Robinson

Robinson v. Countrywide Home Loans, Inc.

Caution
130 Cal. Rptr. 3d 811·199 Cal. App. 4th 42·2011 Cal. App. LEXIS 1178
Court of Appeal of CaliforniaSeptember 12, 2011No. E052011California1,645 words

Opinion

Lead Opinion

McKinster, J.

Plaintiffs and appellants Kenneth B. and Maria Robinson (plaintiffs) appeal from a judgment following the trial court’s order sustaining, without leave to amend, a demurrer filed by defendants and respondents Countrywide Home Loans, Inc. (Countrywide), and Mortgage Electronic Registration Systems, Inc. (MERS). 1 We conclude that the trial court properly sustained the demurrer without leave to amend.

PROCEDURAL HISTORY

On or about June 1, 2010, plaintiffs filed a second amended complaint, alleging wrongful initiation of foreclosure (first cause of action), violation of Civil Code section 2943, subdivision (b)(1) (fourth cause of action) and *44 unfair business practices (fifth cause of action). Plaintiffs also sought declaratory relief (second cause of action) and to quiet title (third cause of action).

Defendants Countrywide and MERS demurred to the first, second, third and fifth causes of action. On August 13, 2010, the court sustained the demurrer without leave to amend. On September 30, 2010, plaintiffs filed a request to dismiss the fourth cause of action only, without prejudice, and on September 30, 2010, the court entered judgment for Countrywide and…

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