Judge: Peter A. Hernandez, Case: 21PSCV00999, Date: 2022-12-07 Tentative Ruling

Case Number: 21PSCV00999    Hearing Date: December 7, 2022    Dept: O

The hearing on Defendant U.S. Bank National Association as Legal Title Trustee for

Truman 2016 SC6 Title Trust’s Demurrer to Complaint is CONTINUED TO

January 23, 2023 at 9:30 a.m.

Background   

This is a wrongful foreclosure action concerning the property located at 1068 Trevecca Place in Claremont, California 91711.

On December 1, 2021, Benjamin F. Poco and Bienvenida G. Poco (“Plaintiffs”) filed a complaint, asserting causes of action against U.S. Bank National Association as Legal Title Trustee for Truman 2016 SC6 Title Trust (“Bank”) and Does 1-10 for:

1.                  Violation of California Commercial Code § 3302, et seq.

2.                  Violations of California Civil Code § 2934a(a)(1)(A), 2941

3.                  Negligent Representation

4.                  Wrongful Foreclosure

A Case Management Conference is set for January 24, 2023.

Discussion

Bank demurs to the first through fourth causes of action in Plaintiffs’ complaint, on the basis that they each fail to state facts sufficient to constitute a cause of action.

The court will continue the hearing on the demurrer to January 24, 2023 at 9:30 a.m. Moving party is instructed to file a California Rules of Court Rule 3.300-compliant Notice of Related Case in this instant case and in case styled Poco, et al. v. World Savings Bank, FSB, et al., Case No. 19PSCV00501 forthwith.

The Case Management Conference set for January 23, 2023 at 8:30 a.m. will also be held at 9:30 a.m. on the same date.