MacRitchie v. Wells Fargo Bank CA3
Plaintiffs Andrew D. and Cynthia L. MacRitchie appeal from a judgment dismissing their first amended complaint after the trial court sustained a demurrer by defendants Wells Fargo Bank, N.A., (Wells Fargo), and Federal Home Loan Mortgage Corporation (FHLMC), joined by Cal-Western Reconveyance Corporation (Cal-Western). Plaintiffs brought suit after the foreclosure sale of their home, alleging causes of action for breach of contract, breach of security instrument, declaratory relief, negligent misrepresentation, and quiet title. Wells Fargo was the loan servicer, and FHLMC was the purchaser at the foreclosure sale. Cal-Western was the trustee under the deed of trust. Cal-Western filed a petition in bankruptcy, and the appeal was stayed as to it when this court issued its earlier opinion affirming the judgment in favor of Wells Fargo and FHLMC. The court has since been advised that Cal-Western’s bankruptcy stay is no longer in effect. Cal-Western has been given an opportunity to
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