Defendant Belinda Dubose’s demurrer is sustained with leave to amend as to plaintiff Arnold Beverly, and is overruled as to plaintiff Terry Lee Beverly. Plaintiff Arnold Beverly filed a complaint, using Judicial Council Form PLD-PI-001 [Rev. January 1, 2007], identifying...
KOMBEREC vs. RESIDENTIAL CREDIT SOLUTIONS
Defendants’ Motion to Strike the following from Plaintiff’s Verified First Amended Complaint is granted without leave to amend: the entirety of ¶ 41; that portion of ¶ 42, which reads, “RCS never complied with the provisions of Civil Code...
KOMBEREC vs. RESIDENTIAL CREDIT SOLUTIONS
Defendants Residential Credit Solutions and The Bank of New York Mellon f.k.a. the Bank of New York, as Trustee for the Certificateholders CWMBS, Inc. CHL Mortgage Pass-Through Trust 2006-6 Mortgage Pass-Through Certificates Series 2006-6’s general demurrer to each cause of...
MALFATTI vs. BSI FINANCIAL SERVICES
The Court rules as follows on the demurrer brought by defendant Servis One, LLC, dba BSI Financial Services, and defendant MCM Capital Partners, LLC. These two defendants are referred to collectively as “the BSI defendants.” The BSI defendants’ request...
MALFATTI vs. BSI FINANCIAL SERVICES
The Court rules as follows on the demurrer brought by defendant Bank of America, N.A. (“Bank”) and Mortgage Electronic Registration Systems, Inc. (“MERS”). These two defendants are referred to collectively as “the Bank defendants.” The Bank defendants’ demurrer is...
KUYKENDALL vs. TINER
The motion to reconsider is denied. Preliminarily, because the file does not show proof of service of the order entered on March 25th, 2016, the Court will treat the motion as timely. Code of Civil Procedure section 1008 requires that...
CASTILLO-ANTONIO vs. TAN
The Motion to Quash Service of Summons filed by defendants Fanny Sui Ping Wong and Kwong C. Wong is DENIED. Defendants shall serve and file their Answer or Demurrer to the First Amended Complaint on or before June 10, 2016. ...
MT. DIABLO U.S.D. vs. CLAYTON VALLEY
* TENTATIVE RULING: * Clayton Valley Charter High School and Governing Board of the Clayton Valley Charter High School’s demurrer to Mt. Diablo Unified School District’s First Amended Cross-Complaint is sustained in part and overruled in part. As to the...
LEE vs. BAY ALARM
* TENTATIVE RULING: * The Demurrer to Plaintiffs’ second cause of action for constructive fraud filed by Defendant Bay Alarm Company is sustained without leave to amend. (Code Civ. Proc., § 430.10, subd. (e).) Constructive fraud arises on a breach of...
GIBSON vs. CLUB CORP.
* TENTATIVE RULING: * Club Corp. Inc.’s Motion for Summary Judgment is Adjudication is GRANTED as to the First, Second, Third, Fourth, Fifth, Sixth, and Eighth Causes of Action. It is DENIED as to the Seventh Cause of Action. Accordingly,...