Facts

Plaintiff filed a complaint against defendants US Bank NA, Quality Loan Service Corp., and Bridget Young Tisdale, to enjoin a trustee's sale.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that it became the exclusive owner of certain real property after it foreclosed on the property following the owner's default on payments under a second deed of trust. It claimed that U.S. Bank National Association should be enjoined because it was wrongfully attempting a non-judicial foreclosure of the property.

Plaintiff asserted causes of action for declaratory relief, negligence, accounting, unfair business practices, and injunctive relief.

DEFENDANT'S CONTENTIONS:
U.S. Bank contended in its demurrer that plaintiff's action was an improper attempt to evade a valid non-judicial foreclosure sale. It claimed that it had a senior lien on the property and therefore plaintiff's claims were fatally deficient.

Result

The court sustained the demurrer without leave to amend.

Other Information

FILING DATE: June 13, 2016.