January 19, 2014
California Court Dismisses All Seven Causes of Action Arising Out of the Alleged Wrongful Foreclosure of Plaintiff’s Home
The court in deciding Dorn v. Countrywide Home Loans, 2013 Cal. App. Unpub. LEXIS 7356 (Cal. App. 2d Dist. 2013) concluded that the trial court did not abuse its discretion in dismissing the action; the court thus affirmed the lower courts decision.
Plaintiff Jason Dorn appealed from a judgment dismissing his action against defendants America’s Wholesale Lender, Countrywide Bank, Bank of America Home Loan Services, MERS, and ReconTrust.
Plaintiff filed a complaint asserting causes of action for: (1) declaratory relief: fraud in the execution, (2) declaratory relief: failure of consideration, (3) declaratory relief: existence of an obligation — no creation of rights, (4) declaratory relief: existence of an obligation — no creation of rights,(5) injunctive relief, (6) accounting.
After considering arguments the court ultimately affirmed the lower court’s decision to dismiss.
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