Salcedo, et al. v. Select Portfolio Servicing, Inc., et al.

Thus, Trustee's argument is inapplicable for purposes of demurrer. Failure to Allege Sufficient Facts Trustees demur to Plaintiff's TAC for failure to allege sufficient facts to allege viable causes of action. "The memorandum must contain a statement of facts, a concise statement of the law, evidence and arguments relied on, and a discussion of the statutes, cases, and textbooks cited in support of the position advanced." (Cal. Rules of Court, rule 3.1113(b).) Trustees do not provide the Court with any legal authority to support the arguments they bring forth.

The burden is on Trustees to argue that Plaintiff's TAC does not allege sufficient facts. Trustees attempt to rely on the Court's previous rulings; however, they have not presented any authority to establish that the previous outcomes replace their burden for their demurrer. Thus, the Court overrules Trustees' demurrer on this basis.

Conclusion

Defendants Robert S. Mochamuk and Erin L. Foley, as Trustees of Mocharnuk Foley 2019 Living Trust, Dated November 12, 2019's demurrer is overruled.

Department 516 Hearing Date: August 31, 2026 Case Name: Salcedo, et al. v. Select Portfolio Servicing, Inc., et al. Case No.: 26STCV02203 Motion: Motion to be Relieved as Counsel Moving Party: Counsel for Plaintiffs Opposing Party: None Tentative Ruling: The Motions to be Relieved as Counsel is granted. Plaintiffs' counsel - Tony Cara on behalf of CDLG, PC - seeks to be relieved as counsel of record for Plaintiffs Pablo Salcedo and Olivia Fabian. No oppositions were filed. Attorney Tony Cara has complied with the procedural and statutory requirements. Thus, the

Court grants Attorney Tony Cara's motions to be relieved as counsel. | Home -->)" -->