California Court of Appeal

In a suit to set aside a trustee's sale, arising out plaintiffs' loss of their home through a nonjudicial foreclosure sale to defendant, who brought an unlawful detainer action to evict plaintiffs from the home, the judgment entered in favor of defendants is reversed where: 1) plaintiffs adequately allege the first element of their cause of action to set aside the trustee's sale because they have alleged that the original loan and the loan modification were unconscionable and unenforceable, such that the trustee's sale of the property enforcing them was illegal; and 2) plaintiffs have alleged an actionable unlawful or unfair business practice by the bank defendants as well as standing to assert a claim under the unfair business competition law (UCL) of Business and Professions Code section 17200 et seq.

Appellate Information

• Published 2016/02/11

Judges

• PREMO

Court

• California Court of Appeal

Counsel