Shiheiber v. JPMorgan Chase Bank CA1/2
Defendant and cross-complainant Hanan Shiheiber appeals from a judgment of dismissal of her cross-complaint against plaintiff and cross-defendant JPMorgan Chase Bank, N.A. (Chase), following the court’s grant of a nonsuit on all Shiheiber’s causes of action. (Code Civ. Proc., § 581c.) Shiheiber was a borrower, who had a real estate loan with Chase that was secured by residential real property. She sued Chase after it foreclosed on the property, asserting causes of action for fraud, negligent misrepresentation, breach of the covenant of good faith, money had and received and unfair business practices. She alleged Chase had entered an oral agreement with her to forbear from foreclosing on her loan in exchange for a payment. Prior to trial, the court held a hearing under Evidence Code section 402, found the evidence did not show Chase acted with fraudulent intent and barred Shiheiber from offering evidence of the oral forbearance agreement at trial.
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