64 Cited authorities

Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.
20 Cal.4th 163 (Cal. 1999) Cited 2,440 times 22 Legal Analyses
Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"
Cervantes v. Countrywide Home Loans, Inc.
656 F.3d 1034 (9th Cir. 2011) Cited 1,386 times 3 Legal Analyses
Holding plaintiffs failed to state wrongful foreclosure claim under Arizona law because they were "in default and ha[d] not identified damages"
Yvanova v. New Century Mortgage Corp.
62 Cal.4th 919 (Cal. 2016) Cited 806 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
In re Glenfed, Inc. Securities Litigation
42 F.3d 1541 (9th Cir. 1994) Cited 1,718 times 3 Legal Analyses
Holding that plaintiffs may not "merely proclaim in the most conclusory of fashion that the defendants made false statements."
Engalla v. Permanente Med. Grp., Inc.
15 Cal.4th 951 (Cal. 1997) Cited 1,192 times
Holding that a party's "course of delay" in performing the terms of the contract, when "unreasonable or undertaken in bad faith, may provide sufficient grounds" for a finding of waiver
Hamilton v. State Farm Fire Cas. Co.
270 F.3d 778 (9th Cir. 2001) Cited 927 times 1 Legal Analyses
Holding that an initial “discharge of debt by a bankruptcy court, under these circumstances, is sufficient acceptance to provide a basis for judicial estoppel, even if the discharge is later vacated”
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
McKell v. Washington Mutual Inc.
142 Cal.App.4th 1457 (Cal. Ct. App. 2006) Cited 709 times 1 Legal Analyses
Holding that a loan transaction is a business practice under the UCL
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”
Careau & Co. v. Security Pacific Business Credit, Inc.
222 Cal.App.3d 1371 (Cal. Ct. App. 1990) Cited 929 times
Holding that a claim for breach of the implied covenant may be disregarded if it rests on the same set of facts as a claim for breach of contract
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,480 times 16 Legal Analyses
Allowing service by filing papers with the court's electronic-filing system
Section 524 - Effect of discharge
11 U.S.C. § 524 Cited 6,183 times 84 Legal Analyses
Enjoining "an act to collect, recover, or offset any such debt" without specifying that only current creditors are enjoined
Section 430.10 - Grounds for objection by party against whom complaint or cross-complaint filed
Cal. Code Civ. Proc. § 430.10 Cited 1,037 times
Explaining "[t]he party against whom a complaint ... has been filed may object, by demurrer ..., to the pleading" on the basis that "[t]he pleading does not state facts sufficient to constitute a cause of action"
Section 2923.55 - Requirements for recording notice of default
Cal. Civ. Code § 2923.55 Cited 292 times
Exploring foreclosure alternatives
Section 4 - Code establishes law of state
Cal. Code Civ. Proc. § 4 Cited 282 times
Governing an attorney's handling of a client's property

Notice of Demurrer And Demurrer of Defendants To Plaintiffs First Amended Complaint Memorandum of Points And Authorities In Support Thereof

64 Cited authorities

Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"

Holding plaintiffs failed to state wrongful foreclosure claim under Arizona law because they were "in default and ha[d] not identified damages"

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 plaintiffs may not "merely proclaim in the most conclusory of fashion that the defendants made false statements."

Holding that a party's "course of delay" in performing the terms of the contract, when "unreasonable or undertaken in bad faith, may provide sufficient grounds" for a finding of waiver

Holding that an initial “discharge of debt by a bankruptcy court, under these circumstances, is sufficient acceptance to provide a basis for judicial estoppel, even if the discharge is later vacated”

Holding that a loan servicer, as agent for the beneficiary, may record a notice of default and initiate nonjudicial foreclosure

Holding that a loan transaction is a business practice under the UCL

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 a claim for breach of the implied covenant may be disregarded if it rests on the same set of facts as a claim for breach of contract

Allowing service by filing papers with the court's electronic-filing system

Enjoining "an act to collect, recover, or offset any such debt" without specifying that only current creditors are enjoined

Explaining "[t]he party against whom a complaint ... has been filed may object, by demurrer ..., to the pleading" on the basis that "[t]he pleading does not state facts sufficient to constitute a cause of action"

Exploring foreclosure alternatives

Governing an attorney's handling of a client's property