Valbuena

Filed 5/21/15; mod. & pub. order 6/19/15 (see end of opn.)

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

AMADO VALBUENA et al., B256378

Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. BC508248) v.

OCWEN LOAN SERVICING, LLC,

Defendant and Respondent.

APPEAL from a judgment of the Superior Court of Los Angeles County. Robert Leslie Hess, Judge. Reversed. Gomez & Simone, Mark A. Gomez and Stuart R. Simone for Plaintiffs and Appellants. Wright Finlay & Zak, Nicole S. Dunn and T. Robert Finlay for Defendant and Respondent. Plaintiffs Amado and Myrna Valbuena sued Ocwen Loan Servicing, LLC (“Ocwen”) following their lender’s purchase of their residence at a non-judicial foreclosure sale. They allege that Ocwen violated Civil Code section 2923.6, the prohibition on “dual tracking” contained in the Homeowners Bill of Rights, when it conducted a foreclosure sale of their property while their loan modification application was pending. The trial court sustained Ocwen’s demurrer, ruling that plaintiffs’ failure to allege tender of the loan balance defeated their…