Judge: Olivia Rosales, Case: 22NWCV00078, Date: 2022-08-04 Tentative Ruling

Case Number: 22NWCV00078    Hearing Date: August 4, 2022    Dept: SEC

MONTEJANO v. JP MORGAN CHASE BANK NATIONAL ASSOCIATION

CASE NO.:  22NWCV00078

HEARING:  08/04/22

JUDGE:  MARGARET M. BERNAL

#3

TENTATIVE ORDER

     I.        Defendants SELECT PORTFOLIO SERVICING, INC. and US BANK, NA’s Demurrer to Plaintiffs’ Complaint is SUSTAINED with 30 days leave to amend.

    II.        Defendants SELECT PORTFOLIO SERVICING, INC. and US BANK, NA’s Motion to Strike Portions of Plaintiffs’ Complaint is MOOT.

  III.        Defendant QUALITY LOAN SERVICE CORPORATION’s Demurrer to Plaintiffs’ Complaint is SUSTAINED with 30 days leave to amend.

 IV.        Defendant JPMORGAN CHASE BANK, N.A.’s Demurrer to Plaintiffs’ Complaint is SUSTAINED with 30 days leave to amend.

   V.        Defendant JPMORGAN CHASE BANK, N.A.’s Motion to Strike Portions of Plaintiffs’ Complaint is MOOT.

Moving Parties to give Notice.

The parties’ Requests for Judicial Notice are GRANTED except as to Plaintiffs’ RJN Exs. E and F. (Cal. Ev. Code §452.) Plaintiffs’ Request for Judicial Notice of Exs. E and F is DENIED—these documents are not judicially noticeable.

This action for wrongful foreclosure was filed on January 31, 2022. Plaintiffs’ MINA MONTEJANO and JUAN MORALES, an individual’s (collectively “Plaintiffs”) Complaint asserts the following causes of action: (1) Wrongful Foreclosure; (2) Cancellation of Instruments; (3) Quiet Title; (4) Violation of Cal. Civ. Code §2923.5; (5) Unfair Competition; and (6) Unjust Enrichment.

Defendants SELECT PORTFOLIO SERVICING, INC. and US BANK, NA (“Select Portfolio”); QUALITY LOAN SERVICE CORPORATION (“Quality Loan”) and Defendant JPMORGAN CHASE BANK, N.A. (“Chase”) separately demur to Plaintiffs’ Complaint.

As a threshold issue, Defendant Select Portfolio specially demurs under CCP §430.10(d) for failure to join an indispensable or necessary party because Plaintiff Juan Morales transferred his interest in the Subject Property to Juan Morales Mata, Trustee, or his successors in interest, of the LUI100 Trust dated July 10, 2019. (see Select Portfolio RJN Ex. 13.) To date, Juan Morales Mata, Trustee, or his successors in interest, of the LU100 Trust dated July 10, 2019 has not been named as a party to this action. If Juan Morales Mata, Trustee, or his successors in interest, of the LU100 Trust dated July 10, 2019 is not joined, their absence could potentially subject Defendants to a substantial risk of incurring multiple, or otherwise inconsistent obligations by reason of their claimed interest. (See CCP §389(a).) Juan Morales Mata, Trustee, or his successors in interest, of the LU100 Trust dated July 10, 2019 is a “necessary” party in this action. (CCP §430.10(d).)

The Complaint fails under CCP §430.10(d) for failure to join a necessary party. The Demurrers are SUSTAINED with 30 days leave to amend on this basis.

The Motions to Strike are rendered MOOT.