The Court rules as follows on the demurrer brought by defendant Wells Fargo Bank, N.A. (“Wells Fargo”). The demurrer is opposed by plaintiffs Gary F. Gabin and Jennifer L. Gabin (“plaintiffs”). The demurrer is directed to plaintiffs’ First Amended Complaint...

Defendant Hudson Lending Company’s demurrer is overruled.   Plaintiff seeks declaratory relief on several issues. Defendant argues that not all issues include a present controversy. However, a demurrer does not lie to only part of a cause of action. If there...

Defendant The Peasant and the Pear, Inc.’s motion for summary judgment is denied. Defendant bears the burden of persuasion that there is no triable issue of material fact and that it is entitled to judgment as a matter of law....

Defendant Leslie Marie Rueb, an individual and Leslie Marie Rueb Trustee of the Rueb Family Revocable Trust, UTA DTD December 14, 2006’s motion for summary judgment is denied. Defendant bears the initial burden of production to make a prima facie...

Denied. The binding arbitration clause in the contract is only applicable to disputes that have first been through non-binding fee arbitration pursuant to B & P Code section 6200(a) and (c) and Section 6201(c). If either party is unsatisfied with...

Plaintiffs’ Application for Preliminary Injunction is denied. (Cal. Code Civ. Proc., section 526.) The decision to grant or deny a preliminary injunction is committed to the discretion of the trial court after the court determines two interrelated factors: (1) the...

Defendant Bank of America N.A.’s general demurrer to each cause of action within the First Amended Complaint is sustained without leave to amend. (Cal. Code Civ. Proc., section 430.10, subd. (e).) Leave to amend is denied, as Plaintiffs have not...

Defendant Bank of New York Mellon, f.k.a. The Bank of New York, as Trustee, on behalf of The Holders Of Alternative Loan Trust 2006-OA17, Mortgage Certificates Series 2006-OA17’s general demurrer to each cause of action within the First Amended Complaint...

The Court rules as follows on the demurrer brought by defendant George Priggen (“Priggen”) and defendant Spring Pine Associates, Inc. (“Spring Pine”). The demurrer is directed to plaintiff’s Second Amended Complaint (“SAC”). The demurrer addresses defendants’ alleged liability for the debts...