Tentative ruling issued by Judge Gregory LEWIS on Aug. 06, 2018 in Orange County, CA - Case no: xxxxxCJC

Case Name:   Real vs. Dimon

Case No.:   (Subscribe to View)

On August 6, 2018, Judge Gregory LEWIS of Orange County Superior Court, Department C26, issued the following tentative ruling.

The Reference Case No.: (Subscribe to View) Orange County, California. Hearing Date 08.06.2018.

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Demurrer to Amended Complaint. Moving Party Defendant JPMorgan Chase Bank.
Ruling: Moving Defendant’s demurrers to the first through third causes of action are SUSTAINED, with fifteen (15) days leave to amend. Plaintiffs are reminded that causes of action that were not previously pled may not be asserted without obtaining leave. (Harris v. Wachovia Mortg., FSB (2010) 185 Cal.App.4th 1018, 1023.)
First Cause of Action for Wrongful Foreclosure. Plaintiffs seek to set aside the foreclosure sale, but failed to allege tender. (Arnolds Management Corp. v. Eischen (1984) 158 Cal.App.3d 578-79; United States Cold Storage v. Great Western Savings and Loan Association (1985) 165 Cal.App.3d 1214, 1222.) The SAC also fails to plead facts sufficient to support the element of an illegal, fraudulent, or willfully oppressive sale of real property a claim for wrongful foreclosure. (Munger v. Moore (1970) 11 Cal.App.3d 1, 7.)
2007 Forged Blank Endorsement. A defect in the endorsement ….....

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