Malkoskie v. Option One Mortgage Corp.

Opinion

GRIMES, J.

Plaintiffs and appellants Mariana Malkoskie and Pablo Juarez (plaintiffs) 1 brought this action for quiet title and related claims seeking to set aside a nonjudicial foreclosure sale and subsequent eviction. They sued various defendants, including Sand Canyon Corporation, erroneously sued as Option One Mortgage Corporation (Option One), 2 and Wells Fargo Bank, N.A., as Trustee for Master Asset Backed Securities Trust 2005 OPT1 (Wells Fargo). Option One and Wells Fargo (collectively defendants) filed a demurrer challenging plaintiffs’ operative second amended complaint. The…