Zimmer

Zimmer v. Nawabi

Good Law
566 F. Supp. 2d 1025·2008 WL 2073956·2008 U.S. Dist. LEXIS 39390
United States District Court, Eastern District of CaliforniaMay 14, 2008CIV. 07-16 WBS KJMCalifornia4,754 words

Opinion

Opinion

Shubb, J.

MEMORANDUM AND ORDER RE: MOTION FOR SUMMARY JUDGMENT

Plaintiff Glenlyn A. Zimmer initiated this action after her refinance resulted in terms that were less advantageous than she was orally promised. Plaintiff now moves for summary judgment with respect to three of her state law claims against her broker, defendant Golden State Financing Corporation (“Golden State”).

I. Factual & Procedural Background

In November 2005, a Golden State employee contacted plaintiff and discussed the possibility of plaintiff refinancing her home in Stockton. (Pl.’s Stmt, of Undisputed Facts ## 7-11.) Plaintiff, who was seventy-nine years old at the time, pursued the option and applied for a loan on January 18, 2006. (Id. at ## 11-12; Zim-mer Decl. Ex. D (loan application indicating that plaintiffs date of birth is June 24, 1926).) Plaintiff was approved for a loan and Nawabi personally met with her on January 30, 2006 to execute the loan documents. (PL’s Stmt, of Undisputed Facts ## 13, 16.) At that meeting, Nawabi informed plaintiff that her refinance would result in a single loan with a monthly payment of $2,400.00 for the first month and $1,500.00 for each month thereafter and receipt of…

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