Morschauser v. Continental Capital
Plaintiff and appellant William Morschauser filed an action against defendants and respondents Continental Capital, LLC (ConCap), Stephen J. Collias, and Thia Fuller (collectively referred to as respondents) for damages caused by their alleged negligent and fraudulent misrepresentations and other conduct in connection with the sale and foreclosure proceedings of real property (the Property) owned by the Devore Stop partnership and Morschauser. Morschauser, individually, and as a partner with Mohammad Abdizadeh, was a trustor of record on the underlying Deed of Trust, the beneficial interest of which had previously been assigned to ConCap. Morschauser alleged causes of action for fraud and intentional infliction of emotional distress against respondents.[1] Respondents moved for summary judgment on the grounds that they had made no representations to Morschauser and in good faith believed he had signed all relevant documents and/or that his partner, Abdizadeh, had the authority to bind the partnership. The trial court agreed, granted the motion, and entered judgment in favor of respondents. Morschauser appeals, contending there are triable issues of fact as to respondents’ conduct.
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