Facts

Plaintiffs obtained a $510,000 adjustable rate loan for the purchase of their San Jose property. They sued defendants following the nonjudicial foreclosure of the property.

PLAINTIFFS' CONTENTIONS: Plaintiffs contended that defendants wrongfully foreclosed on their property. Specifically, defendants lacked authority to begin nonjudicial foreclosure proceedings because of a void assignment and defects in the chain of title through which defendants purported acquired plaintiffs’ mortgage.

Plaintiffs asserted causes of action for wrongful foreclosure, quiet title, violation of California’s unfair competition law, and unjust enrichment.

DEFENDANTS' CONTENTIONS: Defendants contended in its demurrer that plaintiffs’ allegations were insufficient because they failed to allege the occurrence of a trustee’s sale or an actionable defect in the foreclosure process and failed to allege a predicate unlawful, unfair or fraudulent business practice.

Result

The court sustained the demurrer without leave to amend.