Novak v. Bank of America
Plaintiff and appellant Charles T. Novak appeals from a judgment entered after the court sustained without leave to amend the demurrers of defendants Bank of America, N.A. (BofA) and Matthew M. Soto, Jr., to his second amended complaint (complaint). Although the allegations are styled in a variety of causes of action, the complaint essentially asserts BofA improperly completed a nonjudicial foreclosure and sale of property to Soto after plaintiff defaulted on a note secured by a deed of trust. On appeal plaintiff argues each of the causes of action is sufficiently pleaded and if any are not he should be given the opportunity to amend.
We agree the causes of action for promissory estoppel, fraud, and unfair competition (Bus. & Prof. Code, § 17200) against BofA were sufficiently pleaded and reverse as to them only. The other claims are insufficient and plaintiff has not shown they could be amended. The causes of action against Soto are likewise insufficient and there is no basis
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