Rufini

BACKGROUND

This appeal challenges a trial court order sustaining a demurrer so we draw the relevant facts from the complaint.1 (Adams v. Paul (1995) 11 Cal.4th 583, 586; Hamilton v. Greenwich Investors XXVI, LLC (2011) 195 Cal.App.4th 1602, 1608-1609 (Hamilton).) In July 2007 Rufini purchased his primary residence in Sonoma with a $600,000 loan toward the purchase price secured by a deed of trust. Rufini and his fiancée lived in the home until they separated and Rufini temporarily moved in with his son to allow his fiancée time to find a new place to live. He then sought a loan modification from CitiMortgage. In June 2009, CitiMortgage approved Rufini for a loan modification and told him he would receive a permanent modification in October after making timely trial payments of $2787.93 in July, August and September. Rufini timely made the trial payments at the modified rate through December 2009. In January, 2010, CitiMortgage informed him that his permanent loan modification agreement would be ready in three days. Rufini was concerned about the reliability of that promise, and worried by stories of lenders arbitrarily cancelling trial loan modifications, so he decided against…