Freitas

Freitas v. Clear Recon Corp CA1/1

Good Law
Court of Appeal of CaliforniaDecember 8, 2021A160762California1,335 words

Opinion

Opinion

Margulies, J.

I. BACKGROUND

Plaintiff filed the complaint in this matter in 2018, asserting various causes of action arising from defendants’ alleged activities with regard to the servicing and modification of residential loans and nonjudicial foreclosure proceedings. While normally we would set forth the material facts based on

We resolve this case by memorandum opinion under California

Standards of Judicial Administration, section 8.1. The matter has been submitted. (Cal. Rules of Court,

rule 8.256(d)(1).) the allegations of the operative complaint and matters we may judicially notice, our ability to do so here is limited by the fact that the third amended complaint does not appear in the record, nor do the demurrers of defendants Clear Recon Corp and Nationstar Mortgage LLC. From the record before us, we know that the trial court sustained demurrers to the third amended complaint as to both defendants without leave to amend on June 22, 2020, that dismissals were entered as to both defendants in July and August 2020, and that plaintiff timely appealed.

II. DISCUSSION

Plaintiff contends the trial court erred in sustaining defendants’ demurrers to his third amended complaint. “On…

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