Case Number: VC065350 Hearing Date: June 16, 2016 Dept: SEC

AMAYA v. JP MORGAN CHASE BANK, N.A.
CASE NO.: VC065350
HEARING: 06/16/16

#10
TENTATIVE ORDER

Defendant JPMORGAN CHASE BANK, N.A.’s demurrer to the complaint is
SUSTAINED WITHOUT LEAVE TO AMEND. C.C.P. § 430.10(e). The motion to strike is DEEMED MOOT.

Defendant’s Request for Judicial Notice is GRANTED. Evid. Code §§ 452, 453.

Defendant submitted a declaration indicating that counsel attempted to comply with section 430.41 by sending a meet and confer letter. The statute specifically requires the meet and confer to be conducted telephonically or in person. C.C.P. § 430.41(a). The Court finds substantial compliance here, but both counsel should note the procedural requirements and with respect to future demurrers, make legitimate and substantial efforts to resolve pleading disputes.

Plaintiff JOSE AMAYA and MARIA AMAYA filed a complaint after they submitted a March 2015 request for a mortgage loan modification and after defendants failed to respond to that application. Comp., ¶¶10-11. They allege violation of several HBOR provisions, which require certain actions on the part of the lender or loan servicer before they can initiate foreclosure proceedings. Plaintiffs also allege negligence and unfair business practices with regard to their pending application, which plaintiffs acknowledge has not been denied.

As noted by defendant in its demurrer, there is no allegation that plaintiffs are in default on their loan. They do not allege any facts suggesting that foreclosure is imminent. Therefore, their claims for injunctive and other relief are premature at best.

As to each of the alleged HBOR violations, plaintiff demands civil penalties and an injunction preventing defendants from conducting further foreclosure activity. Defendant has not conducted any foreclosure activity, so the alleged violations are not material. Plaintiff has not presented any viable basis for relief. The demurrer to the complaint is sustained without leave to amend.