Davies

Davies v. Sallie Mae, Inc.

Good Law
168 Cal. App. 4th 1086·2008 Cal. App. LEXIS 2375·86 Cal. Rptr. 3d 136
Court of Appeal of CaliforniaOctober 31, 2008A119944California4,132 words

Opinion

Opinion

Ruvolo, J.

Stephen T. Davies (Davies) appeals from the trial court’s grant of demurrers to his second amended complaint (SAC) without leave to amend. Finding the trial court committed no error in determining Davies’s SAC failed to state a cause of action against his student loan note holders, we affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

Davies obtained federal Stafford student loans from respondents Sallie Mae, Inc. (Sallie Mae), and EdFund to fund his education between 1993 and 1997. In connection with his student loans, Davies signed a promissory note. Davies does not dispute his underlying obligation to pay his student loans. In 1998, Davies graduated from law school and his repayment obligations began. From 1998 through 2005, respondents granted his economic hardship deferment requests.

In connection with his deferment requests, between 1998 or 1999, and 2000, respondents requested, and Davies provided, verification of his income and economic hardship status. Pursuant to this request, Davies’s then employer, attorney Steven A. Schectman (Schectman), drafted letters substantiating Davies’s minimum income and employment status.

In October 2005, respondents placed Davies’s…

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