HEARING ON MOTION FOR JUDGMENT ON THE PLEADINGS
FILED BY U.S. BANK, N.A., et al.
* TENTATIVE RULING: *
Introduction
For the following reasons, the Defendant’s Motion for Judgment on the Pleadings (hereafter “MJOP”) is granted, with leave to amend.
Procedural Background
Before the Court is a MJOP filed by Defendant Nationstar Mortgage LLC dba Mr. Cooper and Defendant U.S. Bank National Association, as Trustee for Lehman XS Trust Mortgage Pass- Through Certificates, Series 2007-5H (collectively, “Defendants”). The MJOP relates to Plaintiff Bryant Weekly as Executor of the Estate of Lucille Weekly (“Plaintiff”)’s Complaint for (1) violation of Civil Code § 2924; (2) violation of Civil Code § 2924.9; (3) wrongful foreclosure; (4) unfair business practices (Bus. & Prof. Code § 17200); and (5) cancellation of written instruments (Civ. Code § 3412). Defendants answered on April 16, 2020 and filed the instant motion on June 26, 2020.
Request for Judicial Notice
Defendants’ unopposed re
Hearing Date
September 21, 2020
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HEARING ON MOTION FOR JUDGMENT ON THE PLEADINGS
FILED BY U.S. BANK, N.A., et al.
* TENTATIVE RULING: *
Introduction
For the following reasons, the Defendant’s Motion for Judgment on the Pleadings (hereafter “MJOP”) is granted, with leave to amend.
Procedural Background
Before the Court is a MJOP filed by Defendant Nationstar Mortgage LLC dba Mr. Cooper and Defendant U.S. Bank National Association, as Trustee for Lehman XS Trust Mortgage Pass- Through Certificates, Series 2007-5H (collectively, “Defendants”). The MJOP relates to Plaintiff Bryant Weekly as Executor of the Estate of Lucille Weekly (“Plaintiff”)’s Complaint for (1) violation of Civil Code § 2924; (2) violation of Civil Code § 2924.9; (3) wrongful foreclosure; (4) unfair business practices (Bus. & Prof. Code § 17200); and (5) cancellation of written instruments (Civ. Code § 3412). Defendants answered on April 16, 2020 and filed the instant motion on June 26, 2020.
Request for Judicial Notice
Defendants’ unopposed re