Elstead v. JPMorgan
Plaintiff John Clifton Elstead, an attorney representing himself in this lawsuit he filed nearly fifteen years ago, appeals from a judgment entered after a bench trial rejecting his breach of contract claim against the servicer of his home mortgage, JPMorgan Chase Bank, successor to Chase Manhattan Mortgage Corp., and Chase Mortgage Services, Inc. (“Chase”).
This is the second time this case has been before us. We previously affirmed a grant of summary judgment in Chase’s favor on all causes of action but one, and remanded the case for further proceedings on Elstead’s breach of contract claim only. (Elstead v. JPMorgan Chase Bank (Nov. 30, 2009, Nos. A117521, A119606) [nonpub. opn.] (Elstead I).) The trial court rejected that remaining cause of action at trial principally because Elstead could not prove he performed his own contractual obligations: specifically, he failed to show that he had ever paid Chase nearly $50,000 he owed under a settlement the parties reached in
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