Judge: Richard S. Whitney, Case: 37-2023-00029763-CU-OR-CTL, Date: 2024-03-15 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - March 14, 2024

03/15/2024  10:30:00 AM  C-68 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Richard S. Whitney

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Civil - Unlimited  Other Real Property Demurrer / Motion to Strike 37-2023-00029763-CU-OR-CTL BORNEMAN VS WELLS FARGO BANK NA [IMAGED] CAUSAL DOCUMENT/DATE FILED:

TENTATIVE RULING: DEFENDANTS WELLS FARGO BANK, N.A. AND BARRETT DAFFIN FRAPPIER TREDER & WEISS d.b.a. BDF LAW GROUP'S DEMURRER TO PLAINTIFF'S COMPLAINT is SUSTAINED without leave to amend.

Failure to file opposition to the demurrer indicates Plaintiff Brian Borneman's ('Plaintiff') acquiescence that the demurrer is meritorious. (L.R. 2.1.19(B) ['The court may deem a lack of opposition to be a concession that a motion is meritorious']; See California Rules of Court, Rule 8.54(c).) Plaintiff does not dispute that Defendants WELLS FARGO BANK, N.A. and BARRETT DAFFIN FRAPPIER TREDER & WEISS d.b.a. BDF LAW GROUP ('Defendants') have demonstrated that they do not have and/or claim an interest in the subject property given the loan was paid off, the deed of trust was release, and a substitution of trustee was filed. Therefore, the claims for quiet title and declaratory relief necessarily fail.

The demurrer is sustained. The burden of proving 'a reasonable possibility that the defect can be cured by amendment' is 'squarely on the plaintiff.' (Blank v. Kirwan (1985) 39 Cal.3d 311, 318.) Plaintiff has not met that burden. The demurrer is sustained without leave to amend.

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