Bank of America Corp. v. Superior Court

Defendants and petitioners Bank of America Corporation, Countrywide Financial Corporation, Countrywide Home Loans, Inc., Recontrust Company, N.A., and CTC Real Estate Services (collectively, Countrywide or defendants) 1 seek a writ of mandate directing respondent superior court to vacate its order overruling Countrywide’s demurrer to the first cause of action of the operative third amended complaint (TAC), and to enter a new and different order sustaining the demurrer to said cause of action without leave to amend.

Plaintiffs and real parties in interest Paul Ronald, Lisa Ronald and 246 others (collectively, plaintiffs) allege they are borrowers who obtained Countrywide-originated residential mortgage loans. In this litigation, which is currently pending in the trial court, plaintiffs are prosecuting a variety of claims against Countrywide. This writ petition relates solely to plaintiffs’ cause of action for fraudulent concealment, which is the first cause of action of the TAC. The trial court overruled Countrywide’s demurrer to said cause *865 of action and certified its ruling for writ review pursuant to Code of Civil Procedure section 166.1 (section 166.1).…