Facts

Plaintiff Chad Arcand sued PennyMac Loan Services LLC and National Default Servicing Corp., for the alleged violation of the California Homeowners Bill of Rights.

PLAINTIFF'S CONTENTIONS:
Plaintiff alleged that defendants allegedly wrongfully initiated foreclosure proceedings on plaintiff's property and allegedly failed to comply with the California Homeowners Bill of Rights' loss mitigation obligations. Plaintiff asserted claims for violation of California Civil Code Sections 2923.7 and 2923.6, negligent misrepresentation, negligence, and violation of California Business and Professions Code Section 17200.

DEFENDANTS' CONTENTIONS:
Plaintiff allegedly defaulted on his loan, prompting defendants to proceed with foreclosure proceedings. However, the foreclosure was cancelled after plaintiff obtained a loan modification. Plaintiff nevertheless brought this lawsuit anyway even though his claims had no factual basis and were not ripe for adjudication. Defendants demurred on all the causes of action.

Result

The trial court sustained PennyMac's demurrer without leave as to all causes of action.

Other Information

FILING DATE: July 7, 2015.