law.justia.com | December 5, 2014
SB Sheriff's Office nor County Recorder Not Required to Conduct Fraud Investigation before Complying with Court Order Demurrer Without Leave Sustained AFFIRMED
|Court: California Court of Appeal
|Opinion Date: December 3, 2014
|Areas of Law: Government & Administrative Law, Real Estate & Property Law
Plaintiff filed a wrongful foreclosure action against defendants, alleging that they unlawfully participated in a nonjudicial foreclosure and eviction process. The trial court sustained a demurrer without leave to amend and dismissed the matter. The court concluded that the complaint is a misguided Code of Civil Procedure 526a collateral attack on the unlawful detainer judgment; plaintiff is precluded from bringing a taxpayer action to set aside the trustee's sale; the trial court correctly ruled that a taxpayer's action may not be maintained where the challenged government conduct is legal; the sheriff is not required to conduct a fraud investigation before obeying a court order to evict a person from real property; plaintiff's objection to the recordation of the foreclosure documents is without merit; the county recorder is not required to conduct a fraud investigation before recording documents that are valid on their face; and the allegation that section 2924, subdivision (a) is not being enforced in post-foreclosure unlawful detainer actions does not state a cause of action. Plaintiff's remaining arguments are without merit and the court affirmed the judgment.
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Nancy Duffy McCarron, CBN 164780
Attorney, Real Estate Broker, BBB Arbitrator, CA Notary Public
Certified Forensic Loan Auditor, Property Manager
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