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November 16, 2018
Los Angeles County, CA
Mortgage Foreclosure (General Jurisdiction)
AVANESIAN MICHAEL - Attorney for Plaintiff
JENSEN SANDRA - Plaintiff
JENSEN SANDRA AN INDIVIDUAL - Plaintiff
JINDAL NEERU - Attorney for Defendant
JT LEGAL GROUP APC - Attorney for Plaintiff
PRESTIGE DEFAULT SERVICES - Defendant
SPECIALIZED LOAN SERVICING - Defendant
THE BANK OF NEW YORK AS SUCCESSOR - Defendant
THE BANK OF NEW YORK MELLON - Defendant
Demurrer to the first cause of action for breach of contract and second cause of action for breach of covenant of good faith and fair dealing is sustained on the ground the pleading fails to allege performance or excuse for non-performance by plaintiff. The cause of action for breach of implied covenant also fails to allege any breach of an implied covenant, as opposed to an express covenant. The causes of action also do not appear to be appropriately asserted against defendant Specialized Loan Servicing, which does not appear to be a party to the alleged contract or the deed of trust. Demurrer to the third cause of action for negligence and fourth cause of action for NIED is sustained on the ground the complaint fails to allege facts giving rise to a legal duty of care on the part of defendants. Although the opposition seems to argue that there was a duty to review a loan modification application once such an application was submitted, no facts supporting such an a........
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