California Court of Appeal

In an appeal from an order of the trial court granting defendant's motion for summary judgment in a complaint to set aside a foreclosure sale for predatory lending, judgment is reversed where summary judgment was improper because:1) the homeowner presented sufficient evidence of triable issues of material fact with regard to the alleged unconscionability of the transaction; and 2) the motion did not address a pertinent exception to the tender requirement, which the homeowner had raised in his complaint.

Appellate Information

• Decided 12/21/2011
• Published 12/21/2011

Judges

• WALSH

Court

• California Court of Appeal

Counsel