Legal Opinion
Hamilton v. Greenwich Investors XXVI, LLC
California Court of Appeal
Decided June 1, 2011No. B224896PublishedCited by 48 opinions
1Opinion of the Court
Opinion
GRIMES, J.—
SUMMARY
The trial court sustained a lender’s demurrer to the borrower’s complaint for breach of contract, fraud and statutory violations in connection with the lender’s foreclosure of the mortgage loan on the borrower’s home. The borrower’s failure to disclose, in earlier bankruptcy proceedings, the existence of his breach of contract and fraud claims against the lender bars the borrower from litigating those claims now. The borrower’s causes of action for breach of contract and fraud fail in any event because the borrower did not allege the essential fact of payment of sums…
2Cases cited13 opinions
- Blank v. KirwanCalifornia Supreme Court · 1985
- Lazar v. Superior CourtCalifornia Supreme Court · 1996
- Oneida Motor Freight, Inc. v. United Jersey BankCourt of Appeals for the Third Circuit · 1988
- Ryan Operations G.P., a Virginia General Partnership and Nvr, L.P., a Virginia Limited Partnership, on Behalf of Its Division, Nvr Building Products Co. v. Santiam-Midwest Lumber Co., an Oregon Corporation Furman Lumber, Inc., a Massachusetts Corporation Bright Wood Corp., an Oregon Corporation. Bright Wood Corp., Third Party v. Forrest Paint Co., Inc., an Oregon Corporation Guardsman Products, Inc., a Delaware Corporation, Third Party Ryan Operations G.P. And Nvr, L.P. And Its Division, Nvr Building Products Co.Court of Appeals for the Third Circuit · 1996
- Reichert v. General Insurance of AmericaCalifornia Supreme Court · 1968
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3Cited by48 opinions
- Jolley v. Chase Home Finance, LLCCalifornia Court of Appeal · 2013
- Intengan v. BAC Home Loans Servicing LPCalifornia Court of Appeal · 2013
- Stebley v. Litton Loan Servicing, LLPCalifornia Court of Appeal · 2011
- Coronavirus Reporter v. Apple, Inc.Court of Appeals for the Ninth Circuit · 2023
- In re Linkedin User Privacy LitigationDistrict Court, N.D. California · 2013
43 more not listed; retrieve them via the Exa API.