California Court of Appeal

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Alvarez v. BAC Home Loans Servicing, L.P., A138443

Judgment entered in favor of defendants, whose demurrer to plaintiffs’ complaint was sustained without leave to amend, is reversed as to the fraud, unfair competition and negligence causes of action, where: 1) the plaintiffs' complaint, though so poorly drafted as to describe only the concealment element of fraud, did in fact properly allege a fraud cause of action; 2) plaintiffs alleged facts establishing fraud liability; 3) the fraud claims are not barred by the statute of limitations; and 4) the complaint also properly alleged causes of action under the unfair competition law, and for negligence in the servicing of plaintiffs' loans.

Appellate Information

  • Decided 08/07/2014
  • Published 08/07/2014




  • California Court of Appeal