Maines v. Aurora Commercial Corp. CA3
Plaintiff Gilbert E. Maines challenged the nonjudicial foreclosure of his home. He alleged the foreclosure was wrongful and fraudulent. The trial court dismissed the action after sustaining the defendants’ demurrer without leave to amend. It found plaintiff had no standing to bring the action because his claims belonged to his bankruptcy estate. The court also ruled that plaintiff did not and could not plead he tendered performance or plead fraud with specificity.
Plaintiff challenges the trial court’s ruling, and the defendants contend a judgment in adversary proceedings defendants filed in his bankruptcy case bars this action under res judicata.
We conclude res judicata does not apply and plaintiff has standing to bring this action. However, we affirm the judgment of dismissal in all other respects.
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