Judge: Olivia Rosales, Case: 19NWCV00899, Date: 2022-09-13 Tentative Ruling

DEPARTMENT SE-C LAW & MOTION PROCEDURES ARE AS FOLLOWS: APPEARANCES: The Court will hear oral arguments on all matters at the scheduled time of hearing. If all counsel intend to submit on the Tentative Order and do not want oral argument, please advise the clerk, in Department “C”, by calling (562-345-3702). If all sides submit on the Tentative Order and the clerk is so advised, the Tentative Order will become the final order of the court and the prevailing party shall give written Notice of Ruling per CRC 3.1312. If the Moving and Responding parties do not agree to submit on the Tentative Order, the motion will be called as calendared for hearing. There is no need to contact Department “C”, as the matter will remain on calendar for hearing. If the Moving party does not call Department “C” to submit on the Tentative Order and there is no appearance by any party, then the motion(s), at the Court’s discretion, may be taken off calendar without ruling on the motion(s). ORDERS: The minute order reflecting the Court’s Order will constitute the final Order. No additional orders should be submitted to the Court for signature unless required by law or by the Court. Prevailing party shall give written Notice of Ruling per CRC 3.1312. Minute orders, which constitute the final Order of the Court, will only be sent to the parties via U.S. mail  for the following: OSC re: sanctions, OSC re: contempt or matters taken under submission after oral arguments or briefing. Counsel or parties may request copies of all other minute orders/final orders either at the clerk’s office or in writing. If a request is in writing, a self-addressed stamped envelope and the appropriate fee for copies shall be submitted.

Case Number: 19NWCV00899    Hearing Date: September 13, 2022    Dept: SEC

BROWN v. SELECT PORTFOLIO SERVICING, INC., et al.

CASE NO.:  19NWCV00899

HEARING:  9/13/22 @ 10:30 AM

#2

TENTATIVE RULING

Defendant JPMorgan Chase Bank, N.A.’s unopposed demurrer to Plaintiff’s fourth amended complaint is SUSTAINED without leave to amend.

Moving Party to give NOTICE.

Defendant JPMorgan Chase Bank, N.A. (“Chase”) demurs to the 1^st – 6^th causes of action on the ground that they fail to state facts sufficient to constitute causes of action.

Defendant’s RJN is GRANTED.  (Ev. Code § 452.)

This action for quiet title was filed on November 25, 2019.  The operative Fourth Amended Complaint (“4AC”) asserts the following causes of action:

1.    Unfair Competition (B&P § 17200)

2.    Violation of HOBR (CC § 2923.5)

3.    Fraud

4.    Breach of Implied Covenant of Good Faith and Fair Dealing

5.    Unlawful Foreclosure

6.    Negligence

Judicially noticeable documents demonstrate the loan was assigned to U.S. Bank on behalf of Bear Stearns; Chase was never beneficiary to the deed of trust.  (RJN Exs. 1, 3 & 4.) Chase did not service or have any involvement with the loan during foreclosure proceedings, purportedly initiated while a loan modification application was pending. (4AC, ¶¶ 32-37, 46 & 58-59).  Loan servicing transferred from Chase to SPS in June 2013, a year before trustee Quality Loan Service Corporation recorded the 2014 notice of default, over five years before Quality recorded the operative notice of trustee's sale in 2018, and almost six years before the 2019 foreclosure sale. (RJN, Exs. 3-8.)  There are no facts supporting any wrongdoing on the part of Chase, or any ownership interest in Bear Stearns or the underlying loan.  Finally, Chase was not the foreclosing party; the foreclosing beneficiary is named defendant U.S. Bank and the foreclosing servicer is named defendant SPS.

Plaintiff failed to file any opposition.  Accordingly, the demurrer is SUSTAINED without leave to amend.