide Bank recorded a Notice of Default following missing mortgage payments, and the Hoffmans requ