Honchariw v. Olympia Funding
Plaintiffs and appellants Nicholas and Sharon Honchariw filed suit against their mortgage broker, defendant and respondent Olympia Funding, Inc. (Olympia), for breach of fiduciary duty, fraud, constructive fraud and violation of the Consumers Legal Remedies Act (CLRA, Civ. Code, 1750 et seq.). We affirm the trial courts judgment in favor of Olympia following a bench trial. Plaintiffs were not, as they now argue, entitled to judgment in their favor as a matter of law based on Olympias retention of a lender-paid commission that was higher than that originally contemplated by the parties. Nor did the trial court abuse its discretion in denying plaintiffs motion for new trial.
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