22 Cited authorities

Yvanova v. New Century Mortgage Corp.
62 Cal.4th 919 (Cal. 2016) Cited 818 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
Fontenot v. Wells Fargo Bank, N.A.
198 Cal.App.4th 256 (Cal. Ct. App. 2011) Cited 607 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”
Gomes v. Countrywide Home Loans, Inc.
192 Cal.App.4th 1149 (Cal. Ct. App. 2011) Cited 609 times 4 Legal Analyses
Holding that a plaintiff has no right to sue to contest the foreclosing beneficiary's authority to initiate or conduct a nonjudicial foreclosure because California's framework does not permit "a court action to determine whether the owner of the Note has authorized its nominee to initiate the foreclosure process" as "recognition of the right to [do so] would fundamentally undermine the nonjudicial nature of the process
Kasky v. Nike
27 Cal.4th 939 (Cal. 2002) Cited 685 times 7 Legal Analyses
Holding that statements by the defendant about the working conditions of its overseas employees were not protected by the First Amendment and could give rise to a claim for fraudulent business practices under the UCL
Allen v. City of Sacramento
234 Cal.App.4th 41 (Cal. Ct. App. 2015) Cited 437 times
Holding allegation of "a wrongful arrest or detention, without more, does not" state a claim for violation of the Bane Act
Lueras v. BAC Home Loans Servicing, LP
221 Cal.App.4th 49 (Cal. Ct. App. 2013) Cited 414 times
Holding loan service providers do not owe a plaintiff a duty of care when considering a loan modification application
Saterbak v. JPMorgan Chase Bank, N.A.
245 Cal.App.4th 808 (Cal. Ct. App. 2016) Cited 296 times 2 Legal Analyses
Holding that an assignment of a loan into a securitized trust that was allegedly forged or untimely was merely voidable and, therefore, the borrower lacked standing to challenge its validity
C.A. v. William S. Hart Union High School District
53 Cal.4th 861 (Cal. 2012) Cited 229 times 3 Legal Analyses
Finding that supervisory personnel could be vicariously liable and noting that "public school personnel may be individually liable for their negligent failure to protect students from harm at others' hands"
Khoury v. Maly's of California, Inc.
14 Cal.App.4th 612 (Cal. Ct. App. 1993) Cited 387 times
Holding that " demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures."
Thompson v. Ioane
11 Cal.App.5th 1180 (Cal. Ct. App. 2017) Cited 114 times
Holding that absent an interest in the property, a party could not allege the "reasonable apprehension" required for a cancellation of written instruments claim

Order After Hearing POS

22 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

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”

Holding that statements by the defendant about the working conditions of its overseas employees were not protected by the First Amendment and could give rise to a claim for fraudulent business practices under the UCL

Holding allegation of "a wrongful arrest or detention, without more, does not" state a claim for violation of the Bane Act

Holding loan service providers do not owe a plaintiff a duty of care when considering a loan modification application

Holding that an assignment of a loan into a securitized trust that was allegedly forged or untimely was merely voidable and, therefore, the borrower lacked standing to challenge its validity

Finding that supervisory personnel could be vicariously liable and noting that "public school personnel may be individually liable for their negligent failure to protect students from harm at others' hands"

Holding that " demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures."

Holding that absent an interest in the property, a party could not allege the "reasonable apprehension" required for a cancellation of written instruments claim