Tentative Ruling
Re: Demurrer of Defendants GMAC Mortgage LLC, Wells Fargo Bank, N.A. and Deutsche Bank National Trust to the Faerman Plaintiffs' Complaint
1.Sustain, without leave to amend, as to the 1st cause of action for violation of the CA Rosenthal Fair Debt Collection Practices Act ("RFDCPA"). The collection of a home mortgage debt does not fall under the RFDCPA. California courts have declined to regard a residential mortgage loan as a 'debt' under the RFDCPA. (See Civil Code §1788.2(e)-(f); and Morgera v. Countrywide Home Loans, Inc. (E.D.Cal. 2010) 2010 WL 160348, *8-9).
2. The ruling on the 2nd cause of action for quiet title is dependant on whether or not the Plainitffs' condominium, located at 380 County Club Drive, Unit D, Simi Valley CA has been sold at a foreclosure sale. Sustain without leave to amend if the house has been sold at the foreclosure sale. (The court will only sustain with leave to amend if the house has not been sold at a foreclosure sale. If leave to ame