Yazdani

INTRODUCTION

Kaveh Yazdani appeals from the judgment entered in favor of Bank of America,

N.A. (BofA) and ReconTrust Company, N.A.1 (ReconTrust, together with BofA,

defendants) after the trial court sustained the demurrer to Yazdani's third amended

complaint (TAC) without leave to amend. Yazdani contends the court erred in sustaining

the demurrer without leave to amend because his TAC stated sufficient facts to constitute

a cause of action for breach of the implied duty to act in good faith and fair dealing. We

disagree and affirm the judgment.

BACKGROUND

Because this appeal arises from the sustaining of a demurrer, we summarize the

underlying facts stated in the TAC, accepting as true the TAC's properly pleaded material

factual allegations and facts properly judicially noticed. (Debrunner v. Deutsche Bank

National Trust Co. (2012) 204 Cal.App.4th 433, 435-436.)

A

In 2006, Yazdani obtained a loan from Home Loan Corporation dba Expanded

Mortgage Credit, for $656,250 to purchase property in San Marcos, California. The loan

was secured by a deed of trust on real property. The trust deed was recorded evidencing

the secured loan. The trust deed identified…