Brothers

I. BACKGROUND

According to his second amended complaint, Brothers owns real property in Carmel Valley subject to a mortgage loan. The loan, in the amount of $1.575 million,

1 Undesignated statutory references are to the Civil Code. 2 Defendants are Bank of America, N.A. and the Bank of New York Mellon fka The Bank of New York. The two defendants jointly demurred. was issued in 2006. Brothers made all payments required on the loan through and including December 2018, at which point Brothers “fell on hard times and was no longer able to make his payments.” A notice of default was recorded in September 2019. The notice of default incorrectly reflected that Brothers had failed to make the December 2018 payment. The total default, as of August 29, 2019, was stated as $93,285.84. Defendants have refused Brothers’s informal requests to correct the recorded document.3 Brothers first alleged three causes of action: (1) violation of section 2924c; (2) violation of section 2924, subdivision (a)(1)(C); and (3) violation of the unfair competition law (UCL). He amended the complaint once with a demurrer pending and a second time after the trial court sustained a demurrer with leave to…