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Hearing Demurrer

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22 Cited authorities

  1. Yvanova v. New Century Mortgage Corp.

    62 Cal.4th 919 (Cal. 2016)   Cited 808 times   4 Legal Analyses
    Holding that wrongful foreclosure plaintiffs have standing to challenge void assignments of notes and deeds of trust , but not assignments that are merely voidable

  2. Badie v. Bank of America

    67 Cal.App.4th 779 (Cal. Ct. App. 1998)   Cited 1,282 times   1 Legal Analyses
    Holding that a credit card company could not introduce an alternative dispute resolution provision through a "bill stuffer" where nothing in the original agreement mentioned dispute resolution

  3. Jenkins v. JP Morgan Chase Bank, N.A.

    216 Cal.App.4th 497 (Cal. Ct. App. 2013)   Cited 575 times   6 Legal Analyses
    Holding that a loan servicer, as agent for the beneficiary, may record a notice of default and initiate nonjudicial foreclosure

  4. Fontenot v. Wells Fargo Bank, N.A.

    198 Cal.App.4th 256 (Cal. Ct. App. 2011)   Cited 603 times   4 Legal Analyses
    Holding that, while MERS did not have “its own right to assign the note, since it had no interest in the note to assign,” it had the power to assign the note as the lender's “nominee” or “agent”

  5. People ex rel. Lockyer v. Shamrock Foods Co.

    24 Cal.4th 415 (Cal. 2000)   Cited 567 times

    S082325 Filed November 6, 2000 Appeal from Superior Court, San Diego County, No. 702204, Robert J. O'Neill, Judge, Ct.App. 4/1 D031041, Review Granted, 73 Cal.App.4th 1396. DeCuir Somach, Somach, Simmons Dunn, Michael E. Vergara; Blodgett, Makechnie Vetne, John H. Vetne; Landels Ripley Diamond, Milberg Weiss Bershad Hynes Lerach and Sanford Svetcov for Defendant and Appellant. Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson, Roderick E. Walston and Richard M. Frank, Chief

  6. Committee on Children's Television, Inc. v. General Foods Corp.

    35 Cal.3d 197 (Cal. 1983)   Cited 712 times   1 Legal Analyses
    Holding that no fiduciary relationship existed between advertisers of cereal and consumers because "it is unnecessary to call upon the law of fiduciary relationships to perform a function for which it was not designed and is largely unsuited"

  7. People v. Woodell

    17 Cal.4th 448 (Cal. 1998)   Cited 379 times
    Holding that the record of conviction includes not only the trial court record but also an appellate opinion, at least for nonhearsay purposes

  8. Dill v. Berquist Construction Co.

    24 Cal.App.4th 1426 (Cal. Ct. App. 1994)   Cited 265 times
    Holding that service of process fails when sent generally to a business's address

  9. Ferraro v. Camarlinghi

    161 Cal.App.4th 509 (Cal. Ct. App. 2008)   Cited 160 times
    Holding section 366.2 did not time-bar action alleging decedent violated agreement for the division of her estate properties and assets

  10. Duronslet v. Kamps

    203 Cal.App.4th 717 (Cal. Ct. App. 2012)   Cited 126 times
    Holding physician-patient privilege does not apply to nurses or other medical staff working under physician's supervision or acting as physician's agent

  11. Section 470 - Forgery

    Cal. Pen. Code § 470   Cited 1,370 times
    Defining the crime of forgery

  12. Rule 3.1306 - Evidence at hearing

    Cal. R. 3.1306   Cited 119 times

    (a) Restrictions on oral testimony Evidence received at a law and motion hearing must be by declaration or request for judicial notice without testimony or cross-examination, unless the court orders otherwise for good cause shown. (b) Request to present oral testimony A party seeking permission to introduce oral evidence, except for oral evidence in rebuttal to oral evidence presented by the other party, must file, no later than three court days before the hearing, a written statement. stating the