Facts

Plaintiffs Catherine and Arthus Walker Jr. filed suit against defendant Mortgage Electronic Registration Systems Inc. relating to their property in Los Angeles.

PLAINTIFFS’ CONTENTIONS: Plaintiffs contended that Mortgage Electronic Registration Systems Inc. assignment of deed of trust with respect to the property was void because MERS was never named as a beneficiary on the deed of trust. They also argued that MTC Financial Inc. filed a notice of default but that the notice was void because MTC was never properly substituted as a trustee. Furthermore, the promissory note was securitized and thus defendants gave up all rights in the note.

Plaintiffs asserted causes of action for violation of Business and Professions Code Section 17200, breach of the covenant of good fair dealing, injunctive relief, violation of Civil Code Section 1572, declaratory relief, to set aside a void instrument, and non-bonafide purchaser UCC 8-302 violation.

DEFENDANT'S CONTENTIONS: MTC contended in its demurrer that the litigation privilege provided it immunity from any actions it allegedly took.

Result

The court sustained the demurrer without leave to amend.