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Potocki v. Wells Fargo Bank, N.A., 081345

Reversed in part. Plaintiffs appealed from the trial court sustaining Defendant’s demurrer without leave to amend. Plaintiff contended that Defendant had an obligation to modify their home mortgage loan; that the trial court erred in finding no duty of care; and the loan modification denial did not satisfy CCP sec. 2923.6; and that intentional infliction of emotional distress was sufficiently pled. The appeals court reversed as to failure to satisfy CCP sec. 2923.6 and affirmed the rest.

Appellate Information

  • Decided
  • Published 2019/08/08


  • Murray


  • California Court of Appeal


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