Morschauser v. T.D. Service Co.
Plaintiff and appellant William Morschauser filed an action against defendant and respondent TD Service Company (TD), arising out of a nonjudicial foreclosure for which TD was retained as substituted trustee. Morschauser, individually, and as a partner with Mohammad Abdizadeh, was a trustor of record on the underlying Deed of Trust, the beneficial interest of which previously had been assigned to Continental Capital, LLC (ConCap). Morschauser alleged causes of action against TD for negligence and intentional infliction of emotional distress. TD moved for summary judgment on the grounds that it had complied with its statutory duties pursuant to Civil Code section 2924 et seq.[1] and the documentation supported the beneficiary’s position. The trial court agreed, granting the motion and entering judgment in favor of TD. Morschauser appeals, contending there are triable issues of fact as to TD’s conduct in the administration of its trustee duties.
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