California Court of Appeal

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Lueras v. BAC Home Loans, G046799

In an action alleging negligence, breach of contract, violation of the Perata Mortgage Relief Act, fraud/misrepresentation, unfair and unlawful practices, and to quiet title against defendants, arising the foreclosure of plaintiff's home, the trial court's order sustaining without leave to amend defendants' demurrer to plaintiff's First Amended Complaint, is: 1) affirmed in part, as to defendant Fannie Mae, where there are no allegations directed specifically to Fannie Mae; 2) affirmed in part, as to defendants Bank of America and ReconTrust, with regard to the causes of action for violation of Civil Code section 2923.5 and to quiet title; but 3) reversed and remanded in all other respects, with directions to grant plaintiff leave to file an amended complaint.

Appellate Information

  • Decided 10/31/2013
  • Published 10/31/2013

Judges

  • FYBEL

Court

  • California Court of Appeal

Counsel