Hilbert Group, LLC vs. Nano Banc, Inc.

Seventh Cause of Action for Infliction of Emotional Distress

The allegations Moving Defendants intentionally hindered repayment of the loan with the intent to oust Plaintiff from his home in order to obtain the Subject Property’s significant equity for themselves appear sufficient to plead outrageous conduct by Moving Defendants. (See Compl., ¶¶ 22, 30, 53, 93; Hughes v. Pair (2009) 46 Cal.4th 1035, 1050-51.)

The demurrer to the seventh cause of action is OVERRULED.

Eighth Cause of Action for Quiet Title

Moving Defendants argue “[t]here simply is no legitimate dispute about title” because Plaintiff lost ownership of the Subject Property following a routine foreclosure sale. However, the entire basis for Plaintiff’s Complaint is that the foreclosure sale was improper.

The demurrer to the eighth cause of action is OVERRULED.

Ninth Cause of Action for Rescission

“Rescission is not a cause of action; it is a remedy.” (Nakash v. Superior Court (1987) 196 Cal.App.3d 59, 70, emphasis in original.) The demurrer to the ninth cause of action is SUSTAINED with 20 days leave to amend.

Moving Defendants shall give notice.

205 Hilbert Group, Court withholds a tentative ruling. LLC vs. Nano Banc, Inc. 206 James vs. The court withholds a tentative ruling. Parties Paired Up LLC should come to oral argument ready to discuss the