Dintino

Defendant Richard K. Dintino appeals a judgment entered in favor of plaintiff IndyMac Bank, F.S.B. (Bank), in its action against him arising out of his nonpayment of a home loan. The trial court granted Dintino’s motion for summary adjudication of Bank’s breach of contract cause of action, but denied his motion for summary adjudication of Bank’s causes of action for unjust enrichment and money lent. The parties then stipulated to a bench trial on their briefs on the sole issue of the amount of damages due Bank on its unjust enrichment cause of action. The court entered judgment for Bank in the amount of $268,177.61, plus prejudgment interest of $147,007.30. The court subsequently denied Dintino’s motion for an award of attorney fees he incurred in defending against Bank’s breach of contract cause of action.

On appeal, Dintino contends the trial court erred by denying (1) his motion for summary adjudication of Bank’s unjust enrichment cause of action because it is barred by the Code of Civil Procedure section 338, subdivision (d), three-year statute of limitations; (2) his motion for summary adjudication of Bank’s money lent cause of action because it, together with…