Hacker v. Homeward Residential, Inc.Annotate this Case
The successor trustee to the 1713 Stearns LaVerne Family Trust (Stearns), filed suit against numerous defendants for claims arising from an allegedly void assignment of the deed of trust (DOT) on real property located at 1713-1717 Stearns Drive in Los Angeles, California (the property), and a failed short sale agreement. The trial court sustained the demurrer as to some defendants and denied the trustee's request for leave to amend.
The Court of Appeal reversed and held that the trial court abused its discretion in denying leave to amend. The court held that the trial court properly sustained the demurrers to all causes of action; but that the trial court abused its discretion in denying leave to amend because the trustee was the owner of the property and had proposed facts that, if true, were sufficient to establish that the August 21, 2008 assignment was void. Accordingly, the trial court was directed to grant the trustee leave to amend the complaint.