Demurrer to Cross-Complaint
SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA 25CV000007: U.S. BANK, NATIONAL ASSOCIATION, A NATIONAL BANKING ASSOCIATION, SUCCESSOR BY MERGER TO MUFG UNION BANK, N.A., vs WANG, et al. 06/04/2026 Hearing on Demurrer to Cross-Complaint Filed by Jie Wang; filed by U.S. BANK, National Association, a national banking association, successor by merger to MUFG UNION BANK, N.A., (Cross-Defendant) CRS# 169984407359 in Department 23 Tentative Ruling - 06/01/2026 Ruben Sundeen The Demurrer filed by U.S. BANK, National Association, a national banking association, successor by merger to MUFG UNION BANK, N.A., on 09/29/2025 is Sustained in Part. Plaintiff and cross-defendant U.S. Bank, National Association (Bank) demurs to the crosscomplaint filed by defendant and cross-complainants Jie Wang and Marine Garden Apartment LLC (collectively, Wang).
Bank argues that the cross-complaint fails to state causes of action for breach of contract, breach of the implied covenant of good faith and fair dealing, and wrongful foreclosure. The Court did not receive an opposition to the demurrer. For the reasons discussed below, the demurrer is overruled in part and sustained without leave to amend in part.
LEGAL STANDARD
A demurrer tests whether a complaint alleges facts sufficient to state a cause of action under any possible legal theory. (Gutierrez v. Carmax Auto Superstores California (2018) 19 Cal.App.5th 1234, 1244.) On demurrer, all material facts properly pleaded are considered as if they are true, but not contentions, deductions or conclusions of fact or law. (Lauckhart v. El Macero Homeowners Association (2023) 92 Cal.App.5th 889, 898.) Any defects must be apparent on the face of the pleading or via proper judicial notice. (Donabedian v. Mercury Ins. Co. (2004) 116 Cal.App.4th 968, 994.)
Pursuant to Evidence Code section 452(d), the Banks unopposed request for judicial notice of the Courts 7/31/2025, 8/28/2025 and 9/3/2025 orders is GRANTED. The request for judicial notice of the Complaint and the Wang declaration is GRANTED IN PART. The Court takes judicial notice of the existence of these filings but not the truth of their contents. (
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DISCUSSION
Contract Claims
SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA 25CV000007: U.S. BANK, NATIONAL ASSOCIATION, A NATIONAL BANKING ASSOCIATION, SUCCESSOR BY MERGER TO MUFG UNION BANK, N.A., vs WANG, et al. 06/04/2026 Hearing on Demurrer to Cross-Complaint Filed by Jie Wang; filed by U.S. BANK, National Association, a national banking association, successor by merger to MUFG UNION BANK, N.A., (Cross-Defendant) CRS# 169984407359 in Department 23 Wang alleges that the Bank breached the subject promissory note (Note) by refusing to accept a June 2025 mortgage payment that would have cured Wangs default. (Cross Compl. (CC) ¶¶ 7-10.)
The Bank contends that Wang cannot state a claim for breach of contract on this ground, or the related claim for breach of the implied covenant of good faith and fair dealing, because (1) Wang breached other obligations under the Note and therefore had no right to cure her default; and (2) the Courts receivership order includes factual findings that preclude Wangs contractbased claims.
In support of this argument, the Bank relies principally on the Note (which was attached to the Banks Complaint), and the Courts 8/28/2025 Order granting the Banks request for a receivership. (See Req. for Jud. Notice ¶¶ 1, 9, 10 & Exs. 8, 9.)
In the 8/28/2025 Order, the Court exercised its discretion to appoint a receiver based on the evidence submitted by both parties. (See 8/28/2025 Order at p. 3.) The evidence included declarations by the Bank, attesting to Wangs actions and omissions vis-à-vis the property, and Wangs own declaration, attesting to having used insurance proceeds to make mortgage payments, among other activities.
Although the Court agrees that the evidence it relied upon in granting the Banks receivership application may ultimately defeat Wangs contract claims, it declines to find that the same evidence precludes Wang from stating those claims. The Court also agrees that it is not obligated to accept as true factual allegations that are contradicted by judicially noticeable documents. (See Cansino v. Bank of Am. (2014) 224 Cal.App.4th 1462, 1474 [affirming order sustaining demurrer without leave to amend because factual allegations were inconsistent with judicially noticeable loan documents].)
As noted above, however, the Courts ability to take judicial notice of the truth of the contents of court filings is limited. The Banks demurrer raises evidentiary issues that are more appropriately presented via summary judgment. Accordingly, the demurrer to the first and second causes of action is OVERRULED.
Wrongful Foreclosure Claim
Wang alleges that the Bank wrongfully initiated foreclosure proceedings by recording a notice of default and filing this lawsuit for judicial foreclosure. (CC ¶¶ 19-21.) The Bank argues that Wangs claim is barred as premature because no foreclosure has taken place.
The elements of a cause of action for wrongful foreclosure are (1) [T]he trustee or mortgagee caused an illegal, fraudulent, or willfully oppressive sale of real property pursuant to a power of sale in a mortgage or deed of trust; (2) the party attacking the sale (usually but not always the trustor or mortgagor) was prejudiced or harmed; and (3) in cases where the trustor or mortgagor challenges the sale, the trustor or mortgagor tendered the amount of the secured indebtedness or
SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA 25CV000007: U.S. BANK, NATIONAL ASSOCIATION, A NATIONAL BANKING ASSOCIATION, SUCCESSOR BY MERGER TO MUFG UNION BANK, N.A., vs WANG, et al. 06/04/2026 Hearing on Demurrer to Cross-Complaint Filed by Jie Wang; filed by U.S. BANK, National Association, a national banking association, successor by merger to MUFG UNION BANK, N.A., (Cross-Defendant) CRS# 169984407359 in Department 23 was excused from tendering. (Turner v. Seterus, Inc. (2018) 27 Cal.App.5th 516, 525 (emphasis added).)
California courts do not permit debtors such as Wang to pursue preemptive litigation to challenge the right of foreclosing creditors to initiate and pursue foreclosure. (Kan v. Guild Mortg. Co. (2014) 230 Cal.App.4th 736, 74142.) The Cross-Complaint does not allege that a foreclosure has taken place, nor can it, since the gravamen of the Complaint in this action is judicial foreclosure under the deed of trust. (See Compl.) Wangs wrongful foreclosure claim is premature, and therefore barred as a matter of law.
Wang did not oppose the demurrer or identify any basis to amend the third cause of action to plead a viable claim, nor is it apparent that the claim could be successfully amended. The Court therefore denies leave to amend. The demurrer to the third cause of action is SUSTAINED WITHOUT LEAVE TO AMEND.
ORDER
The demurrer to the first and second cross-claims is OVERRULED. The demurrer to the third cross-claim is SUSTAINED WITHOUT LEAVE TO AMEND. *If a party does not timely contest the tentative ruling and appear at the hearing, the tentative ruling will become the order of the Court.*
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SUPERIOR COURT OF CALIFORNIA COUNTY OF ALAMEDA 25CV000007: U.S. BANK, NATIONAL ASSOCIATION, A NATIONAL BANKING ASSOCIATION, SUCCESSOR BY MERGER TO MUFG UNION BANK, N.A., vs WANG, et al. 06/04/2026 Hearing on Demurrer to Cross-Complaint Filed by Jie Wang; filed by U.S. BANK, National Association, a national banking association, successor by merger to MUFG UNION BANK, N.A., (Cross-Defendant) CRS# 169984407359 in Department 23 7. Enter your name and reason for contesting.
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