Legal Opinion

Monterossa v. Superior Court

California Court of Appeal

Decided June 12, 2015No. C077683PublishedCited by 15 opinions

1Opinion of the Court

Opinion

BUTZ, Acting P. J. —

In 2012, new legislation imposed specific limitations regarding the nonjudicial foreclosure of owner-occupied residential real property. Among other things, the statutory scheme provides that a court may award reasonable attorney fees and costs to the “prevailing borrower,” indicating: “A borrower shall be deemed to have prevailed for purposes of this subdivision if the borrower obtained injunctive relief or was awarded damages pursuant to this section.” (Civ. Code, § 2924.12, subd. (i).) In this case, the respondent superior court concluded petitioners were not…

2Cases cited15 opinions

  1. Continental Baking Co. v. KatzCalifornia Supreme Court · 1968
  2. Hunt v. Superior CourtCalifornia Supreme Court · 1999
  3. Lueras v. BAC Home Loans Servicing, LPCalifornia Court of Appeal · 2013
  4. Nolan v. City of AnaheimCalifornia Supreme Court · 2004
  5. Carver v. Chevron U.S.A., Inc.California Court of Appeal · 2002

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3Cited by15 opinions

  1. Artus v. Gramercy Towers Condo. Ass'n, California Court of Appeal, 5th District2018
  2. Hardie v. Nationstar Mortg. LLC, California Court of Appeal, 5th District2019
  3. Moustafa v. Bd. of Registered Nursing, California Court of Appeal, 5th District2018
  4. Tuan Anh Le v. Bank of New York MellonDistrict Court, N.D. California · 2015
  5. Artus v. Gramercy Towers Condominium Ass'n.California Court of Appeal · 2018

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