Russell v. Wells Fargo Bank, N.A. CA2/3
Plaintiff Karan Russell executed a promissory note and deed of trust encumbering residential property she owned in Los Angeles County. After the loan beneficiary’s agent recorded a notice of default on the property, Plaintiff sued Wells Fargo Bank, N.A. (“Wells Fargo”), the trustee for the securities corporation holding all beneficial interest in the loan, and JPMorgan Chase Bank, N.A. (“Chase,” collectively with Wells Fargo, “Defendants”), the loan servicer, alleging an assortment of claims related to the loan’s origination, securitization, and servicing. Among other things, Plaintiff claimed Chase violated provisions of the California Homeowner’s Bill of Rights (the “HBOR”) (Civ. Code, § 2923.4 et seq.) by continuing foreclosure proceedings while Plaintiff was under consideration for a loan modification―a practice commonly referred to as “dual tracking.”
Defendants demurred, arguing a prior judgment operated as res judicata to bar most of the claims an
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