Sperber

Filed 11/24/14 Sperber v. JPMorgan Chase Bank CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Shasta) ----

DAVID S. SPERBER, as Trustee, etc., C074280

Plaintiff and Appellant, (Super. Ct. No. 174200)

v.

JPMORGAN CHASE BANK, NA,

Defendant and Respondent.

In this action, plaintiff David Sperber sued JPMorgan Chase Bank, N.A., (Chase) -- the successor to Washington Mutual Bank -- for breach of contract and declaratory relief in connection with two secured promissory notes. The breach of contract cause of action was based on the theory that Chase had committed a breach of contract by arbitrarily and capriciously denying a loan modification Sperber had requested. The

1 declaratory relief cause of action sought a declaration that part…