Fuller

Fuller v. First Franklin Financial Corp.

Good Law
216 Cal. App. 4th 955
Court of Appeal of CaliforniaMay 29, 2013C070452California5,061 words

Opinion

Opinion

Butz, J.

Plaintiffs Michael Fuller and Karen Gehrig, a married couple living in Oroville, initiated this action in November 2010 against First Franklin Financial Corporation (First Franklin), Bank of America, and Sacramento First Mortgage (SFM). SFM was plaintiffs’ loan broker, First Franklin was the original lender funding the purchase of their home in June 2006, and Bank of America is First Franklin’s successor in interest on the loan. In their fourth effort at stating a cause of action, under direction from the trial court “to provide further allegations of late discovery of the [actionable] facts,” plaintiffs alleged defendants First Franklin and SFM, pursuant to a scheme of predatory lending, made material misrepresentations and fraudulent concealments of circumstances in the appraisal of the residence and in the terms of. the loan in order to maximize their profit, which the plaintiffs did not discover until late 2009. Plaintiffs listed several counts (inexactly denominated “causes of action” (see Cullen v. Corwin (2012) 206 Cal.App.4th 1074, 1076, fn. 1 [ 142 Cal.Rptr.3d 419 ])) that included theories of deceit, negligence, unfair business practices, SFM’s breach of its…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.