Turner v. Seterus, Inc.
Annotate this CasePlaintiffs Amy Arlene Turner and Joseph Zeleny sought damages from defendant Seterus, Inc. (Seterus) in their wrongful foreclosure lawsuit on the theory that Seterus had “frustrated [their] lawful attempt, pursuant to [Civil] Code [section] 2924c, to cure their default more than five days prior to the noticed foreclosure sale.” The trial court sustained Seterus’s demurrer to their third amended complaint without leave to amend. On appeal, plaintiffs contended the trial court erred. The Court of Appeal agreed in part and reversed the judgment with instructions to the trial court to vacate its order sustaining Seterus’ demurrer to the third amended complaint in its entirety without leave to amend and to instead enter a new order sustaining the demurrer without leave to amend as to the causes of action for intentional infliction of emotional distress and breach of contract, and overruling the demurrer as to the causes of action for intentional and negligent misrepresentation, negligence, wrongful foreclosure, and unlawful business practices.
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