Ulloa

Ulloa v. JPMorgan Chase Bank CA4/2

Good Law
Court of Appeal of CaliforniaSeptember 3, 2013G047232California1,844 words

Opinion

Opinion

FACTS

In April 2006, Ulloa purchased an apartment building on Broadway in Santa Ana, borrowing $640,000 from Alliance Bancorp. Thereafter the loan was transferred to JP Morgan Chase Bank (hereafter, Chase). Sometime prior to December 2008 Ulloa stopped making regular payments, and a foreclosure sale was set for March 16, 2011. Ulloa was unable to obtain a loan modification, but five days before the scheduled sale, on March 11, 2011, he filed this action against Chase and a group of other entities related to the servicing of his mortgage. Ulloa obtained a temporary restraining order, but the restraining order was dissolved when the trial court denied his request for a preliminary injunction on July 1. According to respondent‟s brief, the property remains unsold to this day. Ulloa‟s complaint alleged these causes of action: (1) intentional fraud; (2) violation of section 2923.5 of the Civil Code; (3) declaratory relief; (4) intentional infliction of emotional distress; (5) promissory note; and (6) unfair competition. Chase and the other defendants demurred to all these causes of action. The trial court sustained the demurrer to all the causes of action except the one for violation…

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