Koch, et al. v. Bank of New York Mellon, et al. (KC068405)
1. Defendant Bank of New York Mellon’s DEMURRER TO PLAINTIFFS’ VERIFIED FIRST AMENDED COMPLAINT
Respondent: NO OPPOSITION
2. Defendant Cybaer, LLC’s DEMURRER TO PLAINTIFFS’ VERIFIED FIRST AMENDED COMPLAINT
Respondent: NO OPPOSITION
TENTATIVE RULING
1-2. Demurrers
Defendants Bank of New York Mellon, and Cybaer, LLC’s demurrer to plaintiffs’ verified first amended complaint is SUSTAINED. The court will hear from Plaintiff regarding any grounds warranting leave to amend.
Defendant Bank of New York Mellon demurs to the 1st – 8th causes of action, and Defendant Cybaer, LLC demurs to the 2nd, 5th, and 7th causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain.
1ST – 2nd, 5th and 8th CAUSES OF ACTION:
WRONGFUL FORECLOSURE, SET ASIDE TRUSTEE SALE, and CANCELLATION OF INSTRUMENT:
The 1st – 2nd, 5th, and 8th causes of action are premised on the assert
Hearing Date
December 05, 2016
Type
Mortgage Foreclosure (General Jurisdiction)
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Koch, et al. v. Bank of New York Mellon, et al. (KC068405)
1. Defendant Bank of New York Mellon’s DEMURRER TO PLAINTIFFS’ VERIFIED FIRST AMENDED COMPLAINT
Respondent: NO OPPOSITION
2. Defendant Cybaer, LLC’s DEMURRER TO PLAINTIFFS’ VERIFIED FIRST AMENDED COMPLAINT
Respondent: NO OPPOSITION
TENTATIVE RULING
1-2. Demurrers
Defendants Bank of New York Mellon, and Cybaer, LLC’s demurrer to plaintiffs’ verified first amended complaint is SUSTAINED. The court will hear from Plaintiff regarding any grounds warranting leave to amend.
Defendant Bank of New York Mellon demurs to the 1st – 8th causes of action, and Defendant Cybaer, LLC demurs to the 2nd, 5th, and 7th causes of action on the grounds that they fail to state facts sufficient to constitute a cause of action and are uncertain.
1ST – 2nd, 5th and 8th CAUSES OF ACTION:
WRONGFUL FORECLOSURE, SET ASIDE TRUSTEE SALE, and CANCELLATION OF INSTRUMENT:
The 1st – 2nd, 5th, and 8th causes of action are premised on the assert