Constantino Castillo v. The Bank of New York Mellon
Published: Apr. 9, 2016 | Result Date: Jan. 20, 2016 | Filing Date: Jan. 1, 1900 |Case number: BC578059 Demurrer – Defense
Facts
Plaintiff Constantino Castillo sued the Bank of New York Mellon, Bayview Loan Servicing LLC, and Quick Loan Funding Inc. for wrongful foreclosure.
Contentions
PLAINTIFF'S CONTENTIONS:
Castillo contended that defendants committed breach of contract by failing to provide him a loan modification after the "trial plan" ended, failed to comply with the Civil Code in relation to their notices of default, and committed fraud based on communications regarding his loan modification applications.
Plaintiff asserted claims for violations of California Civil Code Sections 2923.7, 2924.17, 2923.5, and 2924.10; breach of contract; negligent misrepresentation; fraud; unlawful business practices; and quiet title.
DEFENDANTS' CONTENTIONS:
Defendants contended that Castillo's claims were untimely under the statute of limitations and that his Civil Code claims were based on statutes not in effect during the time of his loan modification applications.
Result
The court sustained defendants' demurrer without leave to amend.
Other Information
Plaintiff Constantino Castillo was in pro per.
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