Facts

Plaintiff obtained a $528,000 residential mortgage loan from Wells Fargo Bank NA's predecessor pursuant to a promissory note that was secured by a deed of trust and recorded against the property. Following notice of trustee's sale, plaintiff brought a complaint against Wells Fargo.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that while defendant was reviewing her for a loan modification, it unlawfully recorded a notice of default. She claimed that she repeatedly sought a loan modification but that defendant failed to properly consider her and never intended to conduct a good faith review of her application, instead stalling only long enough to proceed with foreclosure. As a result of defendant's wrongful actions, plaintiff claimed she was not properly given a fair opportunity to reach an agreement which would have avoided foreclosure.

Plaintiff asserted causes of action for violations of the California Civil Code, breach of the covenant of good faith and fair dealing, negligence, and violations of Business and Professions Code Section 17200.

DEFENDANT'S CONTENTIONS:
Defendant contended in its demurrer, that plaintiff alleged multiple causes of action in her Civil Code count, rendering the complaint uncertain. Additionally, it claimed that there was no breach of the covenant of good faith and fair dealing, the complaint did not state a cause of action for negligence or for violation of Business and Professions Code Section 17200, and plaintiff's claims were preempted by federal law.

Result

The court sustained defendant's demurrer with 15 days leave to amend.

Other Information

FILING DATE: March 25, 2016.