Opinion
No. CV-S-04-1071-KJD-LRL.
March 24, 2006
ORDER
Presently before the Court is Defendant, CANYON LENDERS, Motion to Dismiss (#107). The Court has also read and considered the opposition (#115) and the Reply (#121).
ANALYSIS
CANYON LENDERS' Motion is based on the alleged failure of Plaintiff to name a number of parties. Those "parties" are the former beneficiaries of the Second Deed of Trust. CANYON LENDERS, which was not a beneficiary of the Second Deed of Trust acquired title to the property at a Trustee's Sale on March 27, 2003, by using a credit bid with no cash consideration. CANYON LENDERS later transferred the property to another entity.
Until such time as the Court rules that the Trustee's Sale is void, Defendant's motion is premature. Accordingly, Defendant CANYON LENDERS' Motion to Dismiss (#107) is DENIED as premature.