34 Cited authorities

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
Alvarez v. BAC Home Loans Servicing, L.P.
228 Cal.App.4th 941 (Cal. Ct. App. 2014) Cited 295 times 2 Legal Analyses
Holding that loan servicer owed a duty of care
Troyk v. Farmers Group, Inc.
171 Cal.App.4th 1305 (Cal. Ct. App. 2009) Cited 338 times 2 Legal Analyses
Holding that payment of extra money as a result of the defendant's action was sufficient for standing
Knapp v. Doherty
123 Cal.App.4th 76 (Cal. Ct. App. 2004) Cited 328 times 1 Legal Analyses
Holding with respect to other notices required to foreclose that the "trustor need not receive actual notice of the trustee's sale so long as notice is provided to the trustor that is in compliance with the statute."
Rossberg v. Bank of America, N.A.
219 Cal.App.4th 1481 (Cal. Ct. App. 2013) Cited 251 times 1 Legal Analyses
Holding that a borrower may state a cause of action under § 2923.5 by alleging the lender did not actually contact the borrower or otherwise make the required efforts to contact the borrower despite a contrary declaration in the recorded notice of default
Ladd v. County of San Mateo
12 Cal.4th 913 (Cal. 1996) Cited 369 times 2 Legal Analyses
Stating that the elements of a cause of action for negligence are a legal duty; (b) breach of such legal duty; and (c) that the breach proximately caused the resulting injury
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."
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.'"
Davenport v. Litton Loan Servicing, LP
725 F. Supp. 2d 862 (N.D. Cal. 2010) Cited 202 times
Holding that absent specific allegations that the lending party asserted its rights to foreclose in bad faith, an IIED claim will not lie in a foreclosure case
Price v. Wells Fargo Bank
213 Cal.App.3d 465 (Cal. Ct. App. 1989) Cited 342 times 1 Legal Analyses
Holding "relationship between a bank and its loan customers" not fiduciary in nature
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
Section 17200 - Unfair competition defined
Cal. Bus. & Prof. Code § 17200 Cited 18,122 times 315 Legal Analyses
Prohibiting unlawful business practices
Section 452 - Matters permitting judicial notice
Cal. Evid. Code § 452 Cited 8,110 times 1 Legal Analyses
Permitting notice to be taken of the "[o]fficial acts of the . . . judicial departments . . . of any state of the United States"
Section 430.10 - Grounds for objection by party against whom complaint or cross-complaint filed
Cal. Code Civ. Proc. § 430.10 Cited 1,043 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 2923.6 - 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"
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
Section 2923.55 - Requirements for recording notice of default
Cal. Civ. Code § 2923.55 Cited 294 times
Exploring foreclosure alternatives
Section 2924.11 - Foreclosure prevention alternatives; effect of approval
Cal. Civ. Code § 2924.11 Cited 160 times
Prohibiting dual-tracking

Notice of Demurrer And Demurrer of Defendants To Plaintiffs Complaint Memorandum of Points And Authorities

34 Cited authorities

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

Holding that loan servicer owed a duty of care

Holding that payment of extra money as a result of the defendant's action was sufficient for standing

Holding with respect to other notices required to foreclose that the "trustor need not receive actual notice of the trustee's sale so long as notice is provided to the trustor that is in compliance with the statute."

Holding that a borrower may state a cause of action under § 2923.5 by alleging the lender did not actually contact the borrower or otherwise make the required efforts to contact the borrower despite a contrary declaration in the recorded notice of default

Stating that the elements of a cause of action for negligence are a legal duty; (b) breach of such legal duty; and (c) that the breach proximately caused the resulting injury

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."

Imposing a duty is "'an expression of policy considerations leading to the legal conclusion that a plaintiff is entitled to a defendant's protection.'"

Holding that absent specific allegations that the lending party asserted its rights to foreclose in bad faith, an IIED claim will not lie in a foreclosure case

Holding "relationship between a bank and its loan customers" not fiduciary in nature

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

Prohibiting unlawful business practices

Permitting notice to be taken of the "[o]fficial acts of the . . . judicial departments . . . of any state of the United States"

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"

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"

Prohibiting the recording of foreclosure documents without verifying the right to foreclose and including inaccurate information in foreclosure-related filings

Exploring foreclosure alternatives

Prohibiting dual-tracking