Osorio v. Hernandez
Plaintiff and cross-defendant Ofelia Hernandez appeals from a judgment in favor of defendant and cross-complainant Ana Osorio on plaintiffs complaint brought under the Home Equity Sales Contracts Act (the Act; Civ. Code, 1695 et seq.; all further statutory references are to this code unless otherwise stated). Plaintiff sued, among others, Genesis International LLC (not a party to this appeal) alleging it was a home equity purchaser who was subject to the Act because it bought her residence while it was in foreclosure, and defendant, alleging she was a subsequent purchaser with knowledge of the wrongful acts of Genesis. After a bench trial the court found the Act did not apply because the residence was not in foreclosure at the time Genesis bought it. It also found defendant was a bona fide purchaser for value and plaintiff had no right to rescind the sale. Plaintiff asserts these findings were error and that the residence was in foreclosure as defined under the Act as a matter of law. She also appeals from a judgment on defendants unlawful detainer action, claiming the measure of damages was erroneous. Court disagree with each of these contentions and affirm.
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