§Why CasetextPricing

Demurrer

Demurrer

26 Cited authorities

  1. 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

  2. Ragland v. U.S. Bank National Association

    209 Cal.App.4th 182 (Cal. Ct. App. 2012)   Cited 290 times
    Holding that bank had no duty of care to borrower even when it "told [her] not to make her [monthly] loan payment in order to be considered for a loan modification"

  3. Cantu v. Resolution Trust Corp.

    4 Cal.App.4th 857 (Cal. Ct. App. 1992)   Cited 518 times
    Holding that "intentional infliction of emotional distress is an injury to the person"

  4. Daniels v. Select Portfolio Servicing, Inc.

    246 Cal.App.4th 1150 (Cal. Ct. App. 2016)   Cited 232 times   2 Legal Analyses
    Holding complaint failed to adequately plead successor liability at California's demurrer stage where it did not allege that the defendant "purchased or otherwise acquired [the corporation's] principal assets"

  5. Hall v. Time Inc.

    158 Cal.App.4th 847 (Cal. Ct. App. 2008)   Cited 260 times   2 Legal Analyses
    Holding that a plaintiff has standing under the UCL "only if he or she 'has suffered injury in fact,' and 'has lost money or property as a result of the unfair competition'"

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

    14 Cal.App.4th 612 (Cal. Ct. App. 1993)   Cited 385 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."

  7. Oaks Management v. Superior Court

    145 Cal.App.4th 453 (Cal. Ct. App. 2006)   Cited 246 times   1 Legal Analyses
    Holding that absent special circumstances, a loan transaction is at arms-length and there is no fiduciary relationship between the borrower and lender

  8. Ingels v. Westwood One BroadCasting Services, Inc.

    129 Cal.App.4th 1050 (Cal. Ct. App. 2005)   Cited 157 times
    Holding that " defendant cannot be liable under § 17200 for committing 'unlawful business practices' without having violated another law"

  9. Nool v. Homeq Servicing

    653 F. Supp. 2d 1047 (E.D. Cal. 2009)   Cited 117 times
    Granting motion to dismiss FDCPA claims against defendant mortgage loan servicer because defendant was not a "debt collector"

  10. Ross v. Creel Printing Publishing Company

    100 Cal.App.4th 736 (Cal. Ct. App. 2002)   Cited 135 times
    Denying request for judicial notice in reply brief

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

    Fed. R. Civ. P. 5   Cited 23,110 times   16 Legal Analyses
    Providing for service via CM/ECF Systems

  12. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,278 times   315 Legal Analyses
    Prohibiting unlawful business practices

  13. Section 430.10 - Grounds for objection by party against whom complaint or cross-complaint filed

    Cal. Code Civ. Proc. § 430.10   Cited 1,051 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"

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

    Cal. Civ. Code § 2923.6   Cited 881 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"

  15. 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"

  16. Section 2923.55 - Requirements for recording notice of default

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

  17. Section 2923 - Lien of mortgage special, exception

    Cal. Civ. Code § 2923   Cited 78 times   1 Legal Analyses

    The lien of a mortgage is special, unless otherwise expressly agreed, and is independent of possession. Ca. Civ. Code § 2923 Enacted 1872.

  18. Section 2924.9 - Communication to borrower concerning foreclosure prevention alternatives

    Cal. Civ. Code § 2924.9   Cited 59 times

    (a) Unless a borrower has previously exhausted the first lien loan modification process offered by, or through, his or her mortgage servicer described in Section 2923.6, within five business days after recording a notice of default pursuant to Section 2924, a mortgage servicer that offers one or more foreclosure prevention alternatives shall send a written communication to the borrower that includes all of the following information: (1) That the borrower may be evaluated for a foreclosure prevention

  19. Section 226.20 - Subsequent disclosure requirements

    12 C.F.R. § 226.20   Cited 120 times
    Requiring disclosures for the consumer upon a refinancing