Stephen Chohrach v. Bank of America

MEMORANDUM

Stephen and Donna Chohrach (Choh-rachs) appeal the district court’s orders granting summary judgment in favor of defendants Bank of America, N.A.; BAC Home Loans Servicing, LP; and C & M McGee, Inc. (collectively BOA). The Chohrachs contend that genuine issues of material fact existed regarding the applicable statutes of limitations and BOA’s negligent and fraudulent misrepresentations.

California law provides that a fraud claim is subject to a three-year statute of limitations, which starts to run when the plaintiff discovers the facts constituting the fraud: See Cal. Code of Civ. Proc. § 388(d). A two-year statute of limitations is provided for a negligence claim, which also starts to run when the plaintiff discovers the loss or damage. See Cal.Code of Civ. Proc. § 339(1). It is undisputed that “within a couple of days” after December 2, 2006, the Chohrachs discovered that the loan they received was not the loan they anticipated. They acknowledge that they discovered the facts underlying the alleged wrong before December 6, 2006, when they signed the Notice of Right to Cancel, and so before the permitted three-day period for cancellation had run. Yet, they did not…