Dampf

INTRODUCTION

Plaintiffs Robert P. Dampf and Laura F. Dampf filed this action for intentional and negligent misrepresentation, negligence, unfair competition, wrongful foreclosure, and other claims against defendants Bank of America, N.A. as successor to BAC Home Loans Servicing, LP (BANA), Bank of America Corporation (BAC),1 and The Bank of New York Mellon (BNY Mellon).2 The Dampfs appeal from a judgment of dismissal following the trial court’s order sustaining the defendants’ demurrer without leave to amend. We affirm in part and reverse in part.

FACTUAL AND PROCEDURAL BACKGROUND3

In 1996 the Dampfs purchased a home in Topanga, California. In March 2007 the Dampfs suffered health problems and personal hardships, which caused them to incur significant unexpected ongoing expenditures. The Dampfs received a letter from H&R Block advertising an opportunity to obtain instant cash by refinancing with a low rate mortgage. They spoke with a representative of H&R Block who convinced them to

We refer to BANA and BAC collectively as “the Bank of America defendants,” who represent that “[a]s of July 1, 2011, BAC Home Loans Servicing, LP was merged into Bank of America, N.A. and…