Gonzalez v. Hardrick
Manuel Gonzalez, individually and as trustee for Laurie Valadez, and Laurie Valadez sued defendants NMS Realty/Mortgage Corporation dba Pacific Fidelity Funding and dba Access Realty ("NMS"); Elaina Maria Michelucci-Hardrick, and her husband, William Hardrick (together, "the Hardricks"); Karin Jordan; Harold Lear; GMAC Mortgage, LLC ("GMAC"); and Wells Fargo Bank, N.A. ("Wells"), alleging they were victims of a rescue/refinance equity theft scheme in which they lost their home. The trial court sustained demurrers, without leave to amend, brought by defendants to each of the causes of action of the operative amended complaint filed January 23, 2008 (the complaint). Gonzalez and Valadez appeal. Court affirm the judgment in favor of GMAC and Wells. We also affirm the judgment with respect to Valadez because she lacks standing. We conclude, however, that the complaint alleges facts sufficient for Gonzalez, individually and as trustee for Valadez, to state causes of action against Michelucci-Hardrick and NMS for breach of contract, breach of fiduciary duty, fraud, negligent infliction of emotional distress and unfair business practices, but not for violation of the Truth in Lending Act (TILA) (15 U.S.C. 1601 et seq.) or usury. Accordingly, we reverse, in part, the judgment in favor of Michelucci-Hardrick and NMS.
Comments on Gonzalez v. Hardrick