Frank v. SchoolsFirst Federal Credit Union

disclosed on the certificate of ownership.” (T & O Mobile Homes, Inc. v. United California Bank (1985) 40 Cal. 3d 441, 455.)

Schools argues this is an issue that can be determined at the demurrer stage. “Generally, questions of reasonableness are regarded as questions of fact or mixed questions of law and fact. (See Schwartz v. Helms Bakery Limited (1967) 67 Cal.2d 232, 237, fn. 3, 60 Cal.Rptr. 510, 430 P.2d 68 [in the tort context, reasonableness is a mixed question of law and fact traditionally answered by juries].) Similarly, “courts generally treat commercial reasonableness as a question of factual determination for the jury, although some courts view it as a mixed question of law and fact.” (Abyad, Commercial Reasonableness in Karl Llewellyn's Uniform Commercial Code Jurisprudence, supra, 83 Va.

L.Rev. at p. 451, fns. omitted.) In addition, “the question whether a buyer is in the ordinary course of business is indeed one of fact for purposes of appellate review.” ‘ “ (Brasher's Cascade Auto Auction v. Valley Auto Sales & Leasing (2004) 119 Cal. App. 4th 1038, 1059.)

However, as noted by Schools, the purchasers of the subject vehicles are not parties to this action. It appears that they may need to be added to determine whether they were bona fide purchasers for value and whether their interests in the subject vehicles and/or payments is valid.

The demurrer is SUSTAINED with leave to amend as to this COA.

2) Motion to Strike

Schools’ motion to strike portions of the FAC is GRANTED in part and DENIED in part as noted in the ruling on LAFCU above.

C) Navy Federal Credit Union

Defendant Navy Federal Credit Union’s (“Navy”) demurrer to the FAC is SUSTAINED.

As to COA numbers six through nine, the demurrer is SUSTAINED with leave to amend as noted in the LAFCU ruling above.

As to COA number five, the demurrer is SUSTAINED with leave to amend as noted in the Schools ruling above. The court will also note that while Navy argues this COA is derivative of the other COA, Plaintiff is permitted to plead in the alternative (