FCS057742
Demurrers; Motion to Strike
TENTATIVE RULING
Demurrers
The demurrers filed by Defendants First American Title Insurance Company, Patrick
Reider, and Nationstar Mortgage, LLC are sustained without leave to amend.
“[W]hile a defendant’s act of improperly instituting or maintaining an action may, in an
appropriate case, give rise to a cause of action for malicious prosecution, the mere filing
or maintenance of a lawsuit – even for an improper purpose – is not a proper basis for
an abuse of process action.” (Oren Royal Oaks Venture v. Greenberg, Bernhard, Weiss &
Karma, Inc. (1986) 42 Cal.3d 1157, 1169, emphasis added.) Plaintiff’s abuse of process
claim is explicitly based on Defendants bringing and maintaining a theory of adverse
possession in their lawsui
Hearing Date
July 21, 2022
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FCS057742
Demurrers; Motion to Strike
TENTATIVE RULING
Demurrers
The demurrers filed by Defendants First American Title Insurance Company, Patrick
Reider, and Nationstar Mortgage, LLC are sustained without leave to amend.
“[W]hile a defendant’s act of improperly instituting or maintaining an action may, in an
appropriate case, give rise to a cause of action for malicious prosecution, the mere filing
or maintenance of a lawsuit – even for an improper purpose – is not a proper basis for
an abuse of process action.” (Oren Royal Oaks Venture v. Greenberg, Bernhard, Weiss &
Karma, Inc. (1986) 42 Cal.3d 1157, 1169, emphasis added.) Plaintiff’s abuse of process
claim is explicitly based on Defendants bringing and maintaining a theory of adverse
possession in their lawsui