Yaghobi

BACKGROUND

This case arises out of Yaghobi’s attempts to obtain a loan modification on the trust deed on real property he owned. Because we are reviewing a judgment of dismissal after the sustaining of a demurrer without leave to amend, our summary of the facts is drawn from the allegations in Yaghobi’s operative pleading. Yaghobi alleges that in 2010 he retained certain individuals and entities to assist and represent him in his loan modification efforts. The first law firm that he retained advised him to stop paying his mortgage, apparently in order to put pressure on the lender, Wells Fargo. In early 2011, Yaghobi became concerned about that approach and went to a Wells Fargo office to try “to pay his mortgage,” but Wells Fargo “refused [the] payment.” A few months later, Yaghobi received notice of a trustee’s sale of the property. He informed his attorney, who told him that “there was nothing else that could be done in his case and that he would have to file [b]ankruptcy.” Yaghobi then retained new counsel to file his bankruptcy petition and represent him in negotiations with Wells Fargo. The bankruptcy petition was filed on April 29 but dismissed on May 20 for failure to…