Tentative ruling issued by Judge Irma Asberry on Jun. 21, 2017 in Riverside County, CA - Case no: xxxxx732

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On June 21, 2017, Judge Irma Asberry of Riverside County Superior Court, Department 3, issued the following tentative ruling.

The Reference Case No.: (Subscribe to View) Riverside County, California. Hearing Date 06.21.2017.

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Overruled as to the fifth cause of action. Sustained as to the fourth, seventh, eighth and ninth causes of action. Plaintiff to appear to discuss these claims and if unable to articulate a legitimate way to correct the deficiencies then the demurrer is sustained without leave to amend. The request for judicial notice is granted pursuant to Fonte v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 264-265l and Evidence Code §452(d).

As to the Fourth Cause of Action for Wrongful Foreclosure, Eighth Cause of Action for Cancellation of Instrument and Ninth Cause of Action for Declaratory Relief: Wells Fargo and US Bank contend that these causes of action fail because Plaintiffs lack of standing to assert that there was a void assignment of the deed of trust. Wells Fargo and US Bank cite to Yhudai v. IMPAC Funding Corp. (2016) 1 Cal.App.5th 1252, 1259-1260, which found that the trial court properly sustained a demurrer to a wrongful foreclosure (post-foreclosure cause of act….....

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