2. CV60992 Monica Dunkel v. Wells Fargo Bank, N.A., et al.
Pleading: Demurrer to first amended complaint
Demurring party: Defendant Wells Fargo Bank, N.A.
Demurrer filed: December 14, 2017
Tentative ruling: The unopposed demurrer is SUSTAINED with 20 days leave to amend.
Analysis
Plaintiff’s first amended complaint (FAC) was filed on October 10, 2017. It appears to allege three causes of action: (1) violation of the California Homeowner Bill of Rights (HBOR) by dual tracking [see footnote below] (2) quiet title, and (3) wrongful foreclosure. All causes of action appear to be based on the same basic set of alleged facts: foreclosure sale of Plaintiff’s real property in Sonora in August 2017 prior to denial of Plaintiff’s pending application for loan modification.
Defendant Wells Fargo Bank, N.A. (hereafter Wells Fargo) demurs to all three causes of action on the ground that they fail to state facts sufficient to constitute a cause of action.
The HBOR was amended effective Januar
Hearing Date
May 04, 2018
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2. CV60992 Monica Dunkel v. Wells Fargo Bank, N.A., et al.
Pleading: Demurrer to first amended complaint
Demurring party: Defendant Wells Fargo Bank, N.A.
Demurrer filed: December 14, 2017
Tentative ruling: The unopposed demurrer is SUSTAINED with 20 days leave to amend.
Analysis
Plaintiff’s first amended complaint (FAC) was filed on October 10, 2017. It appears to allege three causes of action: (1) violation of the California Homeowner Bill of Rights (HBOR) by dual tracking [see footnote below] (2) quiet title, and (3) wrongful foreclosure. All causes of action appear to be based on the same basic set of alleged facts: foreclosure sale of Plaintiff’s real property in Sonora in August 2017 prior to denial of Plaintiff’s pending application for loan modification.
Defendant Wells Fargo Bank, N.A. (hereafter Wells Fargo) demurs to all three causes of action on the ground that they fail to state facts sufficient to constitute a cause of action.
The HBOR was amended effective Januar