CTX Mortgage Co. v. Rodriguez
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.
Comments on CTX Mortgage Co. v. Rodriguez