WELLS FARGO BANK, N.A. and MERS’s Demurrer
TENTATIVE RULING
Defendants WELLS FARGO BANK, N.A. (“WELLS FARGO”) and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS (“MERS”) demur to Plaintiff KEVIN DARWIN’s complaint against them.
Judicial Notice. Matters subject to judicial notice may support a demurrer under Code of Civil Procedure section 430.30, subdivision (a). WELLS FARGO and MERS request judicial notice of the adjustable rate note, deed of trust, assignment of deed of trust, substitution of trustee, notice of default, notice of trustee’s sale, and trustee’s deed pertaining to the foreclosure at the heart of this case. The court takes judicial notice of the existence and legal significance of these recorded documents, and the adjustable rate note, as facts that cannot be reasonably controverted. (Ev. Code § 452, subds. (c), (h); Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117.)
Legal Standard. “The function of a demurrer is to test the sufficienc
Hearing Date
August 05, 2020
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WELLS FARGO BANK, N.A. and MERS’s Demurrer
TENTATIVE RULING
Defendants WELLS FARGO BANK, N.A. (“WELLS FARGO”) and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS (“MERS”) demur to Plaintiff KEVIN DARWIN’s complaint against them.
Judicial Notice. Matters subject to judicial notice may support a demurrer under Code of Civil Procedure section 430.30, subdivision (a). WELLS FARGO and MERS request judicial notice of the adjustable rate note, deed of trust, assignment of deed of trust, substitution of trustee, notice of default, notice of trustee’s sale, and trustee’s deed pertaining to the foreclosure at the heart of this case. The court takes judicial notice of the existence and legal significance of these recorded documents, and the adjustable rate note, as facts that cannot be reasonably controverted. (Ev. Code § 452, subds. (c), (h); Poseidon Development, Inc. v. Woodland Lane Estates, LLC (2007) 152 Cal.App.4th 1106, 1117.)
Legal Standard. “The function of a demurrer is to test the sufficienc