Tentative ruling issued by Judge Steve K. Austin on Jul. 30, 2020 in Contra Costa County, CA - Case no: xxxxx408

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On July 30, 2020, Judge Steve K. Austin of Contra Costa County Superior Court, Department 33, issued the following tentative ruling.

The Reference Case No.: (Subscribe to View) Contra Costa County, California. Hearing Date 07.30.2020.

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HEARING ON MOTION FOR SUMMARY JUDGMENT

FILED BY WELLS FARGO BANK, N.A.

* TENTATIVE RULING: *

The hearing is continued to August 20, 2020, at 9:00 a.m., in Department 33. The Court requests additional briefs from each side concerning the applicability of 12 C.F.R. § 1024.41(c)(1). (See Reply, filed on 6-26-20, pp. 5-6, fn. 3.) If, as defendant contends, defendant was only required to consider loan modification applications submitted more than 37

days before the scheduled trustee’s sale date, this alone would seem dispositive of plaintiff’s Second Cause of Action for violation of Civil Code section 2924.11: at the earliest, plaintiff submitted such an application on January 15, 2018, only 23 days before the scheduled trustee’s sale date.

Each side shall file pap….....

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