Holding that, ordinarily, a financial institution acting within the scope of its conventional activities as a lender owes no duty of care to a borrower
Holding with respect to other notices required to foreclose that the "trustor need not receive actual notice of the trustee's sale so long as notice is provided to the trustor that is in compliance with the statute."
Holding that a borrower may state a cause of action under § 2923.5 by alleging the lender did not actually contact the borrower or otherwise make the required efforts to contact the borrower despite a contrary declaration in the recorded notice of default
Stating that the elements of a cause of action for negligence are a legal duty; (b) breach of such legal duty; and (c) that the breach proximately caused the resulting injury
14 Cal.App.4th 612 (Cal. Ct. App. 1993) Cited 383 times
Holding that " demurrer for uncertainty is strictly construed, even where a complaint is in some respects uncertain, because ambiguities can be clarified under modern discovery procedures."
118 Cal.App.4th 269 (Cal. Ct. App. 2004) Cited 245 times
Imposing a duty is "'an expression of policy considerations leading to the legal conclusion that a plaintiff is entitled to a defendant's protection.'"
725 F. Supp. 2d 862 (N.D. Cal. 2010) Cited 202 times
Holding that absent specific allegations that the lending party asserted its rights to foreclose in bad faith, an IIED claim will not lie in a foreclosure case
Explaining "[t]he party against whom a complaint ... has been filed may object, by demurrer ..., to the pleading" on the basis that "[t]he pleading does not state facts sufficient to constitute a cause of action"
Authorizing a lender to pursue foreclosure against a defaulted borrower if "[t]he borrower accepts a written first lien loan modification, but defaults on, or otherwise breaches the borrower's obligations under, the first lien loan modification"
Prohibiting the recording of foreclosure documents without verifying the right to foreclose and including inaccurate information in foreclosure-related filings