DEMURRER TO 1ST AMENDED COMPLAINT
Set for hearing on Wednesday, March 9, 2011, line 3, DEFENDANTS GREENPOINT MORTGAGE FUNDING, INC., BANK OF AMERICA HOME LOANS, GMAC MORTGAGE, LLC DEMURRER TO FIRST AMENDED COMPLAINT.
Defendants? demurrers are granted in part and overruled in part:
As to the 1st cause of action, the demurrer is overruled as to defendant Greenpoint and sustained with leave to amend as to defendants B of A and GMAC. While plaintiff has pled sufficient facts to support a claim of fraud as to Greenpoint, there are insufficient facts to show that defendants GMAC and B of A had knowledge of the fraud and intent to induce reliance. Moreover, the sheer fact that defendants have not produced the Note, without more, is not sufficient to state a cause of action. Plaintiff must plead facts that show that these defendants are not entitled to payments on the Note in this cause of action.
As to the 2nd cause of action, the Court previously sustained the demurrer without leave to
Hearing Date
March 09, 2011
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DEMURRER TO 1ST AMENDED COMPLAINT
Set for hearing on Wednesday, March 9, 2011, line 3, DEFENDANTS GREENPOINT MORTGAGE FUNDING, INC., BANK OF AMERICA HOME LOANS, GMAC MORTGAGE, LLC DEMURRER TO FIRST AMENDED COMPLAINT.
Defendants? demurrers are granted in part and overruled in part:
As to the 1st cause of action, the demurrer is overruled as to defendant Greenpoint and sustained with leave to amend as to defendants B of A and GMAC. While plaintiff has pled sufficient facts to support a claim of fraud as to Greenpoint, there are insufficient facts to show that defendants GMAC and B of A had knowledge of the fraud and intent to induce reliance. Moreover, the sheer fact that defendants have not produced the Note, without more, is not sufficient to state a cause of action. Plaintiff must plead facts that show that these defendants are not entitled to payments on the Note in this cause of action.
As to the 2nd cause of action, the Court previously sustained the demurrer without leave to