Judge: Michael P. Linfield, Case: 22STCV29109, Date: 2022-12-21 Tentative Ruling

Case Number: 22STCV29109    Hearing Date: December 21, 2022    Dept: 34

SUBJECT:         Demurrer

Moving Party:  Defendants Newrez, LLC and The Bank of New York Mellon

Resp. Party:    Plaintiff Michelle Casten

The Demurrer is OVERRULED as moot.

BACKGROUND:

On September 7, 2022, Plaintiff Haverstock BLY, LLC filed its Complaint against Newrez LLC, The Bank of New York Mellon, and ZBS Law, LLP on the following causes of action:

(1)       Breach of written contract;

(2)       Breach of the covenant of good faith and fair dealing;

(3)       Wrongful foreclosure;

(4)       Negligent misrepresentation;

(5)       Intentional misrepresentation; and

(6)       Violation of California Business and Professions Code section 17200, et seq.

On November 16, 2022, Defendants Newrez, LLC and The Bank of New York Mellon filed their Demurrer to the Complaint. Defendants concurrently filed: (1) Memorandum of Points and Authorities; (2) Declaration of C. Nicole Pelcic; (3) Request for Judicial Notice; (4) Proposed Order; and (5) Proof of Service.

On December 8, 2022, Plaintiff filed its First Amended Complaint.

ANALYSIS:

        Defendants Newrez, LLC and The Bank of New York Mellon demur to Plaintiff’s Complaint. However, Plaintiff has since filed its First Amended Complaint. Therefore, the Demurrer is OVERRULED as moot.