BERMUDEZ vs SN SERVICING CORPORATION, A BUSINESS ENTITY, et al.

23CV000213: BERMUDEZ vs SN SERVICING CORPORATION, A BUSINESS ENTITY, et al. 10/05/2023 Hearing on Demurrer to Plaintiff's Complaint in Department 54

Tentative Ruling

Defendants SN Servicing Corporation and US Bank Trust National Association as Trustee of the Bungalow Series IV Trust’s (collectively, “Defendants”) demurrer to plaintiff Omar Bermudez’s (“Plaintiff”) Complaint is UNOPPOSED and SUSTAINED with leave to amend.

Defendants have indicated the incorrect address in its notice of motion. The correct address for Departments 53 and 54 of the Sacramento County Superior Court is 813 6th Street, Sacramento, California 95814. In addition, the notice of motion does not provide notice of the Court’s tentative ruling system as required by Local Rule 1.06(D). Defendants are ordered to notify Plaintiff immediately of the correct Court address, the tentative ruling system, and the manner to request a hearing. If Defendants are unable to contact Plaintiff prior to hearing, Defendants are ordered to appear at the hearing.

Defendants’ request for judicial notice of various recorded land documents, the case docket in related bankruptcy court proceedings, and filings by Plaintiff in other cases is granted. In taking judicial notice of these documents, the Court accepts the fact of their existence, not the truth of their contents. (See Professional Engineers v. Dep’t of Transp. (1997) 15 Cal.4th 543, 590 [judicial notice of findings of fact does not mean that those findings of fact are true]; Steed v. Department of Consumer Affairs (2012) 204 Cal.App.4th 112, 120-121 [“[W]hile the existence of any document in a court file may be judicially noticed, the truth of the matters asserted in those documents, including the factual findings of the judge who was sitting as the trier of fact, is not entitled to notice.”]; Sosinsky v.

Grant (1992) 6 Cal.App.4th 1548, 1562-1570.) "[A] court may take judicial notice of the fact of a document's recordation, the date the document was recorded and executed, the parties to the transaction reflected in the recorded document, and the document's legally operative language, assuming there is no genuine dispute regarding the document's authenticity." (Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256, 265.)

Plaintiff filed the Complaint on April 21, 2023, alleging causes of action for violation of Civil Code section 2923.7, violation of Business and Professions Code section 17200 et seq., accounting, wrongful foreclosure, and cancellation of instrument. Defendants demur to the entire Complaint on the ground each of the five causes of action are uncertain and/or fail to allege facts sufficient to constitute a cause of action.

The demurrer is sustained for the reasons stated in Defendants’ memorandum of points and authorities, pp. 1-13. The Court construes Plaintiff’s failure to oppose the demurrer as a concession on the merits. (D.I. Chadbourne, Inc. v. Superior Court (1964) 60 Cal.2d 723, 728, fn. 4 [where nonmoving party fails to oppose a ground for a motion “it is assumed that [nonmoving party] concedes” that ground].) Nonetheless, as this demurrer is Defendants’ first objections to the Complaint, the court grants Plaintiff leave to amend.

23CV000213: BERMUDEZ vs SN SERVICING CORPORATION, A BUSINESS ENTITY, et al. 10/05/2023 Hearing on Demurrer to Plaintiff's Complaint in Department 54

Plaintiff may file and serve an amended complaint no later than October 19, 2023. Although not required by statute or court rule, Plaintiff is directed to present the clerk a copy of this ruling at the time of filing the amended complaint.

Defendants may file and serve a response within 30 days of service of the amended complaint, 35 days if served by mail.

This minute order is effective immediately. No formal order pursuant to California Rules of Court, Rule 3.1312, or other notice is required.

NOTICE:

Consistent with Local Rule 1.06(B), any party requesting oral argument on any matter on this calendar must comply with the following procedure:

To request limited oral argument, on any matter on this calendar, you must call the Law and Motion Oral Argument Request Line at (916) 874-2615 by 4:00 p.m. the Court day before the hearing and advise opposing counsel. At the time of requesting oral argument, the requesting party shall leave a voice mail message: a) identifying themselves as the party requesting oral argument; b) indicating the specific matter/motion for which they are requesting oral argument; and c) confirming that it has notified the opposing party of its intention to appear and that opposing party may appear via Zoom using the Zoom link and Meeting ID indicated below. If no request for oral argument is made, the tentative ruling becomes the final order of the Court.

Unless ordered to appear in person by the Court, parties may appear remotely either telephonically or by video conference via the Zoom video/audio conference platform with notice to the Court and all other parties in accordance with Code of Civil Procedure 367.75. Although remote participation is not required, the Court will presume all parties are appearing remotely for non-evidentiary civil hearings. The Department 53/54 Zoom Link is https://saccourt-ca-gov.zoomgov.com/my/sscdept53.54 and the Zoom Meeting ID is 161 4650 6749. To appear on Zoom telephonically, call (833) 568-8864 and enter the Zoom Meeting ID referenced above. NO COURTCALL APPEARANCES WILL BE ACCEPTED.

Parties requesting services of a court reporter will need to arrange for private court reporter services at their own expense, pursuant to Government code §68086 and California Rules of Court, Rule 2.956. Requirements for requesting a court reporter are listed in the Policy for Official Reporter Pro Tempore available on the Sacramento Superior Court website at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-6a.pdf. Parties may contact Court- Approved Official Reporters Pro Tempore by utilizing the list of Court Approved Official Reporters Pro Tempore available at https://www.saccourt.ca.gov/court-reporters/docs/crtrp-13.Pdf

A Stipulation and Appointment of Official Reporter Pro Tempore (CV/E-206) is required to be signed by each party, the private court reporter, and the Judge prior to the hearing, if not using a reporter from the Court’s Approved Official Reporter Pro Tempore list.

Once the form is signed it must be filed with the clerk. If a litigant has been granted a fee waiver and requests a court reporter, the party must submit a Request for Court Reporter by a Party with a Fee Waiver (CV/E-211) and it

SUPERIOR COURT OF CALIFORNIA COUNTY OF SACRAMENTO

23CV000213: BERMUDEZ vs SN SERVICING CORPORATION, A BUSINESS ENTITY, et al. 10/05/2023 Hearing on Demurrer to Plaintiff's Complaint in Department 54

must be filed with the clerk at least 10 days prior to the hearing or at the time the proceeding is scheduled if less than 10 days away. Once approved, the clerk will be forward the form to the Court Reporter’s Office and an official reporter will be provided.