Valera

I. INTRODUCTION

Plaintiff and appellant, Rolando Valera, appeals from the judgment following the

trial court’s granting of the motion for summary judgment by defendants and

1 respondents, Countrywide Home Loans, Inc., Bank of America, N.A., ReconTrust

Company, N.A., and Impac Funding Corporation (Impac). Following successive

amendments to his complaint and the successful demurrers of various parties, only two

viable causes of action remained against defendants in plaintiff’s operative third amended

complaint: a cause of action for quiet title and a cause of action for breach of the

covenant of good faith and fair dealing. Plaintiff raises no claim on appeal that the trial

court improperly granted summary judgment as to the cause of action for quiet title.

Thus, the sole issue on appeal is whether a triable issue of fact exists as to whether Impac

breached the covenant of good faith and fair dealing by refusing to honor a fixed rate on

his loan modification.

II. FACTS AND PROCEDURAL BACKGROUND

In 2006, plaintiff obtained a loan in the amount of $416,990 secured by a deed of

trust encumbering residential property in Fontana. Plaintiff failed to make the…