Tessman

FACTS AND PROCEDURAL HISTORY

In February 2012, Tessman sued respondents for wrongful foreclosure, to set aside a trustee sale and for related torts. In August 2012, she filed a second amended complaint. Her attorney was the Law Offices of Gene W. Choe. Respondents filed a demurrer to that complaint, which was set for hearing on October 9, 2012. Respondents contended that the complaint failed to state a cause of action for several reasons, including Tessman had not alleged satisfaction of the tender rule and therefore lacked standing to challenge the foreclosure. In late September 2012, Tessman filed a motion for admission pro hac vice of attorney David Bythewood of New York. The Law Offices of Gene W. Choe filed late opposition to the demurrer, but did not appear at the hearing. The court rejected the untimely opposition but stated, “nevertheless, the Court is required and has made an independent review of the second amended complaint. It does not state [a] cause [of action], and it does not appear that it will be—can be amended. So the demurrer is sustained without leave to amend.” On November 8, 2012, the court dismissed the action and entered judgment for respondents. On…