Wanger

Appellant Susan Wanger appeals from the grant of summary judgment in favor of the mortgage company that foreclosed upon real estate that secured her loan. Wanger contends triable issues of material fact exist concerning her claims for breach of contract, negligence, violation of statutory duties, and interference with prospective economic advantage. We agree and reverse judgment.

Procedural Background

Wanger filed a complaint on January 28, 1998, to set aside the trustee’s sale of a single-family residential real estate located on West Alluvial Avenue in Fresno, California (the Property). After a series of demurrers, on November 22, 1999, Wanger filed her fifth amended complaint against respondent EMC Mortgage Corporation (EMC) and others. The fifth amended complaint alleges claims for breach of contract, negligence, violation of statutory duties, and interference with prospective economic advantage.

On August 21, 2000, EMC filed a motion for summary judgment or in the alternative summary adjudication, a separate statement of undisputed facts, and supporting declarations. On September 8, 2000, Wanger filed an opposition to the motion for summary judgment, a response to…