California Court of Appeal

In a case involving allegations of a wrongful foreclosure and related causes of action, the trial court's dismissal of plaintiff's breach of contract, fraud, and negligent misrepresentation causes of action pursuant to a sustained demurrer, and a summary judgment in favor of defendants on the wrongful foreclosure cause of action are: 1) reversed in regard to the demurred causes of action, where plaintiff adequately stated his claims and the court did not offer any explanation for its ruling; and 2) reversed as to wrongful foreclosure, where the court granted summary judgment on the sole basis that plaintiff could not prove damages because he did not have any equity in the home when it was sold at a non-judicial foreclosure sale, but wrongful foreclosure is a tort, and thus plaintiff may recover any damages proximately caused by defendants' wrongdoing, such as lost rental income and emotional distress suffered from the foreclosure.

Appellate Information

• Decided 04/29/2015
• Published 04/29/2015

Judges

• Ikola

Court

• California Court of Appeal

Counsel