Chen

Chen v. Bank of America CA4/1

Good Law
Court of Appeal of CaliforniaAugust 18, 2014D064958California3,141 words

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

Rate plus 1.875 percent. The loan had a maximum interest rate of…

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