Mora v. Superior Court
Filed 1/29/07 Mora v. Superior Court CA6
NOT
TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court,
rule 977(a), prohibits courts and parties from citing or relying on opinions
not certified for publication or ordered published, except as specified by rule
977(b). This opinion has not been certified for publication or ordered
published for purposes of rule 977.
IN
THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SIXTH
APPELLATE DISTRICT
RAUL E. MORA et al.,
Petitioners,
v.
THE SUPERIOR COURT OF SAN
Respondent;
OCWEN FINANCIAL CORPORATION, et
Real Parties
| No. H030431 (San Benito County Super.Ct.No. CU0500134)
|
Petitioners Raul and Marianne Mora
(collectively, Moras) lost their Hollister home through foreclosure and
thereafter brought an action challenging the legality of the sale. This
petition for writ of mandate arises
out of an order sustaining without leave to amend the demurrers of two
defendants to some (but not all) of the causes of action of Moras' second amended complaint (Complaint).
Moras filed a nonstatutory petition for writ of mandamus or supersedeas
challenging the order; they also sought a stay to prevent any attempts to
remove them from their home via unlawful detainer. The principal argument in
the petition is that the court erred by making a conclusive determination of
certain â€
| Description | Petitioners Raul and Marianne Mora (collectively, Moras) lost their Hollister home through foreclosure and thereafter brought an action challenging the legality of the sale. This petition for writ of mandate arises out of an order sustaining without leave to amend the demurrers of two defendants to some (but not all) of the causes of action of Moras' second amended complaint (Complaint). Moras filed a nonstatutory petition for writ of mandamus or supersedeas challenging the order; they also sought a stay to prevent any attempts to remove them from their home via unlawful detainer. The principal argument in the petition is that the court erred by making a conclusive determination of certain "facts" supposedly contained in documents of which it took judicial notice. Those "facts" contradicted key allegations of the Complaint and resulted in the court sustaining the demurrers. Real parties in interest the lender, Ocwen Financial Corporation (Ocwen), and the trustee, Cal Western Reconveyance Corporation (Cal Western) have opposed the petition. After consideration of the entire matter, including supplemental opposition papers filed by Ocwen, court conclude that the lower court's ruling was erroneous. Accordingly, court grant Moras' petition for writ of mandate. |
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