Facts

Plaintiff Jamal Abboushi purchased a property located in Granite Bay, California. Subsequently, plaintiff obtained a hazard policy from AIG Property Casualty Company. Between May 2018 and August 2018, plaintiff pursued a refinance with Nexera Holding LLC doing business as Newfi. On November 15, 2018, plaintiff's loan transferred from Nexera to Shellpoint. Plaintiff filed a complaint against defendant NewRez LLC dba Shellpoint Mortgage Servicing for negligence and breach of fiduciary duty.

PLAINTIFF'S CONTENTIONS: Plaintiff contended that defendant negligently breached its duty to plaintiff by failing to pay the premiums on the Chubb insurance policy after defendant began servicing the loan. Plaintiff contended that defendant breached its fiduciary duty to plaintiff by failing to inform plaintiff about the funds in the escrow account that had not been used to pay the insurance policy.

DEFENDANT'S CONTENTIONS: Defendant contended that plaintiff presented no triable issues of material fact to support his causes of action for negligence and breach of fiduciary duty.

Result

The court granted defendant's motion for summary judgment.