Steinke

I. INTRODUCTION

On November 14, 2011, plaintiffs and appellants, Richard P. and Carolyn K.

Steinke, filed a first amended complaint to set aside a foreclosure sale. A second cause of

action, for alleged bad faith negotiation and fraud, was also alleged.

On January 31, 2012, the trial court sustained defendant and respondent, Bank of

America, N.A.’s (the Bank), demurrer to the first amended complaint without leave to

amend.

Plaintiffs appeal.

II. STANDARD OF REVIEW

A demurrer tests the sufficiency of the factual allegations of the complaint to state

a cause of action. (Code Civ. Proc., § 430.10, subd. (e).)

In reviewing a general demurrer, the facts pled are assumed to be true and the only

issue is whether they are legally sufficient to state a cause of action. “In reviewing the

sufficiency of a complaint against a general demurrer, we are guided by long-settled

rules. ‘We treat the demurrer as admitting all material facts properly pleaded, but not

contentions, deductions or conclusions of fact or law. [Citation.] We also consider

matters which may be judicially noticed.’ [Citation.] Further, we give the complaint a

reasonable interpretation, reading it as a whole…