15 Cited authorities

Yvanova v. New Century Mortgage Corp.
62 Cal.4th 919 (Cal. 2016) Cited 813 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
People ex rel. Lockyer v. Shamrock Foods Co.
24 Cal.4th 415 (Cal. 2000) Cited 569 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
E-Fab, Inc. v. Accountants, Inc. Services
153 Cal.App.4th 1308 (Cal. Ct. App. 2007) Cited 293 times 3 Legal Analyses
Finding that plaintiff's claims were not time-barred and reversing judgment of dismissal
Shamsian v. Atlantic Richfield Co.
107 Cal.App.4th 967 (Cal. Ct. App. 2003) Cited 195 times
Noting that the one year statute of limitations period under § 340 applies to causes of action that require an award without regard to plaintiff's actual loss
Tuolumne Jobs & Small Business Alliance v. Superior Court (Wal-Mart Stores, Inc.)
59 Cal.4th 1029 (Cal. 2014) Cited 110 times 12 Legal Analyses
Noting we will find an implied repeal only where there is no way to reconcile the two provisions
Align Technology, Inc. v. Tran
179 Cal.App.4th 949 (Cal. Ct. App. 2009) Cited 80 times
Holding "legislative purpose of former section 439, the predecessor of section 426.30 . . . was to provide for the settlement, in a single action, of all conflicting claims between the parties arising out of the same transaction" and to "avoid a multiplicity of actions"
Green v. Central Mortgage Co.
148 F. Supp. 3d 852 (N.D. Cal. 2015) Cited 52 times
Finding that "[t]he defendants' argument does not distinguish between violations of ECOA's discrimination provisions and violations of ECOA's procedural requirements" and "ECOA's procedural requirements apply regardless of whether the [discrimination elements] have been satisfied"
George v. Auto. Club of South. California
201 Cal.App.4th 1112 (Cal. Ct. App. 2011) Cited 47 times
Applying rule, but finding no ambiguity
Governing Board of Rialto Unified School District v. Mann
18 Cal.3d 819 (Cal. 1977) Cited 104 times 1 Legal Analyses
Finding that Health and Safety Code § 11361.7(b) impliedly repealed only those parts of Education Code § 13403(h) in conflict with the later enacted statute
Evans v. California Trailer Court, Inc.
28 Cal.App.4th 540 (Cal. Ct. App. 1994) Cited 60 times
Affirming judgment on the pleadings where court took judicial notice of the truth of the matters evidenced by a recorded trust deed
Section 2923.7 - Establishment of single point of contact upon borrower requesting foreclosure prevention alternative
Cal. Civ. Code § 2923.7 Cited 408 times
Discussing the nature of "single point of contact"

Notice Entry of Order

15 Cited authorities

Holding that wrongful foreclosure plaintiffs have standing to challenge void assignments of notes and deeds of trust , but not assignments that are merely voidable

Finding that plaintiff's claims were not time-barred and reversing judgment of dismissal

Noting that the one year statute of limitations period under § 340 applies to causes of action that require an award without regard to plaintiff's actual loss

Noting we will find an implied repeal only where there is no way to reconcile the two provisions

Holding "legislative purpose of former section 439, the predecessor of section 426.30 . . . was to provide for the settlement, in a single action, of all conflicting claims between the parties arising out of the same transaction" and to "avoid a multiplicity of actions"

Finding that "[t]he defendants' argument does not distinguish between violations of ECOA's discrimination provisions and violations of ECOA's procedural requirements" and "ECOA's procedural requirements apply regardless of whether the [discrimination elements] have been satisfied"

Applying rule, but finding no ambiguity

Finding that Health and Safety Code § 11361.7(b) impliedly repealed only those parts of Education Code § 13403(h) in conflict with the later enacted statute

Affirming judgment on the pleadings where court took judicial notice of the truth of the matters evidenced by a recorded trust deed

Discussing the nature of "single point of contact"