Albert Midgette v. Wells Fargo Bank, N.A., et al.
(1) DEMURRER TO FIRST AMENDED COMPLAINT;
(2) MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT
MOVING PARTY: (1) & (2) Defendant Wells Fargo Bank, N.A.
RESPONDING PARTY(S): (1) & (2) Plaintiff Albert Midgette
STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
Plaintiff alleges that Defendants have wrongfully instituted foreclosure proceedings as to Plaintiff’s home in violation of the dual tracking prohibition of the Homeowner Bill of Rights.
Defendant Wells Fargo Bank, N.A. demurs to the first amended complaint and moves to strike portions thereof.
TENTATIVE RULING:
Defendant Wells Fargo Bank, N.A.’s demurrer to the first amended complaint is OVERRULED as to the first cause of action for violation of Civil Code § 2923.6(c) and Civil Code § 2923.7(b) and SUSTAINED without leave to amend as to the first cause of action for violation of Civil Code § 2924(a)(5). The demurrer is also OVERRULED as to the second and fourth causes of
Hearing Date
June 28, 2017
Type
Other Real Property Rights Case (General Jurisdiction)
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Albert Midgette v. Wells Fargo Bank, N.A., et al.
(1) DEMURRER TO FIRST AMENDED COMPLAINT;
(2) MOTION TO STRIKE PORTIONS OF FIRST AMENDED COMPLAINT
MOVING PARTY: (1) & (2) Defendant Wells Fargo Bank, N.A.
RESPONDING PARTY(S): (1) & (2) Plaintiff Albert Midgette
STATEMENT OF MATERIAL FACTS AND/OR PROCEEDINGS:
Plaintiff alleges that Defendants have wrongfully instituted foreclosure proceedings as to Plaintiff’s home in violation of the dual tracking prohibition of the Homeowner Bill of Rights.
Defendant Wells Fargo Bank, N.A. demurs to the first amended complaint and moves to strike portions thereof.
TENTATIVE RULING:
Defendant Wells Fargo Bank, N.A.’s demurrer to the first amended complaint is OVERRULED as to the first cause of action for violation of Civil Code § 2923.6(c) and Civil Code § 2923.7(b) and SUSTAINED without leave to amend as to the first cause of action for violation of Civil Code § 2924(a)(5). The demurrer is also OVERRULED as to the second and fourth causes of