United States Ninth Circuit
Campidoglio LLC v. Wells Fargo and Company, 14-35898
In a case alleging the miscalculation of interest on loans the court determined that the Home Owners' Loan Act (HOLA) does not preempt common law breach of contract claims, affirmed that summary judgment for the defendant loan provider was appropriate as it related to the use of unapproved indexes because the lenders gave notice to their primary regulators of the intent to change indexes and there was no objection, affirmed the denial of the borrower's motion for discovery sanctions because there was no prejudice resulting from the ruling, and vacated the denial of attorneys' fees pursuant to the HOLA ruling.
Appellate Information
- Published 2017/09/12
Judges
- CALLAHAN
Court
- United States Ninth Circuit