Graham

INTRODUCTION

Marvin B. Graham borrowed money to purchase a house in 2004. Approximately seven years later, he defaulted on his loan and received a notice of sale. Graham filed this action to halt foreclosure proceedings and to cancel the note. He contends “defendants’ Lending Personnel” made fraudulent misrepresentations or omissions by stating the appraised fair market value of his home in 2004 was “increasing” and that the loan was “good for [him],” while allegedly knowing the appraisal was “outrageously speculative.” Taking issue with industrywide mortgage banking practices, Graham seeks to hold defendants responsible for the decline in his property value as well as the collapse of the real estate market.

Graham appeals a judgment of dismissal after the court sustained a demurrer to his second amended complaint (SAC) without leave to amend. He contends he sufficiently alleged facts to support his causes of action for fraud and deceit, violations of Business and Professions Code section 17200 and declaratory relief. He also contends it was an abuse of discretion to deny further leave to amend. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

We derive the facts from the…