California Court of Appeal

Dismissal of plaintiff's complaint alleging four counts arising from a nonjudicial foreclosure is affirmed, where: 1) plaintiffs cannot maintain a preemptive judicial action challenging defendants' authority to foreclose; 2) plaintiffs fail to adequately allege that defendant MERS lacked authority to assign the deed of trust and the note; 3) defendant QLS had the authority to record the notice of default; 4) plaintiffs fail to adequately allege any prejudice resulting from an alleged irregularity in the foreclosure process; and 5) plaintiffs have shown no prejudicial error as to the sustaining of the demurrer to the counts for breach of Contract, unfair business practices and quiet title.

Appellate Information

• Decided 08/27/2013
• Published 08/27/2013

Judges

• CROSKEY

Court

• California Court of Appeal

Counsel