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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
CTX MORTGAGE COMPANY,
Plaintiff and Appellant,
v.
MARTHA RODRIGUEZ et al.,
Defendants and Respondents.
G036120
(Super. Ct. No. 818707)
O P I N I O N
Appeal from judgments of the Superior Court of Orange County, Kim Garlin Dunning, Judge and C. Robert Jameson, Judge. Affirmed in part, reversed in part, and remanded with directions.
Pfeifer & Reynolds, Michael R. Pfeifer, Libby Wong, and James P. Finerty for Plaintiff and Appellant.
La Jolla Law Group, Kent L. Sharp, and Brien J. O'Meara for Defendant and Respondent Martha Rodriquez.
Law Offices of Wayne M. Abb and Wayne M. Abb for Defendants and Respondents Ronald A. Perlstein and Judith E. Perlstein.
CTX Mortgage Company (CTX) appeals from judgments following the court's orders dismissing the action against (1) Martha Rodriguez under the five-year statute, Code of Civil Procedure section 583.310[1] and (2) Ronald A. and Judith E. Perlstein (collectively, the Perlsteins) after sustaining the Perlsteins' demurrer to the third amended complaint without leave to amend. With regard to the five-year dismissal, CTX contends the statute was tolled for a number of reasons. We disagree and affirm the judgment in favor of Rodriguez. As for the demurrer-based dismissal, CTX asserts its causes of action were adequately pleaded. Finding some of the arguments meritorious, we reverse the judgment for the Perlsteins in part, and remand with directions to the court to overrule the demurrer, except with respect to the cause of action for negligent misrepresentation.
FACTS
In its 67-page third amended complaint (exclusive of exhibits), CTX, a mortgage lender, alleged a massive loan fraud land-flipping scheme[2] involving about four dozen corporate and individual defendants, inter alia, sellers, buyers, loan officers and agents, real estate brokers and agents, escrow agents, and appraisers. CTX claimed defendants conspired to defraud CTX on 62 residential mortgage loans by creating phony loan applications for unqualified â€
Description
CTX Mortgage Company (CTX) appeals from judgments following the court's orders dismissing the action against (1) Martha Rodriguez under the five year statute, Code of Civil Procedure section 583.310 and (2) Ronald A. and Judith E. Perlstein (collectively, the Perlsteins) after sustaining the Perlsteins' demurrer to the third amended complaint without leave to amend. With regard to the five_year dismissal, CTX contends the statute was tolled for a number of reasons. Court disagree and affirm the judgment in favor of Rodriguez. As for the demurrer based dismissal, CTX asserts its causes of action were adequately pleaded. Finding some of the arguments meritorious, court reverse the judgment for the Perlsteins in part, and remand with directions to the court to overrule the demurrer, except with respect to the cause of action for negligent misrepresentation.
