What is the effect of a second cause of action to set aside a trustee's sale for violation of section 2923.5 and section 2924(a)(5) of the California Real Estate Code?

California, United States of America

The following excerpt is from Aksnes v. U.S. Bank Nat'Lass'N, A143297 (Cal. App. 2016):

After a hearing, the court adopted its tentative ruling and sustained the demurrer to the first amended complaint without leave to amend. The court ruled that the "second cause of action to set aside the trustee's sale for violation of [] section[s] 2923.5 and 2924(a)(5) is moot" because the trustee sale had already occurred. The court added: "[R]egardless of any statutory violations, there exists a conclusive presumption of the regularity of the sale when the property is purchased by a bona fide purchaser. ([] 2924[, subd. ](c); Moeller v. Lien (1994) 25 Cal.App.4th 822, 831 [(Moeller)].)"

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What is the effect of a second cause of action to set aside a trustee's sale for violation of section 2923.5 and section 2924(a)(5) of the California Real Estate Code?

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