MIRANDA v. NORTHWEST TRUSTEE SERVICES, INC.
CASE NO.: VC065611
HEARING: 03/16/17
#8
TENTATIVE ORDER
Defendant DITECH FINANCIAL, LLC’s demurrer to the first amended complaint is SUSTAINED with 20 days leave to amend in part, and SUSTAINED without leave to amend in part. CCP §430.10(e).
Defendant DITECH FINANCIAL, LLC’s request for judicial notice is GRANTED. (Cal. Evid. Code § 452.)
Moving Party to give notice.
This action arises from the purported wrongful foreclosure of Plaintiff ELVA MIRANDA’s property by Defendants. The first amended complaint, filed on November 14, 2016 asserts the following causes of action: (1) wrongful foreclosure; (2) filing of inaccurate or lack of declaration; (3) breach of covenant of good faith and fair dealing; and (4) violations of California Business & Professions § 17200 et seq.
The Entirety of the SAC – Statute of Limitations
The following statutes of limitations bar seemingly appears to bar all claims: CCP §§ 338(d) [three years], 339 [two
Hearing Date
March 16, 2017
Type
Mortgage Foreclosure (General Jurisdiction)
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MIRANDA v. NORTHWEST TRUSTEE SERVICES, INC.
CASE NO.: VC065611
HEARING: 03/16/17
#8
TENTATIVE ORDER
Defendant DITECH FINANCIAL, LLC’s demurrer to the first amended complaint is SUSTAINED with 20 days leave to amend in part, and SUSTAINED without leave to amend in part. CCP §430.10(e).
Defendant DITECH FINANCIAL, LLC’s request for judicial notice is GRANTED. (Cal. Evid. Code § 452.)
Moving Party to give notice.
This action arises from the purported wrongful foreclosure of Plaintiff ELVA MIRANDA’s property by Defendants. The first amended complaint, filed on November 14, 2016 asserts the following causes of action: (1) wrongful foreclosure; (2) filing of inaccurate or lack of declaration; (3) breach of covenant of good faith and fair dealing; and (4) violations of California Business & Professions § 17200 et seq.
The Entirety of the SAC – Statute of Limitations
The following statutes of limitations bar seemingly appears to bar all claims: CCP §§ 338(d) [three years], 339 [two