Zamora

Zamora v. PNC Bank CA1/2

Good Law
Court of Appeal of CaliforniaJuly 11, 2014A139604California11,826 words

Opinion

Opinion

Richman, J.

BACKGROUND

Plaintiff commenced this action in December 2009, but the pleading stage came to an end only when defendants’ general demurrer was sustained in May 2012, leaving only eight of the 15 causes of action alleged in plaintiff’s 113-page verified third amended complaint. Plaintiff agreed with defendants when they stated: “After this Court’s ruling on Defendants’ demurrer to the Third Amended Complaint, the only remaining causes of action against Defendants are for violations of Business and Professions Code sections 17200 (first) and 17500 (second); intentional misrepresentation (third); wrongful foreclosure (eighth); restitution (rescission) (ninth); restitution (unjust enrichment) (tenth); civil conspiracy (thirteenth); quiet title (fourteenth); and declaratory relief (fifteenth).” Plaintiff’s brief addresses only these causes of action. And so do we, addressing them in the same order as in plaintiff’s brief. 2 The trial court’s order on defendants’ motion includes a concise summary that we adopt as our own (with minor nonsubstantive editorial changes): “This action arises out of a purchase money loan (‘Subject Loan’) in the amount of $700,000.00 obtained by Plaintiff from…

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