Tentative ruling issued by Judge John C. GASTELUM on Sep. 19, 2017 in Orange County, CA - Case no: xxxxxCJC

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On September 19, 2017, Judge John C. GASTELUM of Orange County Superior Court, Department C13, issued the following tentative ruling.

The Reference Case No.: (Subscribe to View) Orange County, California. Hearing Date 09.19.2017.

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(1) Demurrer to First Amended Complaint (FAC) (2) CMC
Tentative Ruling: Defendant Bank of America, N.A.’s demurrer to the first, second and third causes of action is SUSTAINED with 10 days leave to amend; the demurrer to the fourth cause of action is SUSTAINED without further leave to amend.
Request for Judicial Notice: The Court takes judicial notice of the documents filed in the Official Records of the Orange County Recorder’s Office, attached to Defendant’s request as Exhibits A-H. (Evid. Code, §§ 451 and 452; Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264-265.)
Meet and Confer: While counsel for Plaintiff contends he does not believe that there was a reasonable attempt to meet and confer about the issues presented in the demurrer, it appears that defense counsel’s efforts were adequate, but that the parties disagreed as to the merits of the demurrer.
First COA (Wrongful Foreclosure) and Third COA (Unfair Business Practices): The FAC fails….....

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