This is the property of the Daily Journal Corporation and fully protected by copyright. It is made available only to Daily Journal subscribers for personal or collaborative purposes and may not be distributed, reproduced, modified, stored or transferred without written permission. Please click "Reprint" to order presentation-ready copies to distribute to clients or use in commercial marketing materials or for permission to post on a website. and copyright (showing year of publication) at the bottom.

Real Property
Declaratory Relief
Cancellation of Instruments

Gary Newton v. Washington Mutual Bank, et al.

Published: Sep. 22, 2017 | Filing Date: Jan. 4, 2017 |

Case number: BC645647 Demurrer –  Defense

Court

Los Angeles County Superior Court


Attorneys

Plaintiff

Stephen R. Golden
(Stephen R. Golden & Associates)


Defendant

Cheryl Stephanie Chang
(Blank Rome LLP)

David Ming Liu
(Parker Ibrahim & Berg LLC)


Facts

Gary Newton sued Washington Mutual Bank in connection with Newton's mortgage loan.

Contentions

PLAINTIFF'S CONTENTIONS: Plaintiff alleged, among other things, that the various assignments of the loan were void and that the notice of default violated Civil Code Section 2923.55. Plaintiff also asserted causes of action for breach of contract, breach of the covenant of good faith and fair dealing, negligence, and other claims.

DEFENDANT'S CONTENTIONS: Defendant demurred, challenging the sufficiency of plaintiff's allegations on grounds of judicial estoppel, standing, and other grounds.

Result

The court sustained the demurrer without leave to amend.


#128133

For reprint rights or to order a copy of your photo:

Email jeremy@reprintpros.com for prices.
Direct dial: 949-702-5390