Carnero v. National Default Servicing Corp. CA6
Plaintiffs Jose R. Carnero and Marta C. Carnero (the Carneros) appeal from a judgment entered in favor of defendant National Default Servicing Corporation (NDSC) after the trial court sustained NDSC’s demurrer to their second amended complaint without leave to amend. The Carneros’ action arose out of a mortgage they obtained in June 2007 in the amount of $650,000 secured by residential property located at 1558 Minnesota Avenue in San Jose, California. The second amended complaint listed seven causes of action: (1) request for declaratory judgment; (2) wrongful foreclosure; (3) quiet title; (4) fraud; (5) unfair business practices; (6) equitable estoppel; and (7) accounting.
On appeal, the Carneros raise the following claims of error: (1) the trial court overlooked NDSC’s references in its demurrer to “the first amended complaint,” rather than “the second amended complaint”; (2) the demurrer should have been overruled because NDSC presented “undeclared, untimely,
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