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DeMUCHA v. WELLS FARGO HOME MORTGAGE INC.

No. F059476.

MARK DEMUCHA et al., Plaintiffs and Appellants, v. WELLS FARGO HOME MORTGAGE INC., Defendant and Respondent.

Court of Appeals of California, Fifth District.

Filed July 5, 2011.

Attorney(s) appearing for the Case

Law Offices of Michael D. Finley and Michael D. Finley for Plaintiffs and Appellants.

Kutak Rock , Jeffrey S. Gerardo and Steven M. Dailey for Defendant and Respondent.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

OPINION

FRANSON, J.

This case presents a classic example of the longstanding rule that "in passing upon the question of the sufficiency or insufficiency of a complaint to state a cause of action, it is wholly beyond the scope of the inquiry to ascertain whether the facts stated are true or untrue" as "[t]hat is always the ultimate question to be determined by the evidence upon a trial of the questions...

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