Plaintiff’s Motion for Reconsideration of Court’s August 14, 2020 Ruling. On August 1, 2019 the court granted defendant MERS’ motion for judgment on the pleadings on the initial complaint with ten days leave to amend. On November 8, 2019 the court sustained defendants New Penn Financial’s and Bank of New York Mellon’s unopposed demurrers to all causes of action asserted against them in the 1st amended complaint with ten days leave to amend. On January 10, 2020 the court denied plaintiff’s motion to reconsider that ruling.
On January 24, 2020 plaintiff filed a 2nd amended complaint against defendants, including defendant MERS, asserting the following causes of action: cancellation of the MERS assignment of the deed of trust as MERS is not registered as a foreign corporation; cancellation of the assignment of the deed of trust, because MERS lacked standing or legal authority to assign the subject deed of trust; breach of the implied covenant of good faith and fair dealing; violation of B