Menefield v. Financial Freedom etc. CA2/8
Plaintiff James W. Menefield, III, appeals the trial court’s judgment sustaining defendant MTC Financial, Inc.’s (MTC) demurrer without leave to amend. Plaintiff does not challenge the order sustaining the demurrer itself. Rather, he asserts the trial court erred in denying him leave to amend the complaint to state a cause of action for wrongful foreclosure. We reverse. Although the trial court concluded that plaintiff did not have standing, plaintiff may be able to amend his complaint to establish that status. We also conclude that on the record before us the complaint would not be barred by tender requirements or privilege.
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