Tentative ruling issued by Judge Steve K. Austin on Jul. 20, 2017 in Contra Costa County, CA - Case no: xxxxx644

HEARING ON DEMURRER TO COMPLAINT of GARRETT

FILED BY MTGLQ INVESTORS, LP, NEW PENN FINANCIAL LLC

* TENTATIVE RULING: *

Before the Court is a demurrer (the “Demurrer”) filed by Defendant MTGLQ Investors, LP (“MTGLQ”) and Defendant New Penn Financial LLC d/b/a Shellpoint Mortgage Servicing (“New Penn”) (collectively, “Defendants”). The Demurrer relates to the Complaint filed by Plaintiff Richard Garrett and Plaintiff Kristine Garrett (collectively, “Plaintiffs”). The Complaint alleges causes of action for (1) cancellation of instruments (Civ. Code § 3412); (2) violation of Cal. Bus. & Prof. Code § 17200, et seq.; (3) declaratory relief; (4) violation of Civ. Code § 2924.17; (5)

attempted wrongful foreclosure and wrongful foreclosure (Civ. Code §§ 2924(a)(6), 2923.5, and 2923.55); and (6) breach of contract.

Defendants demur pursuant to Code of Civil Procedure § 430.41(e) on the grounds that Plaintiffs have failed to allege facts suffi….....