California Court of Appeal

Vuki v. Superior Court, G043544

Plaintiffs' petition for a writ of mandate, challenging an order of the Superior Court denying their request for a restraining order against HSBC Bank USA (HSBC), seeking a stay of eviction following foreclosure sale of plaintiffs' home, is denied and and the stay of eviction is discharged where: 1) neither section 2923.52 or section 2923.53 provides any private right of action, even on a very limited one as this court found in Mabry; and 2) plaintiffs' claim that section 2923.54(b) does not apply to lenders who themselves buy the property at foreclosure fails since any claim which the plaintiffs might have to invalidate the foreclosure sale based on section 2923.52 and 2923.53 necessarily entails a private right of action which the statutes do not give them.

Appellate Information

• Decided 10/29/2010
• Published 10/29/2010

Judges

• RYLAARSDAM

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Moses S. Hall