| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
|---|
Demurrer to First Amended Complaint; Joinder to Demurrer
9 Rhee vs. United Demurrer to First Amended Complaint Wholesale Mortgage LLC Defendant Newrez LLC dba Shellpoint Mortgage Servicing’s 30-2025- Demurrer to Plaintiff Thomas Rhee’s First Amended 01513641-CU- Complaint is OVERRULED in part and SUSTAINED in part OR-CJC with 10 days leave to amend.
Defendant’s request for judicial notice (ROA 57) is GRANTED.
First cause of action for violation of the Homeowner Bill of Rights - OVERRULED
Plaintiff sufficiently alleges a claim pursuant to Civil Code section 2923.7. The court need not address the other theories.
Second cause of action for wrongful foreclosure - SUSTAINED
Plaintiff does not allege tender or excuse from tender. Plaintiff alleges only “Plaintiff was in active review for loss mitigation, submitted a valid listing agreement, and had substantial equity to cure the loan.” (FAC ¶ 33.)
Third cause of action for breach of contract – OVERRULED
Plaintiff alleges sufficient facts to support a cause of action for breach of contract. (FAC ¶¶ 37-40.)
Fourth cause of action for breach of implied covenant of good faith and fair dealing - OVERRULED
As Plaintiff sufficiently alleges a cause of action for breach of contract, the Court OVERRULES the demurrer to the fourth cause of action as well.
Fifth cause of action for unfair competition – SUSTAINED
Plaintiff alleges he “made his last loan payment in January 2024” and “ceased payments in February 2024.” (FAC ¶ 17.) As the default occurred prior to the unfair acts alleged as the basis of his Unfair Competition Law claim, Plaintiff lacks standing to bring this cause of action.
Sixth cause of action for declaratory relief – OVERRULED
Redundancy is not grounds for sustaining a demurrer. (See Blickman Turkus, LP v. MF Downtown Sunnyvale, LLC (2008) 162 Cal.App.4th 858, 889-890.)
Seventh cause of action for cancellation of written instruments – SUSTAINED
Plaintiff alleges he “seeks to cancel any Grant Deed, Trustee’s Deed Upon Sale, or similar instrument purporting to grant ownership in anyone other than Plaintiff” (FAC ¶ 52) but does not allege any of the instruments are void or voidable and on what ground. (See
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Eighth cause of action for quiet title – SUSTAINED
Plaintiff has not alleged he tendered the full repayment amount as to the outstanding debt on which the deed of trust is based.
If plaintiff chooses to amend, plaintiff is ORDERED to file a red-lined and clean version of the amended pleading.
Defendant MCLP Asset Company, Inc.’s Joinder to Demurrer to First Amended Complaint
Defendant MCLP Asset Company, Inc.’s (MCLP) motion to join Defendant Newrez LLC dba Shellpoint Mortgage Servicing’s Demurrer to Plaintiff Thomas Rhee’s First Amended Complaint is DENIED.
Code of Civil Procedure section 128.7 requires motions to be signed by the attorney of record. Neither the motion nor the accompanying declaration are signed by counsel.
Moreover, MCLP has not filed a signed proof of service showing the moving papers were served. (See Code Civ. Proc., § 1005, subd. (b); Cal. Rules of Court, Rule 3.1300, subd. (c).)
Clerk to give notice.
10 Franco vs. Motion for Summary Judgment Memo’s Defendant Donald Patton Construction, Inc.’s (“DPC”) Scaffolding motion for Summary Judgment is DENIED. Norwalk Inc. 30-2024- 01401625-CU- PO-CJC