INTRODUCTION
Plaintiff’s Complaint asserts Causes of Action alleging:
(1) Breach of Contract;
(2) Common Counts;
(3) Fraud [also titled “Intentional Misrepresentation” in body of Complaint];
(4) Breach of Bailment;
(5) Negligence Contract; and
(6) Embezzlement/Conversion of Personal Property
Plaintiff alleges Causes of Action 1-3 against Defendant Oregon Trail Corporation. Defendant demurs to each of them.
SUMMARY OF FACTS
Plaintiff seeks to vacate a foreclosure sale that occurred against her personal residence. The Complaint alleges that:
Defendant, acting through Eric Mark, convinced Plaintiff to take a “hard money” loan for her import business.
Defendant failed to advise Plaintiff that the loan would be secured by a Deed of Trust.
The loan amount was supposed to be $75,000, but Plaintiff was presented with loan documents for $80,000.
A description of the property was added to the loan documents only after Plaintiff had signed them in blank form.
Plaintiff made timely m
Hearing Date
October 10, 2017
Type
Contractual Fraud (General Jurisdiction)
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INTRODUCTION
Plaintiff’s Complaint asserts Causes of Action alleging:
(1) Breach of Contract;
(2) Common Counts;
(3) Fraud [also titled “Intentional Misrepresentation” in body of Complaint];
(4) Breach of Bailment;
(5) Negligence Contract; and
(6) Embezzlement/Conversion of Personal Property
Plaintiff alleges Causes of Action 1-3 against Defendant Oregon Trail Corporation. Defendant demurs to each of them.
SUMMARY OF FACTS
Plaintiff seeks to vacate a foreclosure sale that occurred against her personal residence. The Complaint alleges that:
Defendant, acting through Eric Mark, convinced Plaintiff to take a “hard money” loan for her import business.
Defendant failed to advise Plaintiff that the loan would be secured by a Deed of Trust.
The loan amount was supposed to be $75,000, but Plaintiff was presented with loan documents for $80,000.
A description of the property was added to the loan documents only after Plaintiff had signed them in blank form.
Plaintiff made timely m