Chen
Chen v. Bank of America CA4/1
Opinion
Opinion
INTRODUCTION
Neng-Guin Chen appeals a judgment in favor of Bank of America, N.A. (bank) on
claims related to the bank's loan collection efforts and its denial of a second loan
modification. She contends the trial court erred by denying her leave to file a third
amended complaint, by denying her leave to amend her second amended complaint to
include a prayer for punitive damages, by granting the bank's motion for summary
adjudication of two causes of action without requiring the bank to comply with Code of
Civil Procedure section 437c, subdivision (s), and by erroneously instructing the jury on
the requirements for her to establish her invasion of privacy claim. We conclude there is
no merit to any of these contentions and affirm the judgment.
BACKGROUND
In November 2005 Chen, a real estate broker, refinanced a residential property
with an adjustable rate loan through the bank's predecessor, Countrywide Home Loans,
Inc. (Countrywide). The loan had an initial interest rate of 2.875 percent. Beginning in
June 2006, the interest rate adjusted every six months to the London Interbank Offered