Court Allows Damages for Lost Rental Income and Emotional Distress Against the Bankster

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Miles v. Deutsche Bank

Court: California Court of Appeal
Docket: G050294
Opinion Date: April 29, 2015
Areas of Law: Civil Procedure, Real Estate & Property Law

At issue in this case were allegations of a wrongful foreclosure and related causes of action. Plaintiff John Miles appealed a judgment dismissing his breach of contract, fraud, and negligent misrepresentation causes of action pursuant to a sustained demurrer, and a summary judgment in favor of defendants banks on the wrongful foreclosure cause of action. With respect to the demurred causes of action, the Court of Appeal reversed: after review of the record, the Court found no explanation for the trial court’s ruling. Based on its independent review of the complaint, the Court of Appeal concluded plaintiff adequately stated his claims. With respect to the wrongful foreclosure cause of action, the Court also reversed: the trial court granted summary judgment on the sole basis…

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