California Court of Appeal

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Aspiras v. Wells Fargo, D061449

Dismissal of plaintiffs' complaint alleging fraud, negligent misrepresentation and violation of the Unfair Competition Law against defendant-bank arising out statements regarding loan modification and the foreclosure of plaintiffs' home, is affirmed, where: 1) the allegations do not provide defendant with sufficient notice, or enough foundation to make out a prima facie charge of fraud; 2) plaintiffs' operative complaint fails to state a claim under the unfairness prong of the Unfair Competition Law because they cannot allege plaintiff's alleged dual tracking, when it occurred in 2010, offended a public policy tethered to any underlying constitutional, statutory or regulatory provision; and 3) plaintiffs' negligence claim fails because the conventional-money lender test is sufficient to determine that there is no duty of care owed in servicing plaintiffs' mortgage loan and loan modification.

Appellate Information

  • Decided 09/17/2013
  • Published 09/17/2013

Judges

  • O'ROURKE

Court

  • California Court of Appeal

Counsel