Aniel v. American Home Mortgage Servicing CA1/4
In this action challenging a nonjudicial foreclosure of rental property, Erlinda Aniel and her son, Marc Aniel, (the Aniels) appeal from a stipulated judgment after the trial court granted certain defense motions in limine regarding the evidence that could not be presented at trial on the Aniels’ cause of action fraud. Previously, the trial court had sustained demurrers dismissing, among other things, the Aniels’ claim for wrongful foreclosure. We conclude the Aniels’ first amended complaint failed to allege a viable cause of action for wrongful foreclosure and that the trial did not abuse its discretion in preventing evidence related to this claim at trial. Additionally, the trial court did not err in dismissing Erlinda as party for lack of standing. Finally, the Aniels challenge the trial court order awarding attorney fees to defendants and respondents American Home Mortgage Servicing, Inc. (AHMSI) and Deutsche Bank National Trust Company, as Trustee for Harborview Mortgag
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