Tortolano

INTRODUCTION

Plaintiff and appellant Antonio Tortolano appeals from a judgment in favor of defendants and respondents Residential Credit Solutions, Inc. and Deutsche Bank National Trust Company, in its capacity as indenture trustee for Ames1 Mortgage Investment Trust 2005-2, following the trial court‟s granting of defendants‟ demurrer to the second amended complaint (SAC) without leave to amend. Plaintiff sued individually and on behalf “of the general public” based on deceptive and fraudulent origination of a mortgage loan, wrongful and unjust loan modification review and wrongful commencement of foreclosure on his home. We hold that plaintiff has failed to state a cause of action based on a breach of contract, certain violations of statutes, but has stated a cause of action for negligent misrepresentation and under the Unfair Competition Law (UCL) (Bus. & Prof. Code, § 17200). We therefore reverse as to the negligent misrepresentation and UCL causes of action.

FACTUAL BACKGROUND

The following constitutes a summary of the relevant allegations in the 272 paragraphs of plaintiff‟s prolix second amended complaint.2 In 2005 Ames approached plaintiff about a loan on his home in…