Kirkpatrick v. Wells Fargo Bank CA4/3
Arden and Bonnie Kirkpatrick (the Kickpatricks) sued Wells Fargo Bank, N.A. (Wells Fargo), for wrongful foreclosure, breach of the covenant of good faith and fair dealing, and violation of Business & Professions Code section 17200 pertaining to a loan on their residential property. The trial court sustained Wells Fargo’s demurrer to the Kickpatricks’ third amended complaint without leave to amend. The Kirkpatricks appeal contending the court erred by sustaining the demurrer on the grounds they did not sufficiently allege their causes of action for wrongful foreclosure and violation of the covenant of good faith and fair dealing. The Kirkpatricks also claim the court erred by accepting the truth of Wells Fargo’s foreclosure documents on judicial notice and by denying them the right to further amend their pleading. Finding no errors, we affirm the judgment.
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