California Court of Appeal

In a homeowner's suit against various defendants for negligent misrepresentation, fraud, breach of oral contract, violation of Civil Code section 2924g(d), intentional infliction of emotional distress, and rescission of the foreclosure sale of her home, trial court's grant of summary judgment in favor of the defendants is: 1) reversed as to summary adjudication for negligent misrepresentation, fraud, violation of section 2924g(d), and intentional infliction of emotional distress, where plaintiff has produced evidence creating triable issues of fact as to whether the loan company induced her to miss a loan payment, thereby wrongfully placing her loan in foreclosure, and whether she suffered damages as a result; but 2) affirmed as to summary adjudication of the causes of action for breach of oral contract, negligent infliction of emotional distress, and rescission in favor of the remaining defendants, because plaintiff is no longer pursuing claims against them.

Appellate Information

• Decided 09/11/2012
• Published 09/11/2012

Judges

• Fybel

Court

• California Court of Appeal

Counsel