KAREN MOY VS. MILESTONE FINANCIAL, LLC ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC25631748 - March 23, 2026 Hearing date: March 23, 2026 Case number: CGC25631748 Case title: KAREN MOY VS. MILESTONE FINANCIAL, LLC ET AL Case Number: | | CGC25631748 | Case Title: | | KAREN MOY VS. MILESTONE FINANCIAL, LLC ET AL | Court Date: | | 2026-03-23 09:30 AM | Calendar Matter: | | DEMURRER to COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion Calendar for March 23, 2026. Line 1.2.

DEFENDANT MILESTONE FINANCIAL, LLC DBA MERS HOLDING LTD, WILLIAM STUART DEMURRER to COMPLAINT is OVERRULED.

The Complaint sufficiently states causes of action for wrongful foreclosure against Defendant William Stuart, and for quiet title against Defendant Milestone Financial LLC. The Complaint sufficiently alleges that Defendant Stuart personally participated in or ratified Defendant Milestone's conduct. The Complaint sufficiently alleges Plaintiff's title and the basis for her title; Defendants cite no authority for the implicit proposition that an instrument which the challenged pleading expressly alleges to be void is nonetheless dispositive of the issue of title.

Finally, Defendants concede that tender need not be pleaded as an element of quiet title if based on adequately-pleaded voidness of the foreclosure sale. The Complaint asserts causes of action against Defendants for wrongful foreclosure based on void loan, the sufficiency of which are not challenged by Defendant Milestone at the pleading stage. Therefore, Defendant Milestone having conceded that the Complaint adequately pleads the voidness of the loan, Plaintiff is not required to allege tender of the amount due on the void loan as an element of her cause of action for quiet title against Defendant Milestone.

Defendants' additional grounds for demurrer which were raised for the first time in reply, and not in response to arguments made in the opposition, are improper and were not considered. =(501/CFH)

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