Tentative ruling on Nov. 17, 2022 in Solano County, CA - Case no: xxxxx930

FCS057930
(1) Demurrer of Defendant BANK OF NEW YORK MELLON TRUST COMPANY,
N.A. to Complaint
(2) Demurrer of Defendant PHH MORTGAGE CORPORATION to Complaint
Page 2 of 6
TENTATIVE RULING
The demurrers by Defendant BANK OF NEW YORK MELLON TRUST COMPANY, N.A.
(“BONY”) and by Defendant PHH MORTGAGE CORPORATION (“PHH”) to the
Complaint are each sustained in part and overruled in part.
4th cause of action, for cancellation of instruments
BONY’s demurrer is overruled as to the fourth cause of action, for cancellation of
instruments.
A written instrument can be cancelled when it is “void or voidable”. Civil Code §3412.
One of the possible bases for finding a written instrument void or voidable is when the
instrument was procured by fraud on the part of the lender. U.S. Bank National Assn. v.
Naifeh (2016) 1 Cal.App.5th 767, 778.
However, fraud by the lender is not the only possible basis for voiding an instrume….....