PETER LEISSOS VS BANK OF AMERICA ET AL

Case No.: BC644358    

Case Name: Leissos v. Bank of America, N.A., et al.
Case No.: BC644358
Matter: Demurrers to Complaint


Tentative Ruling: Demurrers are sustained in part.


Plaintiff Peter Leissos filed this action against Defendants Bank of America NA and Nationstar Mortgage LLC, arising out of the denial of Plaintiff’s attempt to obtain a loan modification. The complaint asserts causes of action for (1) breach of implied covenant of good faith, (2) breach of oral contract, (3) negligence, (4) intentional misrepresentation, (5) negligent misrepresentation, (6) promissory estoppel, (7) violation of B&P Code §17200, and (8) injunctive relief. Defendants demur to the complaint.

Contract Claims (1st & 2nd COAs) –
Both Defendants demur on the ground that Plaintiff has failed to allege facts supporting a contract. The complaint alleges that BA orally agreed to a loan modification contract on 12/2/2013 and both Defendants breache........