Farrens v. CIT Bank, N.A. CA4/2
After the foreclosure sale of her property, plaintiff and appellant, Joani Farrens, filed a verified complaint against defendants and respondents, OneWest Bank, FSB, now CIT Bank, N.A. (OneWest) and OWB REO, LLC (OWB) for (1) wrongful foreclosure, (2) quiet title, (3) violation of the California Homeowner’s Bill of Rights (HBOR), and (4) unfair business practices. (Bus. & Prof. Code, § 17200.) Ms. Farrens later stipulated to dismiss the wrongful foreclosure and quiet title causes of action with prejudice after the trial court sustained a demurrer to those claims. Following the California Supreme Court’s decision in Yvanova v. New Century Mortgage Corp. (2016) 62 Cal.4th 919 (Yvanova), Ms. Farrens attempted to revive her wrongful foreclosure claim by seeking leave to amend her complaint. The trial court denied Ms. Farrens’s motion for leave to amend her complaint because she had already stipulated to dismiss with prejudice her claims for wrongful foreclosure and quiet title.
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