Kashanian v. IndyMac Venture CA2/2
Appellant Yehezkel Hezi Kashanian appeals from a judgment of dismissal after the trial court sustained without leave to amend a demurrer to the first amended complaint filed by respondent IndyMac Venture, LLC (IndyMac). After the nonjudicial foreclosure of his home, Kashanian sued IndyMac for damages, alleging it lacked authority to foreclose because the assignment through which it purportedly became the beneficiary of the deed of trust was void. The trial court, citing Jenkins v. JP Morgan Chase Bank, N.A. (2013) 216 Cal.App.4th 497, 514-515, sustained IndyMac’s demurrer principally on the ground that Kashanian lacked standing to challenge an invalid assignment. Several months later, in Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919 (Yvanova), our Supreme Court held that a homeowner has standing to challenge an assignment that is allegedly void, even though the homeowner was in default on the loan and was not a party to the assignment.
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