Lucioni v. Bank of America, N.A.

Opinion

RAPHAEL, J. * —

INTRODUCTION

A borrower on a home loan sued lending banks, seeking an injunction to prevent a foreclosure. The trial court sustained the lenders’ demurrers and entered a judgment of dismissal. The primary question raised in this appeal is whether the 2013 Homeowner’s Bill of Rights (HBOR) provides a cause of action for injunctive relief for a violation of its provision—Civil Code, section 2924, subdivision (a)(6) (section 2924(a)(6)) 1 —that requires an entity initiating a foreclosure be legally entitled to do so.

We hold that the availability of injunctive relief under…