Turner

Turner v. Seterus, Inc.

Good Law
238 Cal. Rptr. 3d 528·27 Cal. App. 5th 516
Court of Appeal of CaliforniaSeptember 24, 2018C079613California7,806 words

Opinion

Lead Opinion

Robie, J.

*520 In this wrongful foreclosure case, plaintiffs Amy Arlene Turner and Joseph Zeleny sought damages from defendant Seterus, Inc. (Seterus) on the theory that Seterus had "frustrated [their] lawful attempt, pursuant to [Civil] Code [section] 2924c, to cure their default more than five days prior to the noticed foreclosure sale." The trial court sustained Seterus's demurrer to their third amended complaint without leave to amend.

On appeal, plaintiffs contend the trial court erred. We agree in part and reverse the judgment with instructions to the trial court to vacate its order sustaining Seterus's demurrer to the third amended complaint in its entirety without leave to amend and to instead enter a new order sustaining the demurrer without leave to amend as to the causes of action for intentional infliction of emotional distress and breach of contract, and overruling the demurrer as to the causes of action for intentional and negligent misrepresentation, negligence, wrongful foreclosure, and unlawful business practices.

*533 FACTUAL AND PROCEDURAL BACKGROUND

With respect to Seterus, 1 the third amended complaint (as supplemented by material Seterus asked the trial court to…

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.