Steve Salekfard v. Select Portfolio Servicing Inc., JPMorgan Chase Bank, N.A., National Default Servicing Corporation, and Does 1 through 100, inclusive
Published: May 21, 2016 | Result Date: Apr. 18, 2016 | Filing Date: Jan. 1, 1900 |Case number: 30-2015-00802969-CU-OR-CJC Demurrer – Defense
Court
Orange Superior
Attorneys
Plaintiff
Joseph R. Manning Jr.
(Law Offices of Joseph R. Manning Jr. APC)
Defendant
Chanel L. Oldham
(Parker Ibrahim & Berg LLP)
John M. Sorich
(Parker Ibrahim & Berg LLC)
Facts
Steve Salekfard sued Select Portfolio Servicing Inc., JPMorgan Chase Bank NA, and National Default Servicing Corp., for the allegedly wrongful foreclosure of his property located in Newport Beach.
Contentions
PLAINTIFF'S CONTENTIONS:
Defendants allegedly wrongfully foreclosed on plaintiff's home. As such, plaintiff asserted causes of action for violations of California Civil Code Sections 2923.6, 2923.7, 2924.10, California Business and Professions Code Section 17200 et seq., and negligence.
DEFENDANTS' CONTENTIONS:
JP Morgan demurred for failure to state a claim for relief.
Result
The court sustained JP Morgan's demurrer due to Salekfard's failure to allege when he submitted his application to Chase. Consequently, it could not be determined whether Chase violated Section 2924.10. Salekfard's failure to particularly plead his claim for relief, and this being the second time he was told to cure the deficiency warranted a dismissal.
Other Information
FILING DATE: Aug. 6, 2015.
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