IRA Resources v. Mendoza CA1/3
Plaintiff Felix The sued defendant Justin Mendoza and his mother, Zenaida Mendoza, for breach of contract due to failure to make timely payments on a promissory note and sought reformation of the deed of trust securing the note so that Felix The could foreclose on their property. A default and default judgment were entered, the deed of trust was subsequently assigned to IRA Resources fbo Richard M. Glantz, 35-36506 (“IRA Resources”), and IRA Resources initiated non-judicial foreclosure proceedings on the property.
Justin Mendoza then successfully moved to set aside the default and default judgment, and filed a cross-complaint naming IRA Resources as a cross-defendant. IRA Resources moved to strike causes of action in the cross-complaint for wrongful foreclosure, intentional infliction of emotional distress (IIED), and negligent infliction of emotional distress (NIED) under California’s anti-SLAPP statute, Code of Civil Procedure section 425.16.
The trial court denied the motion,
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