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Sanjiv Pai vs. Select Portfolio Servicing, Inc.

Demurrer to Complaint

38 Cited authorities

  1. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,452 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"

  2. McKell v. Washington Mutual Inc.

    142 Cal.App.4th 1457 (Cal. Ct. App. 2006)   Cited 710 times   1 Legal Analyses
    Holding that a loan transaction is a business practice under the UCL

  3. Nymark v. Heart Fed. Sav. & Loan Ass'n

    231 Cal.App.3d 1089 (Cal. Ct. App. 1991)   Cited 1,048 times   6 Legal Analyses
    Holding that, ordinarily, a financial institution acting within the scope of its conventional activities as a lender owes no duty of care to a borrower

  4. Durell v. Sharp Healthcare

    183 Cal.App.4th 1350 (Cal. Ct. App. 2010)   Cited 543 times   3 Legal Analyses
    Holding that actual reliance is an element of CUCL claims under the unlawful prong

  5. Careau & Co. v. Security Pacific Business Credit, Inc.

    222 Cal.App.3d 1371 (Cal. Ct. App. 1990)   Cited 933 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

  6. Lueras v. BAC Home Loans Servicing, LP

    221 Cal.App.4th 49 (Cal. Ct. App. 2013)   Cited 410 times
    Holding loan service providers do not owe a plaintiff a duty of care when considering a loan modification application

  7. Saunders v. Superior Court

    27 Cal.App.4th 832 (Cal. Ct. App. 1994)   Cited 548 times
    Finding that aiding and abetting requires actual knowledge

  8. Khoury v. Maly's of California, Inc.

    14 Cal.App.4th 612 (Cal. Ct. App. 1993)   Cited 383 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."

  9. Goodman v. Kennedy

    18 Cal.3d 335 (Cal. 1976)   Cited 612 times   1 Legal Analyses
    Holding that defendant attorney owed no duty to third parties who relied on faulty advice the attorney gave his clients "in the absence of any showing that the legal advice was foreseeably transmitted to or relied upon by plaintiffs or that plaintiffs were intended beneficiaries of a transaction to which the advice pertained"

  10. Vasquez v. Residential Investments, Inc.

    118 Cal.App.4th 269 (Cal. Ct. App. 2004)   Cited 245 times
    Imposing a duty is "'an expression of policy considerations leading to the legal conclusion that a plaintiff is entitled to a defendant's protection.'"

  11. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,753 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  12. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,123 times   315 Legal Analyses
    Prohibiting unlawful business practices

  13. Section 2923.6 - Agreement by mortgage servicer to implement loan modification or workout plan

    Cal. Civ. Code § 2923.6   Cited 879 times   3 Legal Analyses
    Authorizing a lender to pursue foreclosure against a defaulted borrower if "[t]he borrower accepts a written first lien loan modification, but defaults on, or otherwise breaches the borrower's obligations under, the first lien loan modification"

  14. Section 2924.12 - Enjoining violations; liability for violations

    Cal. Civ. Code § 2924.12   Cited 415 times   3 Legal Analyses
    Providing that, "[i]f a trustee's deed upon sale has not been recorded, a borrower may bring an action for injunctive relief to enjoin a material violation of [inter alia] Section . . . 2323.6 2923.7"

  15. Section 2924.17 - Recording documents

    Cal. Civ. Code § 2924.17   Cited 295 times   1 Legal Analyses
    Prohibiting the recording of foreclosure documents without verifying the right to foreclose and including inaccurate information in foreclosure-related filings

  16. Section 2923.55 - Requirements for recording notice of default

    Cal. Civ. Code § 2923.55   Cited 294 times
    Exploring foreclosure alternatives

  17. Rule 2.112 - Separate causes of action, counts, and defenses

    Cal. R. 2.112   Cited 55 times

    Each separately stated cause of action, count, or defense must specifically state: (1) Its number (e.g., "first cause of action"); (2) Its nature (e.g., "for fraud"); (3) The party asserting it if more than one party is represented on the pleading (e.g., "by plaintiff Jones"); and (4) The party or parties to whom it is directed (e.g., "against defendant Smith"). Cal. R. Ct. 2.112