The first paragraph of the appellate opinion best describes why the appellate court reversed the grant of defendant bank’s demurrer and remanded the matter to the trial court for further proceedings: “This appeal represents another example of what is becoming a well-established and predictable pattern. A homeowner in distress because of the meltdown of the […]
Summary Judgment Affirmed On Fraud Causes Of Action.
Cross-complainant purchased Blackacre. After close of escrow, the owners of the adjacent property, Whiteacre, claimed easement rights across Blackacre and sued to quiet title. The dispute concerned the use of a paved driveway between two commercial properties which had been openly and notoriously used by Whiteacre for years. The owner of Blackacre cross-complained for concealment/suppression […]
Heightened Standard For Pleading Fraud Met By Attaching Loan Documents To Complaint.
Plaintiffs’ complaint alleges, among other things, fraud and unfair business practices in the origination of plaintiffs’ residential mortgage loans, and negligence in the subsequent servicing of the loans, including negligent review of plaintiffs’ applications for loan modification. Plaintiffs contend the trial court erred in sustaining defendants’ demurrer when it concluded the complaint fails to allege […]
Mechanic’s Lien Eliminated After Deed In Lieu Of Foreclosure.
Property was subject to a first deed of trust and a mechanic’s lien. The property owner defaulted on the loan secured by the trust deed. Faced with foreclosure on that senior debt, the property owner gave the trust deed beneficiary title to the property by means of a grant deed in lieu of foreclosure. The […]
Plaintiff Allowed 128.7’s Safe Harbor Period To Come And Go Against Real Estate Agent, And The Court Ordered Her And Her Lawyer To Pay $60,000 In Defense Attorney Fees.
Plaintiff purchased a home from defendants. Two years later, plaintiff brought an action against defendants and their real estate agent to recover damages for their failure to disclose defective subfloors in the home. The real estate agent moved for terminating and monetary sanctions against plaintiff and her counsel pursuant to Code of Civil Procedure section […]
Can’t Blame Loss Of Property Value After Foreclosure On Appraisal Done Seven (7) Years Earlier.
After his home was placed in foreclosure in 2011, plaintiff brought an action to try to halt foreclosure proceedings. In it, he contended defendant made fraudulent misrepresentations or omissions by stating the appraised fair market value of the home in 2004 was increasing and that the appraisal was outrageously speculative. The trial court sustained defendant’s […]
Borrower Lacks Standing To Enforce Agreement Relating To Sale Of Promissory Note On Her Home.
After defendant financial institution sold plaintiff’s promissory note, plaintiff brought an action to quiet title of her residence in herself. Defendant demurred because plaintiff failed to allege tender to cure her default on the promissory note. The trial court sustained the demurrer without leave to amend. On appeal, the appellate court considered whether plaintiff should […]
Fair Market Value Of Ritz Carlton Inflated By Tax Man.
The Ritz Carlton Half Moon Bay contends the county tax assessor inflated the value of the hotel by including $16,850,000 in nontaxable intangible assets when assessing its fair market value. The appellate court agreed with the hotel, concluding “the income method at issue here violated [Revenue & Taxation Code] section 110, subdivision (d), by failing […]
Different Result In Similar Asbestos Case Decided A Few Weeks Later.
A case involving similar allegations was decided a few weeks later, this time with a different result. In the second case, it was the worker’s wife who was exposed to asbestos which adhered to her husband’s clothing when he worked for a railway during the 1970s. She sued on a theory of premises liability, contending […]
Destroy Or Remove Fixtures From Foreclosed Property And Go To Jail.
Under Penal Code section 502.5, a borrower under a loan secured by real estate may not intentionally harm the lender by removing statutorily specified improvements from the encumbered premises. Defendants, a husband and wife, were convicted of violating section 502.5 by taking fixtures from their foreclosed home. A jury found an enhancement of “great taking” […]
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