RASMI NASER ZEIDAN ET AL VS. METROPOLITAN BANK ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC24620511 - February 13, 2026 Hearing date: February 13, 2026 Case number: CGC24620511 Case title: RASMI NASER ZEIDAN ET AL VS. METROPOLITAN BANK ET AL Case Number: | | CGC24620511 | Case Title: | | RASMI NASER ZEIDAN ET AL VS. METROPOLITAN BANK ET AL | Court Date: | | 2026-02-13 09:30 AM | Calendar Matter: | | MOTION FOR SUMMARY JUDGMENT / Notice Of Motion And Motion For Summary Judgment Or, In The Alternative, For Summary Adjudication Of Issues, By Defendant Metropolitan Bank | Rulings: | | Real Property/Housing Court Law and Motion Calendar for February 13, 2026 line 4. DEFENDANT'S MOTION FOR SUMMARY JUDGMENT/ADJUDICATION.

Based on the opposition to the Motion for Summary Judgment, the Plaintiff abandons most theories of liability expressly alleged in the Complaint. First, Plaintiff withdrew causes of action for violations of CC 2924 and quiet title. Therefore, those causes of action are dismissed with prejudice.

Second, Plaintiff does not dispute that Defendant was entitled to foreclose on both addresses. (Opposition 4:23-24). Therefore, any claims arising out the purportedly wrongful foreclosure on both addresses (as opposed to just one), are dismissed with prejudice.

However, in the opposition to the Motion for Summary Judgment, for the first time in this action, Plaintiff claims that the Notice of Trustee Sale regarding the properties at issue in this case stated an incorrect amount owed due to inclusion of default interest rate. The Court notes that the Complaint in paragraph 52 does reference failure to "identify the amount due in the Notice of Trustee's Sale" but in conjunction with "El Monte Property and Arcadia Property," not the properties involved in this action.

Therefore, the Court treats this motion, in part, as a Motion for Judgment on the Pleadings, and GRANTS it with leave to amend for Plaintiff to allege any appropriate causes of action (except for the causes of action dismissed above) arising out of allegedly improperly charged interest rate in good faith and in light of Honchariw v. FJM Private Mortgage Fund (2022) 83 Cal.App. 5th 893. Plaintiff shall have 30 days from notice of entry of order to file and serve an amended complaint. =(501/CFH)

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