Hacker v. American Home Mortgage Servicing CA2/1
A property owner sued several financial entities and individuals for claims arising from an allegedly void assignment of a deed of trust. The trial court sustained demurrers to the complaint without leave to amend, but we reversed the resulting judgment and directed the court to grant leave to amend. The owner filed a second amended complaint two days beyond the statutory 30 days after remittitur, which defendants moved to have stricken. The court granted defendants’ motion, entered a judgment of dismissal, and denied the owner relief from the dismissal pursuant to the discretionary provision of Code of Civil Procedure section 473, finding no surprise, mistake, or excusable neglect.
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