Reese

BACKGROUND

“ ‘Because this case comes to us at the demurrer stage, we take as true all properly pleaded material facts — but not conclusions of fact or law.’ ” (Turner v. Victoria (2023) 15 Cal.5th 99, 109.)

savings clause stating the Legislature intended that claims under the pre-2018 versions of the HBOR be allowed to proceed. (Stats. 2018, ch. 404, § 26.)

2 In 2005, Musil executed a deed of trust for a mortgage on a property in Vacaville. SPS was the servicer for the loan.2 In 2010, Musil’s niece, Reese, was appointed as Musil’s conservator.3 In August 2014, a notice of default was recorded on the property. On September 14, 2016, a notice of trustee’s sale was recorded. On September 23, 2016, Reese applied to SPS for a loan modification. On September 27, 2016, SPS sent Reese a document telling her that the application was not complete and that she needed to submit additional documents and information. Reese spoke to an SPS employee, who told her the application would be complete once Reese submitted certain additional documents. Reese timely submitted the requested documents to complete the application. On November 10, 2016, a second notice of trustee’s sale was recorded. On…