Motion: 1) Demurrer to Complaint. 2) Motion to Strike Portions of the Complaint. Moving Party: Defendants Bayview Loan Servicing, LLC, The Bank of New York Mellon, and Luis Carrillo. Responding Party: Plaintiff Gloria Guilford.
Motion: 3) Motion for Judgment on the Pleadings. Moving Party: Defendant Bank of America, N.A. Responding Party: Plaintiff Gloria Guilford.
Ruling: Motion 1): Ruling: Defendants’ demurrer is overruled as to the second cause of action for promissory fraud and sustained as to the third cause of action for intentional misrepresentation. Plaintiff shall have 15 days leave to amend to address the issues in this ruling.
Civil Code section 1710 defines one species of deceit as “[a] promise, made without any intention of performing it.” A cause of action for promissory fraud requires the plaintiff to allege that the promissor did not intend to perform at the time the promise was made, that the promise was intended to deceive and induce reliance, that it did induce relia
Hearing Date
July 06, 2020
For full print and download access, please subscribe at https://www.trellis.law/.
Motion: 1) Demurrer to Complaint. 2) Motion to Strike Portions of the Complaint. Moving Party: Defendants Bayview Loan Servicing, LLC, The Bank of New York Mellon, and Luis Carrillo. Responding Party: Plaintiff Gloria Guilford.
Motion: 3) Motion for Judgment on the Pleadings. Moving Party: Defendant Bank of America, N.A. Responding Party: Plaintiff Gloria Guilford.
Ruling: Motion 1): Ruling: Defendants’ demurrer is overruled as to the second cause of action for promissory fraud and sustained as to the third cause of action for intentional misrepresentation. Plaintiff shall have 15 days leave to amend to address the issues in this ruling.
Civil Code section 1710 defines one species of deceit as “[a] promise, made without any intention of performing it.” A cause of action for promissory fraud requires the plaintiff to allege that the promissor did not intend to perform at the time the promise was made, that the promise was intended to deceive and induce reliance, that it did induce relia