Legal Opinion
Harris v. WACHOVIA MORTGAGE, FSB
California Court of Appeal
Decided May 21, 2010No. E048585PublishedCited by 20 opinions
1Opinion of the Court
Opinion
McKINSTER, J.
Plaintiffs Stephen and Ozelia Harris appeal a judgment entered after the trial court sustained without leave to amend a demurrer to their first amended complaint for breach of contract, breach of the implied covenant of good faith and fair dealing, and unfair business practices. The trial court held that all three causes of action are preempted by the federal Home Owners’ Loan Act, or HOLA. (12 U.S.C. § 1461 et seq.) The court also held that the third cause of action, for unfair business practices, was impermissibly added to the first amended complaint without leave of…
2Cases cited14 opinions
- Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
- Fidelity Federal Savings & Loan Ass'n v. De La CuestaSupreme Court of the United States · 1982
- Santisas v. GoodinCalifornia Court of Appeal · 1998
- Quelimane Co. v. Stewart Title Guaranty Co.California Supreme Court · 1998
- Evans v. City of BerkeleyCalifornia Supreme Court · 2006
9 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Yau v. Santa Margarita FordCalifornia Court of Appeal · 2014
- Stebley v. Litton Loan Servicing, LLPCalifornia Court of Appeal · 2011
- Gilkyson v. Disney Enterprises CA2/7California Court of Appeal · 2016
- Faunce v. CateCalifornia Court of Appeal · 2013
- Zakk v. Diesel, California Court of Appeal, 5th District2019
15 more not listed; retrieve them via the Exa API.