California Court of Appeal

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Rossberg v. Bank of America, G047028

Judgment dismissing plaintiffs' to prevent defendants from selling plaintiffs' home at a nonjudicial foreclosure sale after the plaintiffs defaulted on two loans secured by deeds of trust is affirmed, where: 1) plaintiffs failed to adequately allege the existence of an enforceable agreement to modify their loans or that defendants failed to comply with the statutory requirements for conducting a nonjudicial foreclosure; 2) the trial court did not err in denying leave to amend because plaintiffs failed to specifically show how they could amend their pleading to state a cause of action; and 3) plaintiffs' petition for writ of mandate to prevent defendants from evicting them from their home during this appeal is dismissed as moot.

Appellate Information

  • Decided 09/26/2013
  • Published 09/26/2013

Judges

  • ARONSON

Court

  • California Court of Appeal

Counsel