Jones
Jones v. Wachovia Bank
Opinion
Opinion
Grover, J.
Plaintiffs Mark S. and Roberta Jones appeal from a judgment of dismissal entered after the trial court granted defendant Wachovia Bank’s motion for summary judgment. Plaintiffs seek damages under the doctrine of promissory estoppel after losing their home in a foreclosure sale which they understood from a phone conversation with the bank would be postponed to a date 10 days after the actual sale date. Because we conclude that plaintiffs have failed to establish a triable issue of material fact regarding detrimental reliance or injury under the doctrine of promissory estoppel, we will affirm the judgment.
I. TRIAL COURT PROCEEDINGS
A. The First Amended Complaint
Plaintiffs sued Wachovia over the foreclosure on their San Jose home. Count three of the first amended complaint—captioned “Damages From Breach of Contract Against WACHOVIA and WELLS FARGO BANK”— alleged that the bank breached an agreement to postpone the trustee sale and, by reason of that breach, plaintiffs lost their equity in the property. Plaintiffs alleged that in an April 15, 2009 telephone conversation with plaintiff Mark Jones, a Wachovia representative agreed to postpone the trustee sale to June 18,…