The trial court erred in denying plaintiff leave to amend. Plaintiff allegedly acquired title from a supposed purchaser at a short sale and claimed to be able to allege that the party that later foreclosed on the property lacked any interest in the deed of trust because it was the assignee of a second assignment from the same owner which had earlier assigned the same deed of trust to a different party and thus lacked any interest in the deed of trust at the time of the second assignment—the same sort of allegation that Sciarratta v. U.S. Bank, National Association (2016) 247 Cal.App.4th 552 found to state a viable claim.
California Court of Appeal, Second District, Division 1 (Johnson, J.); August 16, 2018; 26 Cal. App. 5th 270