California Court of Appeal

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Harris v. Wachovia Mortgage, FSB, E048585

In a suit for breach of contract, breach of the implied covenant of good faith and fair dealing, and unfair business practices, trial court's order sustaining without leave to amend a demurrer to plaintiffs' first amended complaint is affirmed in part, reversed in part and remanded where: 1) the demurrer was properly sustained without leave to amend as to the unfair business practices claim as it was added without leave of court and exceeded the scope of the court's order granting leave to amend the original complaint; 2) the demurrer was properly sustained as to the breach of the covenant of good faith and fair dealing claim as plaintiffs have not pleaded a violation of any duty arising under tort law; 3) the demurrer was improperly sustained as to the breach of contract claim as the settlement agreement is not preempted by Home Owners' Loan Act (HOLA); and 4) the award of costs including attorney fees is reversed as a matter of law.

Appellate Information

  • Decided 06/18/2010
  • Published 06/18/2010

Judges

Court

  • California Court of Appeal

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