Rodolfo S. Cadotte Jr., et al. v. Select Portfolio Servicing, Inc

Case Name: Rodolfo S. Cadotte Jr., et al. v. Select Portfolio Servicing, Inc., et al.
Case No.: 1-14-CV-266286

This action arises out of foreclosure proceedings initiated against residential property owned by plaintiffs Rodolfo S. Cadotte, Jr. and Irene P. Cadotte (collectively, “Plaintiffs”).

On December 4, 2014, the Court (Hon. Carol Overton) issued its order on the demurrers of defendant Select Portfolio Servicing, Inc. (“SPS”) and other defendants to Plaintiffs’ first amended complaint (the “FAC”). The Court sustained SPS’s demurrer in part, but overruled it as to Plaintiffs’ claims for negligence and violation of Business and Professions Code section 17200 et seq. SPS did not contest the Court’s tentative ruling or appear at the hearing on the demurrers, so the Court adopted its tentative ruling as to SPS. On December 15, 2014, Plaintiffs filed the operative second amended complaint (the “SAC”), reasserting claims against SPS for negligence (the fourth cause of action) and violation of Business and Professions Code section 17200 et seq. (the seventh cause of action) consistent with the Court’s order.

Now, SPS again demurs to Plaintiffs’ claims for negligence and violation of Business and Professions Code section 17200 et seq. for failure to state a claim. (Code Civ. Proc., § 430.10, subd. (e).) SPS raises the same arguments in the instant demurrer as it raised in its demurrer to the FAC.

Given that the Court has already overruled SPS’s demurrer to these claims, it is foreclosed from rendering a new determination of their viability at this time. (Bennett v. Suncloud (1997) 56 Cal.App.4th 91, 96-97 [demurrer to claims to which a previous demurrer was overruled may not be considered; requirements of Code of Civil Procedure section 1008 must be satisfied where a party asks the court to reconsider a prior order].) SPS’s demurrer is accordingly OVERRULED.

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