Tostado v. Rehabbers Financial
Plaintiffs Teresa Tostado and Robert Tostado obtained a loan from Rehabbers Financial, Inc., dba Aztec Financial (Aztec) to construct a home on a vacant lot for Teresa Tostado’s mother. Plaintiffs claim that Aztec failed to disclose to them several material terms of the loan and filed this action asserting claims for violations of the Truth in Lending Act (15 U.S.C. § 1601 et seq.) (TILA) and other California statutory and common law provisions. The trial court sustained Aztec’s demurrer on statute of limitations and substantive grounds. We reverse on plaintiffs’ claims for violations of the Rosenthal Fair Debt Collection Practices Act (Civ. Code, § 1788 et seq.) (Rosenthal Act) and Unfair Competition Law (Bus. & Prof. Code, § 17200 et seq.) (UCL), breach of the implied covenant of good faith and fair dealing, and declaratory relief, and affirm on the remaining claims.
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