Facts

Plaintiff Angelica Aguilar filed suit against various defendants including T.D. Service Company, Select Portfolio Servicing Inc., and Wells Fargo Bank National Association, relating to her Santa Ana home.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that the mortgage loan contract and real property had been falsely encumbered by an unlawful lien through the use of void assignments of plaintiff's deed of trust and that the assignment instruments were forgeries.

Plaintiff asserted causes of action for violation of California Civil Code section 2914.17, wrongful foreclosure, quiet title, and final injunction under section 3422.

DEFENDANT'S CONTENTIONS:
T.D. Service Company contended that plaintiff's causes of action failed to state facts sufficient to constitute a cause of action against it.

Result

The court sustained T.D. Service Company's demurrer with 21 days leave to amend. It also sustained Select Portfolio Servicing Inc.'s and Wells Fargo Bank, National Association's demurrer with 21 days leave to amend. The demurrer was sustained in favor of T.D. Service Company as foreclosure trustee since a trustee is not subject to Civil Code section 2914.17 and that statute provided the primary foundation for plaintiff's complaint. Moreover, plaintiff failed to allege any violation by T.D. of its all-inclusive duties as foreclosure trustee as embodied in Civil Code section 2924 et seq.