The Demurrer is SUSTAINED without leave to amend as to the fourth, fifth, ninth, tenth, eleventh and twelfth causes of action. The demurring Defendants are not parties to the loan transaction and/or Promissory Note and thus are not proper parties to the causes of action for rescission, cancellation of instrument, usury and unjust enrichment. Further, because Plaintiff’s demands for injunctive and declaratory relief are based solely upon the loan transaction at issue, the claims are likewise not properly pleaded against the demurring Defendants.
Hearing Date
November 09, 2017
For full print and download access, please subscribe at https://www.trellis.law/.
The Demurrer is SUSTAINED without leave to amend as to the fourth, fifth, ninth, tenth, eleventh and twelfth causes of action. The demurring Defendants are not parties to the loan transaction and/or Promissory Note and thus are not proper parties to the causes of action for rescission, cancellation of instrument, usury and unjust enrichment. Further, because Plaintiff’s demands for injunctive and declaratory relief are based solely upon the loan transaction at issue, the claims are likewise not properly pleaded against the demurring Defendants.