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Banking
Truth in Lending Act
Negligent Misrepresentation

Gina Sanguinetti, Gerald Sanguinetti v. Citimortgage Inc., Citibank N.A., and Does 1 through 10

Published: Aug. 2, 2014 | Result Date: Sep. 11, 2013 | Filing Date: Jan. 1, 1900 |

Case number: 3:12-cv-05424-SC Bench Decision –  Dismissal

Court

USDC Northern


Attorneys

Plaintiff

Anthony G. Graham
(Graham & Martin LLP)

Michael J. Martin


Defendant

Brian H. Gunn
(Wolfe & Wyman LLP)

Heather S. Kim

Shohrah S. Ghorishi

Andrew A. Bao


Facts

Gina Sanguinetti and Gerald Sanguinetti sued Citimortgage Inc. and Citibank N.A., in connection with their home mortgage.

Contentions

PLAINTIFFS' CONTENTIONS:
Plaintiffs accused defendants of various misconduct concerning the handling of their loan modification application, and foreclosure proceedings. They asserted causes of action for qquiet title, fraud or negligent misrepresentation, negligence, and unfair, unlawful, and fraudulent business practices under California's Unfair Competition Law.

DEFENDANTS' CONTENTIONS:
Defendants moved to dismiss plaintiffs' complaint for failure to assert a claim. Defendants also argued that plaintiffs' claims for fraud and negligent misrepresentation were time-barred.

Result

The court granted defendants' motion to dismiss, and dismissed plaintiffs' complaint with prejudice.


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