Tentative ruling issued by Judge Eddie C Sturgeon on Jan. 11, 2017 in San Diego County, CA - Case no: xxxxxCTL

TENTATIVE RULING

Defendant Wells Fargo Bank, N.A.'s unopposed demurrer to plaintiff Deann J. Leatherman's complaint is sustained based upon uncertainty and failure to state any valid claims. Plaintiff shall be prepared to discuss why leave to amend should be granted. Judicial notice is granted as requested. Plaintiff has failed to allege tender or facts supporting no tender is required. (Abdallah v. United Savings Bank (1996) 43 Cal.App.4th 1101, 1109.) Plaintiff contends that defendants lacked standing to foreclose because they allegedly cannot produce an endorsed copy of plaintiff's promissory note. (Complaint, page 5:1-29.) However, case law does not require the original note to be produced prior to the trustee's sale. Additionally, US Bank produced an endorsed-in-blank copy of plaintiff's promissory note during an earlier bankruptcy proceeding, which is sufficient to establish its authority to enforce plaintiffs note by foreclosing. (RJN, Ex. 6.) Thus, US Bank and its….....