Garcia

Garcia v. World Savings, FSB

Good Law
107 Cal. Rptr. 3d 683·183 Cal. App. 4th 1031·2010 Cal. App. LEXIS 494
Court of Appeal of CaliforniaApril 9, 2010B214822California6,584 words

Opinion

Opinion

Manella, J.

Appellants Francisco and Maria Elena Garcia brought suit against their lender, respondent World Savings, FSB, for wrongful foreclosure, breach of contract, promissory estoppel, and unfair business practices. The trial court granted respondent’s motion for summary judgment, concluding that the foreclosure was valid, that the breach of contract claim was unsupported by consideration, that the promise allegedly made was insufficiently specific to support promissory estoppel and that the unfair business practices claim had no basis. We reverse with respect to the claim for promissory estoppel, but otherwise affirm.

FACTUAL AND PROCEDURAL BACKGROUND

A. Undisputed Facts

Most of the essential facts were not disputed for purposes of summary judgment. In September 2004, appellants purchased a residential property in Artesia using funds obtained from respondent. The property was subject to a deed of trust. Between October 2006 and August 2007, appellants failed to make payments on the loan. In January 2007, respondent sent appellants a notice of default. In May 2007, respondent sent appellants a notice of trustee’s sale to take place June 21, 2007, later continued by respondent…

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