Orange County Superior Court Judge Robert J. Moss granted a terminating motion on October 23, 2014 ending a 2 year battle and what experts believed would have been the first wrongful foreclosure action in Orange County to make it to jury trial.
Plaintiffs’ filed a five (5) count complaint alleging wrongful foreclosure and related theories of recovery against multiple Defendants including U.S. Bank National Association and others involved in the foreclosure sale of Plaintiffs home (Morgan v. U.S. Bank National Association, OCSC Case No: 30-2011-00449892).
Plaintiffs claim they never received notice of the sale and came home from vacation to find their home sold. Plaintiff sought to introduce expert testimony that the sale was not properly conducted because no notice of sale was received.
All defendants settled out before trial with the exception of the trustee’s agent who conducted the posting and sale.
On the fourth day of trial Anaheim attorney Douglas Pettibone brought a non-suit motion claiming Plaintiffs evidence was insufficient to allow the case to go to verdict. A nonsuit motion allows a defendant to challenge the sufficiency of the evidence offered by a plaintiff at an early stage of the trial. The judge agreed.
Pettibone is filing motion for costs as prevailing party.
An appeal is pending.