Defendant U.S. Bank N.A. (“Bank”) moves to strike allegations and prayers concerning punitive damages and for treble damages (paragraph 35 and prayer paragraphs 7 and 9).

The complaint contains six Causes of Action:
1. Wrongful Foreclosure;
2. Violation of CC section 2923.6;
3. Injunctive Relief;
4. Breach of Contract;
5. Quiet Title; and
6. Declaratory Relief.

The complaint admits that Plaintiffs were in default (Paragraph 16). A notice of default was recorded. Plaintiffs allege they have a loan modification application pending “as of the date of filing of the underlying Complaint.” A Notice of Sale is attached as an exhibit to the complaint. It was recorded on July 11, 2016. This complaint was filed on August 3, 2016; it is unclear whether a modification application was pending when the Notice of Sale was recorded. The gravamen of the complaint is that foreclosu........