Judge: Stephen P. Pfahler, Case: 23CHCV01074, Date: 2023-08-17 Tentative Ruling

Case Number: 23CHCV01074    Hearing Date: September 14, 2023    Dept: F49

Dept. F-49

Date: 9-14-23

Case #23CHCV001074

Trial Date: Not Set

DEMURRER

MOVING PARTY: Defendant, Rushmore Loan Management Services, LLC

RESPONDING PARTY: Unopposed/Plaintiff, Edward Babalians, in pro per

RELIEF REQUESTED

Demurer to the Complaint

·         1^st Cause of Action: Violation of Civil Code section 2923.5

·         2^nd Cause of Action: Violation of Civil Code section 2924(a)(1)

·         3^rd Cause of Action: Violation of Civil Code section 2924.9

·         4^th Cause of Action: Wrongful Foreclosure

·         5^th Cause of Action: Interpleader

·         6^th Cause of Action: Unfair Business & Practices

·         7^th Cause of Action: Cancellation of Written Instruments

Motion to Strike

SUMMARY OF ACTION

On April 13, 2023, plaintiff Edward Babalians filed a complaint for Violation of Civil Code section 2923.5, Violation of Civil Code section 2924(a)(1), Violation of Civil Code section 2924.9, Wrongful Foreclosure, Interpleader, Unfair Business & Practices, and Cancellation of Written Instruments.

The court granted the motion for counsel for plaintiff Babalians to be relieved as counsel of record on August 17, 2023.

RULING

Demurrer: Sustained with Leave to Amend.

Request for Judicial Notice: Granted.

Defendant Rushmore Loan Management Services, LLC submits a demurrer to the entire complaint. The court granted the motion for counsel for plaintiff Babalians to be relieved as counsel of record on August 17, 2023. The court electronic filing system shows no substitution of counsel, and Plaintiff in pro per otherwise filed no opposition to the motion, or filed a first amended complaint (assuming the motion was forwarded by former counsel, since motion was served on counsel prior to the order granting withdrawal).

Upon review of the demurrer, the court finds the unopposed demurrer establishes the lack of sufficient facts in support of any and all valid challenged causes of action. The court therefore sustains the demurrer with leave to amend. The motion to strike is moot.

Plaintiff is granted 60 days leave to amend. The court extends its normal amendment deadline in order to allow Plaintiff time to seek new counsel or contemplate an amended pleading in pro per. If Plaintiff fails to file any responsive pleading at the lapse of the amendment deadline, Defendant may move ex parte for dismissal of the action based on the failure to file an amended pleading. 

Motion to Strike: Moot.

Case Management Conference set for April 3, 2024.

Moving defendant to give notice to all parties.