Fontes

Background Because this appeal arises from the sustaining of a demurrer, our summary of the factual history is drawn primarily from the operative pleading, plaintiffs' first amended complaint. Toward this end "we accept as true the properly pleaded material factual allegations of the complaint, together with facts that may properly be judicially noticed." (Crowley v. Katleman (1994) 8 Cal.4th 666, 672; Moore v. Regents of University of California (1990) 51 Cal.3d 120, 125.) On October 19, 2004, Fontes financed her Salinas residence through a loan from Washington Mutual F.A., secured by a recorded deed of trust conveying title to CRC as trustee. Washington Mutual was identified as both lender and beneficiary in the document. The deed of trust included a provision that it could, along with the accompanying promissory note, be "sold one or more times without prior notice to the Borrower. A sale might result in a change in the entity (known as the 'Loan Servicer') that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law." Shortly…