Defendants’ Demurrer to the Complaint is sustained with leave to amend in part and without leave to amend in part.

As an initial matter, the request for judicial notice is granted in its entirety. As to items 1 and 3, a court may take judicial notice of the fact of a document’s recordation, the date the document was recorded and executed, the parties to the transaction reflected in a recorded document, and the document’s legally operative language, assuming there is no genuine dispute regarding the document’s authenticity. From this, the court may deduce and rely upon the legal effect of the recorded document, when that effect is clear from its face. Fontenot v. Wells Fargo (2011) 198 Cal.App.4th 256, 265. As to item 2, the Purchase and Assumption Agreement, the document filed with the court appears to be a full and complete copy with all requisite pages. Thus, Plaintiff’s objection to this document is overruled.

The demurrer to the entire complaint based upon failure to allege tender is sustained with leave to amend. As a general matter, there is no requirement to tender the debt where the amount owed is disputed or the basis for relief is fraud. “If there is no dispute as to the default or the amount in default, in order to obtain an injunction the trustor must do equity and offer to cure the default,… but if a temporary injunction is sought in an action to rescind for fraud a tender should not be required.” 5 Baxter Dunaway, Law of Distressed Real Est. (Thomson Reuters 2009) §64:167 (citing, e.g., Stockton v. Newman (1957) 148 Cal. App. 2d 558, 563). Along the same line of thought, Carter v. Deutsche Bank National Trust Co. (N.D.Cal., 2010) 2010 WL 1875718, at p. 2, states as follows: [T]he Court is unaware of any requirement… , that a plaintiff must tender if the complaint alleges fraud or a substantive irregularity. While a tender may be required when a plaintiff alleges a procedural irregularity, that is not the theory that plaintiffs advance in their complaint.” In the present case, fraud is alleged. However, that cause of action is not properly pled. Thus, the tender argument is sustained with leave to amend.

The demurrer to all causes of action based on the Purchase and Assumption Agreement and Chase’s non-liability for WaMu’s actions prior to 9/25/08 is sustained without leave to amend. Any allegations relating to WaMu’s actions or conduct during the loan origination in 2001 or the refinance in 2004 are barred. Chase “is not responsible for any liability of WaMu related to loans made by WaMu prior to September 25, 2008, the date of assumption…” Ansanelli v. JPMorgan Chase Bank 2011 WL 1134451 *3.

The demurrer to the first cause of action for promissory estoppel is sustained with leave to amend. Plaintiff has failed to allege a clear and unambiguous promise and has not . not established justifiable reliance. Lastly, Plaintiff also does not allege injury in that there are no allegations that she was prevented from pursuing other alternatives or that she was prevented from curing the default.

The demurrer to the second cause of action for wrongful foreclosure is sustained with leave to amend. There is no such cause of action for “wrongful foreclosure.” To the extent Plaintiff alleges a violation of California’s comprehensive statutory framework for non-judicial foreclosures, Plaintiff must allege what statute was violated and facts to support such a claim. Further, there are no requirements for the production of an original promissory note prior to initiation of a non-judicial foreclosure sale. Pantoja v. Countrywide Home Loans (N.D. Cal. 2009) 640 F.Supp.2d 1177, 1186.

The demurrer to the third cause of action for negligent misrepresentation is sustained with leave to amend. First, as currently pled, it appears to be barred by the statute of limitations in CCP §338(d), as the conduct alleged occurred more than 3 years prior to filing the complaint. Furthermore, the cause of action fails because it is not pled with specificity: how, when, where, to whom, and by what means. Stansfield v. Starkey (1990) 220 Cal.App.3d 59, 73. Also, claims against a corporation must include the names of the persons who made the misrepresentation, their authority, to whom they spoke, what they said, and when it was said. Tarmann v. State Farm Mut. Auto. Ins. Co. (1991) 2 Cal.App.4th 153, 157. Lastly, Plaintiff must allege the statements that were made and the falsity of those statements.

The demurrer to the fourth cause of action for violation of B&P §17200 is sustained with leave to amend. First, Plaintiff lacks standing because she fails to allege injury in fact. Secondly, as this cause of action is dependent upon the allegations of the prior claims, which have been insufficiently pled, this claim likewise fails.

“Unless the complaint shows on its face that it is incapable of amendment, denial of leave to amend constitutes an abuse of discretion, irrespective of whether leave to amend is requested or not.” McDonald v. Superior Court (1986) 180 Cal.App.3d 297, 303-304; City of Stockton v. Superior Court (2007) 42 Cal.4th 730, 747.

Any Amended Complaint shall be served and filed by March 10, 2014.

Moving party’s attorney is to submit a formal order that sets out verbatim the tentative ruling herein and complies with California Rule of Court 3.1312 and is thereafter to prepare, file and serve notice of order.

This is the Court’s tentative ruling. In order to argue at the hearing, you must notify the parties and thereafter notify the court’s law and motion secretary at (530) 265-1273 by 4:00 p.m. the court day before the hearing. If you do not so notify the parties and court, the tentative ruling shall become the final ruling. Any argument is limited to five minutes. California Rule of Court 3.1308, Local Rule 4.05.3.

Unless the court orders otherwise, the court does not provide court reporters for civil law and motion hearings and case management conferences at the court’s expense. Any litigant who wants a record of a law and motion matter or a case management conference must arrange for the presence of a court reporter at his or her expense. Local Rule 10.00.3B.