Pestana

I. INTRODUCTION AND BACKGROUND1

Plaintiff Daniel Pestana sued his mortgage loan servicers, Bank of America, N.A., and BAC Home Loans Servicing, LP (collectively, “Bank”) after Bank denied his application for a loan modification under the federal Home Affordable Mortgage Program (HAMP), and instead offered him an allegedly less favorable in-house modification, which he accepted. In his first amended complaint (FAC), Pestana alleges Bank representatives made misrepresentations about the requirements and availability of a HAMP modification, breached promises to modify his loan, improperly stalled the modification review process, and incorrectly denied his application for a HAMP modification. The trial court sustained Bank’s demurrer to the FAC without leave to amend, concluding none of Pestana’s claims (for intentional misrepresentation, promissory estoppel, unfair competition, and breach of oral agreements) stated a cause of action. 1 We provide additional background facts in the sections of this opinion addressing the parties’ arguments on appeal.

1 Pestana appeals, contending the allegations in the FAC are sufficient to state the specified causes of action and, in the…