Vaughan
Matthew V. Vaughan and Amy A. Vaughan v. Federal National Mortgage Association, Movement Mortgage, LLC, Compass California II, Inc., and Old Republic National Title Insurance Company
Opinion
Trial Court Opinion
I. BACKGROUND
1 A. Statement of Facts 2 Plaintiffs make the following allegations in the FAC, which the court takes as true for 3 purposes of this motion. The case revolves around Plaintiffs’ purchase of a unit in the “Trask 4 Lofts,” a condo project located at the corner of Trask Street and Kingsland Avenue in East 5 Oakland. FAC ¶ 17. The Trask Lofts consists of a single building with five contiguous two-story 6 loft-style units. Id. Plaintiffs’ unit will be referred to as “Unit 5410.” Id. ¶ 16. 7 Compass listed Unit 5410 in December 2020 as “a new residential condo.” FAC ¶ 276. 8 Between January 24, 2021 and January 26, 2021, Plaintiffs approached Compass agent Jason 9 Mitchell and Movement mortgage broker J. Jay Simmons about potentially purchasing Unit 5410 10 with conventional financing. Id. ¶ 28. Compass provided “real estate sales services,” and 11 Movement provided “conventional mortgage origination services.” Id. ¶ 30. Plaintiffs informed 12 the Compass and Movement agents that they were looking for a residential unit they could 13 purchase at an affordable price and ultimately sell so they could buy a new home. Id. ¶¶ 27-28. 14 Simmons assured…