Facts

Plaintiff instituted an action against defendants relating to her Westlake Village home, which she purchased after obtaining a $1 million loan from Bank of America National Banking Association.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that she applied for a loan modification with Bank of America and that Bank of America told her not to make at least two to three loan payments on her mortgage so that she would be eligible for a loan modification. Despite taking these actions, plaintiff claimed she was denied a loan modification. She alleged that Bank of America was not authorized to do business and fund her loan, and engaged in fraud and elder abuse by originating the loan. She alleged that Caliber Home Loans denied her second application for a loan modification.

Plaintiff asserted causes of action for quiet title, financial elder abuse, negligent misrepresentation, fraud, slander of title, violation of California Corporations Code 191(C), breach of the implied covenant of good faith and fair dealing, to void, cancel and expunge the deed of trust and promissory note, breach of fiduciary duty, fraud in the execution of the deed of trust and promissory note, declaratory relief-cancellation of voidable contract, and injunctive relief.

DEFENDANTS' CONTENTIONS:
Bank of America contended that each of plaintiff's causes of action were barred by the statute of limitations and that she filed the instant action to forestall foreclosure proceedings. Caliber Home Loans argued that the complaint should be dismissed due to plaintiff's failure to allege a willingness and ability to tender the amounts owed under the loan.

Result

The court dismissed Bank of America and Caliber Home Loans from the action.