Clarey v. The Bank of New York Mellon
We reverse the second amended judgment, however, solely because the Clareys’ second amended complaint stated a claim for declaratory relief against defendants, by alleging facts showing an ongoing dispute regarding whether the Clareys had been inaccurately assessed fees on their home loan account. The second amended complaint further alleged their home loan was secured by a trust deed for which the Bank of New York was the current trustee and Bayview was the current loan servicer. Therefore, defendants’ demurrer to the declaratory relief cause of action was sustained in error.
Because we reverse the judgment on the ground that the Clareys have stated a claim for declaratory relief against defendants, we do not need to decide whether the trial court properly granted defendants’ motion for prevailing party attorney fees based on a provision in the deed of trust, and reverse that award.
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