Facts

Nancy Tan sued her former husband, Manuel Tan, as well as Eric Warnock and Wells Fargo Bank NA, involving allegations of fraud.

PLAINTIFF'S CONTENTIONS:
Plaintiff claimed defendant Tan hired someone to forge plaintiff's signature on a deed of trust in 2008, encumbering their home. Plaintiff did not find out about the deception until defendant Tan filed for divorce in 2011. Plaintiff asserted causes of action for fraud, negligence, and declaratory relief. The third cause of action was asserted against Wells Fargo only and sought to declare the instrument void.

DEFENDANTS' CONTENTIONS:
Wells Fargo demurred, challenging the sufficiency of plaintiff's allegations. Wells Fargo contended that plaintiff's claim for declaratory relief failed because tenants in common may encumber the property individually and the allegedly forged signature was therefore irrelevant.

Result

The court sustained Wells Fargo's demurrer with leave to amend.