BANK OF AMERICA’S MOTION FOR SUMMARY JUDGMENT DENIED | ORANGE COUNTY SUPERIOR COURT — “Did not establish the foundational basis that MERS could assign the Deed of Trust.”

SUPERIOR COURT OF CALIFORNIA, COUNTY OF ORANGE CENTRAL JUSTICE CENTER

Pauline Suarez

vs.

Bank of New York Mellon, National Association, as Trustee for the Certificateholders of CWALT, Inc., Alternative Loan Trust 2006-OA16, Mortgage Pass-Through Certificates, Series 2006-OA16

APPEARANCES Amanda L Gray, from Bergman & Gutierrez, LLP, present for Plaintiff(s).

Sean D Muntz, from BRYAN CAVE LLP, present for Defendant(s).

Tentative Ruling posted on the Internet .

The Court hears oral argument and confirms the tentative ruling as follows:

Deny. The Motion for Summary Judgment and Summary Adjudication are DENIED.

Defendant failed to meet its burden to establish that the causes of action have no merit. Plaintiff has met her burden to show triable issue of material facts exists as to both causes of action. [C.C.P. § 437c (p) (2).]

The Triable Issues of Material Fact are Nos. 4, 5, 6, 14, 15 & 16. Defendant did not establish the foundational basis that MERS could assign the Deed of Trust.

Plaintiff's Request for Judicial Notice is GRANTED.