Ivanoff

BACKGROUND

Ivanoff filed her original complaint in July 2013, asserting purported claims for breach of contract, temporary restraining order and preliminary injunction, violation of Business and Professions Code section 17200 et seq., specific performance, and equitable rescission. Ivanoff alleged that she is the owner of a property in Los Angeles. When she refinanced the loan on the property in around 2006, undisclosed penalties and fees were added, causing her loan to become unaffordable and leading to her default. Ivanoff sought a modification of her loan and, according to her complaint, defendant Bank of America agreed to modify the loan. Defendants breached the modification agreement, however, by requiring a monthly “escrow option insurance” payment. Defendants filed a demurrer to the complaint, raising numerous arguments as to why each of Ivanoff’s claims failed. In opposing the demurrer, Ivanoff failed to address most of these arguments. The trial court sustained the demurrer, finding, among other things: “Plaintiff has not attached a copy of the subject agreements to the complaint, alleged whether the agreements were oral, written, or implied, or alleged the material…