Developments of Interest

New Cases of Interest - March 14, 2011

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Aceves v. U.S. Bank N.A. (2011) 192 Cal.App.4th 218.  A borrower alleged that a bank had promised her that the bank would work with her in reinstating and modifying her home loan.  As a result she did not convert a Chapter 7 bankruptcy case to a Chapter 13 case which she alleged she would have done but for this assurance.  The bank went forward with its foreclosure and did not negotiate with her regarding a possible loan modification.  The borrower then sued on various causes of action and theories, and also sought to set aside a trustee sale and to void the trustee’s deed for the sale of the home.

The court held that the borrow could state a claim for promissory estoppel and also for fraud.  Plaintiff’s claims did not, however, provide a basis for setting aside the trustee’s sale or the trustee’s deed or otherwise invalidating the foreclosure proceeding.

Arzate v. Bridge Terminal Transport, Inc. (2011) 192 Cal.App.4th 419.  This is a case which deals with the question of when a worker is an employee and when the worker is an independent contractor.  The case arises in the context of truckers who provided transportation services for a transport company.  The court concluded that there were triable issues of material fact which required that the matter be submitted to a trier of fact rather than be determined by summary judgment. 

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