2015-00804119 Farivar vs. Stearns Lending, Inc.
Defendant, MTC Financial, Inc., dba ?Trustee Corps? Motion For Judgment on the Pleadings is GRANTED without leave to amend as to the 1st ? 8th Causes of Action in Plaintiffs Second Amended Complaint.
This is the third iteration of the Plaintiff?s Complaint, and to date, Plaintiffs have been unable to successfully plead a valid claim against this Defendant. Additionally, as trustee acting under the deed of trust, Defendant?s actions in connection with such non-judicial foreclosure are privileged. Civ. Code ? 2924(d).
Plaintiff has the burden of proving that there is a reasonable possibility that the defect can be cured by amendment.? Blank v. Kirwan (1985) 39 Cal.3d 311, 318. As the Plaintiffs have not opposed this motion, they have not shown that further leave to amend could cure the defects identified in the motion.
Given the number of opportunities the Plaintiffs have had to successfully plead a valid claim, a reasonable inference arises that the Plaintiffs have pled the best case they can, thus the court grant judgment on the pleadings without further leave to amend.
Moving party to give notice