JENNY SILVA-ROLAND ET AL VS. BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK ET AL

SF Superior Court - Real Property / Housing Dept 501 - CGC23607732 - June 27, 2025 Hearing date: June 27, 2025 Case number: CGC23607732 Case title: JENNY SILVA-ROLAND ET AL VS. BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK ET AL Case Number: | | CGC23607732 | Case Title: | | JENNY SILVA-ROLAND ET AL VS. BANK OF NEW YORK MELLON FKA THE BANK OF NEW YORK ET AL | Court Date: | | 2025-06-27 09:30 AM | Calendar Matter: | | DEMURRER to Amended COMPLAINT | Rulings: | | Real Property/Housing Court Law and Motion calendar for June 27, 2025, line 2.

Defendant Servicelink Agency Sales and Posting LLC's Demurrer to Amended Complaint is SUSTAINED WITH FINAL LEAVE TO AMEND. The document that forms the basis of Plaintiffs' claims against ServiceLink-the Notice of Default-is conditionally privileged, (Kachlon v. Markowitz (2008) 168 Cal.App.4th 316, 343; Schep v. Capital One (2017) 12 Cal.App.5th 1331,1336), and the SAC fails to allege any facts that establish that ServiceLink acted with malice or that they had any reasonable basis to believe that the notice of default was inaccurate. =(501/CFH)

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Parties who intend to appear at the hearing must give notice to opposing parties and the court promptly, but no later than 4:00 p.m. the court day before the hearing unless the tentative ruling has specified that a hearing is required.

Notice of contesting a tent ative ruling shall be provided by sending an email to the court to Department501ContestTR@sftc.org with a copy to all other parties stating, without argument, the portion(s) of the tentative ruling that the party contests. A party may not argue at the hearing if the opposing party is not so notified and the opposing party does not appear. | |