Defendant Fay Servicing, LLC’s Demurrer to Complaint.
On May 8, 2020 plaintiffs filed a complaint against defendants Wells Fargo Bank and Fay Servicing, LLC asserting the following causes of action: fraud, constructive fraud; negligence; negligent misrepresentation; promissory estoppel; wrongful foreclosure; breach of contract; breach of the covenant of good faith and fair dealing; violation of the Business and Professions Code (Unfair Business Practices); breach of fiduciary duty; and violation of Civil Code, §§ 2923.7 and 2924.11.
Defendant Kay Servicing, LLC demurs to all causes of action on various grounds. Plaintiffs oppose the demurrers on the following grounds: plaintiff adequately alleged a contract was assigned to defendant Fay Servicing, LLC and that Fay Servicing, LLC breached the implied covenant of good faith and fair dealing arising from that contract; plaintiffs have adequately alleged that Fay Servicing, LLC has not performed under the conditions set forth in the Califo
Hearing Date
November 06, 2020
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Defendant Fay Servicing, LLC’s Demurrer to Complaint.
On May 8, 2020 plaintiffs filed a complaint against defendants Wells Fargo Bank and Fay Servicing, LLC asserting the following causes of action: fraud, constructive fraud; negligence; negligent misrepresentation; promissory estoppel; wrongful foreclosure; breach of contract; breach of the covenant of good faith and fair dealing; violation of the Business and Professions Code (Unfair Business Practices); breach of fiduciary duty; and violation of Civil Code, §§ 2923.7 and 2924.11.
Defendant Kay Servicing, LLC demurs to all causes of action on various grounds. Plaintiffs oppose the demurrers on the following grounds: plaintiff adequately alleged a contract was assigned to defendant Fay Servicing, LLC and that Fay Servicing, LLC breached the implied covenant of good faith and fair dealing arising from that contract; plaintiffs have adequately alleged that Fay Servicing, LLC has not performed under the conditions set forth in the Califo