Carl Grigsby v. Shellpoint Partners LLC, Bank of America NA; Mortgage Servicing; Mortgage Electronic Registration Systems Inc., as Nominee for Countrywide Home Loans Inc. and Does 1 to 10
Published: Jul. 30, 2016 | Result Date: Jun. 29, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC611169 Demurrer – Defense
Court
L.A. Superior Central
Attorneys
Plaintiff
William Edwards
(Law Offices of William Edwards)
Defendant
Pavel Ekmekchyan
(Yu Mohandesi LLP)
Mark Joseph Kenney
(Severson & Werson APC)
Jordan S. Yu
(Yu Mohandesi LLP)
Allan P. Bareng
(Yu Mohandesi LLP)
Facts
Carl Grigsby sued Shellpoint Partners LLC, Bank of America America NA, Mortgage Servicing, Mortgage Electronic Registration Systems Inc., as Nominee for Countrywide Home Loans Inc., in connection with the foreclosure of Grigsby's home.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiff allegedly began seeking loss mitigation assistance from defendants in 2014, due to financial hardship. Defendants, however, failed to provide proper assistance, resulting in the foreclosure of his home in February 2016. Plaintiff asserted causes of action for wrongful foreclosure, violation of California Civil Code Section 2923.5, negligence, violations of Business and Professions Code Section 17200, and negligent infliction of emotional distress.
DEFENDANTS' CONTENTIONS:
Both Shellpoint and Bank of America demurred, citing failure to state facts sufficient to support a cause of action and uncertainty.
Result
The trial court sustained Bank of America's demurrer without leave to amend.
Other Information
FILING DATE: Feb. 22, 2016.
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