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CGC24612966·sf·Civil·Real Property
Hearing 3 months agoSUSTAINED with leave to amend

ALBERT H. WONG ET AL VS. THE BANK OF NEW YORK MELLON ET AL

DEMURRER to Amended COMPLAINT

Hearing date
Jun 2, 2026
Department
501
Prevailing
Moving Party

Motion type

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Parties

PlaintiffALBERT H. WONG
DefendantTHE BANK OF NEW YORK MELLON
DefendantNEWREZ LLC D.B.A. SHELLPOINT MORTGAGE SERVICING

Ruling

Real Property/Housing Court Law and Motion Calendar for June 2, 2026. Line 2.

DEFENDANT NEWREZ LLC D.B.A. SHELLPOINT MORTGAGE SERVICING, THE BANK OF NEW YORK MELLON DEMURRER to Amended COMPLAINT is SUSTAINED with leave to amend as to all causes of action for Plaintiff to address in good faith all of Defendants' arguments made on demurrer, namely, how or why a scrivener's error would render the instrument void when the property address and assessor's parcel number are correct; addressing that California law does not require assignments of the deed of trust to be recorded; and facts demonstrating why BONY as holder of the Note would not be permitted to enforce the terms of the Deed of Trust as the holder of the Note endorsed in blank (attached to the SAC).

The Court also notes that there are no allegations of bad faith as to Shellpoint. =(501/CFH)

Parties may appear in-person, telephonically or via Zoom (Video - Webinar ID: 160 560 5023; Password: 172849; or Phone Dial in: (669) 254-5252; Webinar ID: 160 560 5023; Password: 172849).

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 tentative 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. | |

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