Cabanilla v. Wells Fargo Bank
Defendant Wells Fargo Bank, N.A., foreclosed on a trust deed after plaintiff allegedly defaulted on payment of a promissory note. Plaintiff Wilehado T. Cabanilla sued for wrongful foreclosure and intentional infliction of emotional distress. The trial court entered an order granting defendant’s demurrer to a second amended complaint. Plaintiff appeals from a judgment entered after the demurrer was sustained.
Plaintiff contends the trial court erred because (1) the original promissory note was extinguished by a modified loan agreement; (2) the notice of default on the original promissory note was void; (3) the trustee had no authority to foreclose the trust deed for nonpayment of the original note; (4) the notice of default was in violation of Civil Code section 2923.5[1]; and (5) the foreclosure sale was void, and the court therefore lacked authority to require plaintiff to tender past due payments and to post a bond.
In addition, plaintiff argues that the trial court erred in sustaining a demurrer to a second cause of action for intentional infliction of emotional distress.
We reverse the judgment from the order granting the demurrer on the wrongful foreclosure cause of action, and we affirm the trial court’s order granting the demurrer on the intentional infliction of emotional distress cause of action.
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