March 14, 2014
Payne & Fears LLP Obtains Judgment for Major National Bank
On April 5, 2011, P&F obtained a dismissal with prejudice and judgment in Orange County Superior Court in favor of its client, a major national bank, in an alleged fraud and wrongful foreclosure case involving a commercial property. The plaintiff had alleged that the bank conspired with the other defendants to sell the property in a non-judicial foreclosure sale to deprive the plaintiff of the property. P&F demurred to the 21-count complaint and the demurrer was sustained on every count. When the plaintiff failed to file a timely amendment, P&F moved for dismissal with prejudice, which was granted by the court and judgment entered in favor of the bank. Dan Livingston represented the bank.