Court Allows Damages for Lost Rental Income and Emotional Distress Against the Bankster

Miles v. Deutsche Bank

Court: California Court of Appeal
Docket: G050294
Opinion Date: April 29, 2015
Areas of Law: Civil Procedure, Real Estate & Property Law

At issue in this case were allegations of a wrongful foreclosure and related causes of action. Plaintiff John Miles appealed a judgment dismissing his breach of contract, fraud, and negligent misrepresentation causes of action pursuant to a sustained demurrer, and a summary judgment in favor of defendants banks on the wrongful foreclosure cause of action. With respect to the demurred causes of action, the Court of Appeal reversed: after review of the record, the Court found no explanation for the trial court’s ruling. Based on its independent review of the complaint, the Court of Appeal concluded plaintiff adequately stated his claims. With respect to the wrongful foreclosure cause of action, the Court also reversed: the trial court granted summary judgment on the sole basis that plaintiff could not prove damages because he did not have any equity in the home when it was sold at a non-judicial foreclosure sale. “Wrongful foreclosure is a tort, however, and thus plaintiff may recover any damages proximately caused by defendants’ wrongdoing. Plaintiff offered evidence that he lost rental income and suffered emotional distress as a result of the foreclosure. This is disputed, of course, but it is sufficient to survive a summary judgment motion.”

Read more.

3 responses to “Court Allows Damages for Lost Rental Income and Emotional Distress Against the Bankster

  1. Reblogged this on California Freelance Paralegal and commented:
    The Fourth District Court of Appeal, Division 3 of the California Court of Appeal issued the decision in Miles v. Deutsche Bank in which they ruled that John Miles stated causes of action for breach of contract, fraud and negligent misrepresentation against Deutsche Bank. The Court also ruled that John Miles stated a cause of action for wrongful foreclosure as well. This is another big win for homeowners and the fact that this case has been ordered published is even more good news.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s