Sameer K. Moosani, Salman K. Moosani, Sameer K. Moosani and Salman K. Moosani, Executors of the Estate of Kader I. Moosani v. Nationstar Mortgage LLC, Quality Loan Service Corporation, HSBC Bank USA, National Association as Trustee for Structured Adjustable Rate Mortgage Loan Trust, Mortgage Pass-Through Certificates, Series 2005-7 business entity
Published: Mar. 4, 2017 | Result Date: Jan. 24, 2017 | Filing Date: Jan. 1, 1900 |Case number: 30-2016-00869925-CU-OR-CJC Bench Decision – Defense
Court
Orange Superior
Attorneys
Plaintiff
Joseph R. Manning Jr.
(Law Offices of Joseph R. Manning Jr. APC)
Defendant
Justin D. Balser
(Akerman LLP)
Facts
Plaintiffs brought a complaint for damages and equitable relief relating to the foreclosure of a residence located in Anaheim. The complaint asserted claims for violations of California Civil Code sections 2923.55, 2923.6, 2924.17; negligence; violations of California Business and Professions Code section 17200; and demand for accounting.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that defendants wrongfully foreclosed on their residence.
DEFENDANTS' CONTENTIONS:
In their motion for judgment on the pleadings, Nationstar Mortgage LLC and HSBC Bank USA, National Association contended that plaintiffs lacked standing; were owed no duty of care; could not show they suffered injury as a result of or caused by the alleged unfair competition; and could not plead facts establishing the existence of a relationship that required an accounting.
Result
The court sustained defendants' motion, granting 14 days leave to amend.
Other Information
FILING DATE: Aug. 17, 2016.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390