Facts

Plaintiff Rudie Thomas filed suit against Quality Loan Service Corp., the trustee of Wells Fargo Bank in a foreclosure sale, which involved the alleged foreclosure of plaintiff's home.

PLAINTIFF'S CONTENTIONS: Plaintiff first contended Wells Fargo did not have the right to foreclosure on his Coleman Ave. property because the note was forged. Second, plaintiff contended Wells Fargo was not properly assigned the Deed of Trust. Further, plaintiff contended Wells Fargo did not properly substitute Quality Loan Service as the trustee under the Deed of Trust. Plaintiff also contended his right to his personal property was violated because he was not in default and therefore the property should not have been sold at an auction.

DEFENDANT'S CONTENTIONS: Defendant denied plaintiff's contentions and further contended Quality Loan was protected by the litigation privilege, which barred any tort action based on a protected communication without malice.

Result

The court granted defendant's motion to dismiss without leave to amend.