Skov

Skov v. U.S. Bank National Ass'n

Good Law
143 Cal. Rptr. 3d 694·2012 Cal. App. LEXIS 779·207 Cal. App. 4th 690·2012 WL 2549811
Court of Appeal of CaliforniaJune 8, 2012No. H036483California4,304 words

Opinion

Lead Opinion

Mihara, J.

Plaintiff Andrea Skov filed an action against defendant U.S. Bank National Association (U.S. Bank), as trustee for Credit Suisse First Boston CSFB 2004-AR3, and others in which she alleged improprieties in the nonjudicial foreclosure process involving her residence. 1 The trial court sustained U.S. Bank’s demurrer to the second amended complaint and dismissed the action. Skov contends (1) the trial court improperly took judicial notice of various recorded documents and (2) the second amended complaint sufficiently pleaded her causes of action for wrongful foreclosure, unlawful business practices, and declaratory relief. We conclude that the second amended complaint sufficiently pleaded a violation of Civil Code section 2923.5. 2 Accordingly, we reverse the judgment.

I. Factual and Procedural Background

In December 2003, Skov obtained a loan of $1.5 million, which was secured by a deed of trust on her residential property in Saratoga. The deed of *694 trust identified Skov as the “Borrower,” Gateway as the “Lender,” Financial Title Company as “Trustee,” and MERS as “acting solely as a nominee for Lender and Lender’s successors and assigns.” MERS is also identified as…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.