Smith v. Wells Fargo Bank
Appellant Neil Smith sought to save his home from foreclosure by filing a complaint for declaratory relief and quiet title. The trial court dismissed the action against Wells Fargo Bank, N.A. (Wells Fargo), and Smith appeals from that dismissal. We conclude the court properly sustained the demurrer to the quiet title cause of action but should have overruled the demurrer to the declaratory relief cause of action because Smith stated a claim for violation of Civil Code section 2923.5 (section 2923.5). We reverse the order of dismissal.
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