Aniel

Aniel v. ETrade Bank CA!/2

Good Law
Court of Appeal of CaliforniaMarch 12, 2015A141246California7,952 words

Opinion

Opinion

Richman, J.

BACKGROUND

The operative pleading, plaintiff’s 41-page verified second amended complaint purported to allege the following seven causes of action: “(1) Wrongful Foreclosure (Violation of Civil Code § 2924) (2) Set Aside Trustee’s And/Or Cancel Trustee’s Sale (3) Declaratory Relief (4) Quiet Title (5) Fraudulent Concealment (6) Fraud (7) Violation

1 of the Unfair Competition Law (Cal. Bus. & Prof. Code §§ 17200 et seq.).” 1 However, on appeal plaintiff contends only that she stated sufficient claims for wrongful foreclosure, fraud, and violation of the Unfair Competition law (UCL). Moreover, the complaint named as defendants entities that are not parties to this appeal. The respondents here are the parties who interposed the general demurrer and who are covered by the judgment, namely, E*Trade Bank, E*Trade Financial Corporation, and Bayview Loan Servicing (and which are collectively referred to hereafter as E*Trade where appropriate). Therefore, the following recitation does not—except when necessary to maintain coherency—include allegations respecting either the causes of action or the parties not at issue on this appeal. The Complaint In 2000, plaintiff purchased improved real…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.