Dixon

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.) Plaintiffs initiated this action on August 13, 2013. In their first amended complaint, filed September 10, 2013, they asserted a single cause of action for quiet title, 1 naming Homecomings Financial, LLC (Homecomings) and Nationstar. Homecomings subsequently filed for bankruptcy and disclaimed any interest in the property, and 2 according to the parties, was dismissed from the lawsuit in November 2013. The first amended complaint contained the claim, “[u]pon information and belief,” that plaintiffs held “free and clear title” to the property at issue, and they sought an order “to establish that fact.” Nationstar responded two months later with their demurrer, asserting two challenges to the sufficiency of…