Fromm

Fromm v. Wells Fargo Bank CA2/5

Good Law
Court of Appeal of CaliforniaJune 28, 2024B310116California7,226 words

Opinion

Opinion

Kim, J.

I. INTRODUCTION

The trial court sustained the demurrer of defendant Wells Fargo Bank, N.A., denying plaintiff Keith Fromm leave to amend his causes of action, except his breach of contract claim. The court also denied plaintiff’s postjudgment motion to vacate the dismissal order as void. On appeal, plaintiff challenges the demurrer ruling as to each of his claims (except his negligence claim), as well as the order on his motion.1 We affirm the judgment and order.

II. FACTUAL BACKGROUND2

A. September 2005 Loan

1. Payment Obligations

On September 26, 2005, in return for a loan secured by real property, plaintiff executed a promissory note (note) and deed of trust in favor of defendant in the amount of $3,500,000. In the

We granted defendant’s motion to consolidate the appeals from the judgment and the order.

We recite the facts as alleged in the complaint. (Evans v. City of Berkeley (2006) 38 Cal.4th 1, 6.) Here, the complaint is comprised of 342 paragraphs, 116 pages, and 235 additional pages of exhibits, and includes numerous contentions, deductions, and legal or factual conclusions. For purposes of our review, we will disregard all such matters and…

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