Defendant’s Requests For Judicial notice in a footnote in the demurrer, and in reply to the Plaintiff’s opposition are each DENIED. The request in the body of the motion fails to comply with CRC 3.1304(c), and the request for judicial notice in connection with the Reply fails to establish why such notice was not sought with the moving papers.

Defendant Stearns Lending, LLC’s Demurrer to The First Cause of Action For Declaratory Relief in the Second Amended complaint (“2ndAC”) is SUSTAINED with leave to amend, on the basis that it fails to state facts sufficient to state a cause of action, and, and to the extent that Plaintiffs allege that a foreclosure sale has occurred, on the basis that the 2ndAC fails to allege unconditional tender of the Loan balance.

The Demurrer to The Second Cause of Action For Wrongful Foreclosure is SUSTAINED with leave to amend, on the basis that it fails to state facts sufficient to state a cause of action, and to the extent that Plaintiffs allege that a foreclosure sale has occurred, on the basis that the 2ndAC fails to allege unconditional tender of the Loan balance.

The Demurrer to The Third Cause of Action For Cancellation of Instruments is SUSTAINED with leave to amend, on the basis that it fails to state facts sufficient to state a cause of action, and on the basis that the 2ndAC fails to allege unconditional tender of the Loan balance.

The Demurrer to The Fourth Cause of Action For Quiet Title is SUSTAINED with leave to amend, on the basis that it fails to state facts sufficient to state a cause of action, and on the basis that the 2ndAC fails to allege unconditional tender of the Loan balance.

The Demurrer to The Fifth Cause of Action For Unfair Competition and Violation of Bus. & Prof. Code § 17200  is SUSTAINED with  leave to amend, on the basis that it fails to state facts sufficient to state a cause of action, and to the extent that Plaintiffs allege that a foreclosure sale has occurred, on the basis that the 2ndAC fails to allege unconditional tender of the Loan balance.

The Demurrer to The Sixth Cause of Action For Fraud is SUSTAINED with leave to amend, on the basis that it fails to state facts sufficient to state a cause of action, and to the extent that Plaintiffs allege that a foreclosure sale has occurred, on the basis that the 2ndAC fails to allege unconditional tender of the Loan balance.

The Demurrer to The Seventh Cause of Action For Injunctive Relief is SUSTAINED with leave to amend, on the basis that it fails to state facts sufficient to state a cause of action, and to the extent that Plaintiffs allege that a foreclosure sale has occurred, on the basis that the 2ndAC fails to allege unconditional tender of the Loan balance.

The Demurrer to The Eighth Cause of Action For Ejectment is SUSTAINED with leave to amend, on the basis that it fails to state facts sufficient to state a cause of action, and to the extent that Plaintiffs allege that a foreclosure sale has occurred, on the basis that the 2ndAC fails to allege unconditional tender of the Loan balance.

Plaintiffs to file and serve an amended complaint within ten days.

Moving party to give notice.