Case Number: KC070531 Hearing Date: October 16, 2018 Dept: J

Re: Benjamin Farcas v. Ocwen Loan Servicing, LLC, et al. (KC070531)

DEMURRER TO COMPLAINT

Moving Parties: Defendants Ocwen Loan Servicing, LLC and Deutsche Bank National Trust Company, as Indenture Trustee for American Home Mortgage Investment Trust 2007-1

Respondent; No timely opposition filed (due 10/2/18)

POS: Moving OK

This is a wrongful foreclosure action involving the residential property located at 485 Crestwood Lane in Walnut. The complaint, filed 8/13/18, asserts causes of action against Defendants Ocwen Loan Servicing, LLC, Western Progressive, LLC (“WP”), Deutsche Bank National Trust Company, as Indenture Trustee for American Home Mortgage Investment Trust 2007-1 and Does 1-5 for:

Equitable Cancellation of the Assignment, Substitution of Trustee and Notice of Default

Slander of Title by Publication of False Information

Reasonable Reliance; Detrimental Reliance

Declaratory Relief

On 9/10/18, WP filed its Declaration of Non-Monetary Status. A Case Management Conference is set for 2/5/19.

Defendants Ocwen Loan Servicing, LLC and Deutsche Bank National TrustCompany, as Indenture Trustee for American Home Mortgage Investment Trust 2007-1 (“defendants”) demur, per CCP § 430.10(e), to the first through fourth causes of action in Plaintiff Benjamin Farcas’ complaint, on the basis that they each fail to state facts sufficient to constitute a cause of action.

MEET AND CONFER:

CCP § 430.41(a) provides as follows:

“(a) Before filing a demurrer pursuant to this chapter, the demurring party shall meet and confer in person or by telephone with the party who filed the pleading that is subject to demurrer for the purpose of determining whether an agreement can be reached that would resolve the objections to be raised in the demurrer. If an amended complaint, cross-complaint, or answer is filed, the responding party shall meet and confer again with the party who filed the amended pleading before filing a demurrer to the amended pleading.

(1) As part of the meet and confer process, the demurring party shall identify all of the specific causes of action that it believes are subject to demurrer and identify with legal support the basis of the deficiencies. The party who filed the complaint, cross-complaint, or answer shall provide legal support for its position that the pleading is legally sufficient or, in the alternative, how the complaint, cross-complaint, or answer could be amended to cure any legal insufficiency.

(2) The parties shall meet and confer at least five days before the date the responsive pleading is due. If the parties are not able to meet and confer at least five days prior to the date the responsive pleading is due, the demurring party shall be granted an automatic 30-day extension of time within which to file a responsive pleading, by filing and serving, on or before the date on which a demurrer would be due, a declaration stating under penalty of perjury that a good faith attempt to meet and confer was made and explaining the reasons why the parties could not meet and confer. The 30-day extension shall commence from the date the responsive pleading was previously due, and the demurring party shall not be subject to default during the period of the extension. Any further extensions shall be obtained by court order upon a showing of good cause.

(3) The demurring party shall file and serve with the demurrer a declaration stating either of the following:

(A) The means by which the demurring party met and conferred with the party who filed the pleading subject to demurrer, and that the parties did not reach an agreement resolving the objections raised in the demurrer.

(B) That the party who filed the pleading subject to demurrer failed to respond to the meet and confer request of the demurring party or otherwise failed to meet and confer in good faith.”

Defendants’ demurrer is not accompanied by a CCP § 430.41 meet and confer declaration. The court orders plaintiff and counsel for defendants to meaningfully meet and confer, in person or by telephone, prior to the hearing. If the parties are unable to resolve the issues on their own, the demurrer will be taken off-calendar.