Alpert, Barr & Grant is pleased to announce that Gary Barr and Alexander Kasendorf prevailed for the firm’s client before the Court of Appeal, in a lawsuit alleging improprieties in the client’s loan servicing practices.
The trial court entered judgment in the client’s favor by sustaining a demurrer without leave to amend. The Plaintiffs appealed the judgment, but in a unanimous decision the Court of Appeal affirmed the trial court’s decision that the complaint did not include any viable allegations against the client and that the trial court properly awarded legal fees to the client. The Court of Appeal also granted the firm’s client costs incurred on appeal.
Prevailing on a demurrer without granting leave to amend is highly unusual and rarely obtained. Alpert, Barr & Grant obtained the Judgment without filing an Answer to the Complaint or spending necessary costs to prepare for trial.
We commend Gary and Alex for their outstanding work on this complex matter!