Mims v. Bank of America, N.A. CA2/4
Plaintiffs and appellants James Mims and Bettie Mims appeal from a judgment of dismissal entered after the trial court granted a motion for judgment on the pleadings brought by defendant and respondent Bank of America, N.A. (“the Bank”). The Mims’ complaint against the Bank asserted a single claim for declaratory relief. Specifically, they sought a judicial declaration that no balance was due on a home equity line of credit (“HELOC”) they opened with the Bank in 2006.
In granting the Bank’s motion, the trial court determined the Mims’ claim is barred by the statute of limitations. Specifically, it found the claim is predicated on the Bank’s alleged breaches of the contracts governing the parties’ rights and responsibilities pertaining to the Mims’ HELOC account, which occurred outside the four-year limitations period set forth in Code of Civil Procedure, section 337, subdivision (a).
On appeal, the Mims contend: (1) the trial court erred by finding their claim is
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