Hamidi v. Wells Fargo Bank CA1/3
Plaintiff Abdul Hamidi appeals a judgment dismissing his amended complaint seeking to prevent the nonjudicial foreclosure of his home following an order sustaining without leave to amend the demurrer of defendant Wells Fargo Bank, N.A. (Wells Fargo). The trial court sustained the demurrer on two grounds—that the securitization of plaintiff’s loan did not deprive Wells Fargo as the successor in interest to the initial lender of the right to foreclose on the loan, which is the premise of each of plaintiff’s claims, and that each of plaintiff’s claims is preempted by the federal Home Owners’ Loan Act (HOLA), 12 United States Code section 1461 et seq. The latter contention was the principal thrust of Wells Fargo’s demurrer, to which the major portion of the trial court’s order is directed, and plaintiff’s appellate brief addresses only that issue. Because there clearly is merit to the first ground, which plaintiff does not even mention in the single appellate brief he has
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