Gillies v. JPMorgan Chase Bank, N.A.
Annotate this CasePlaintiff filed a series of lawsuits challenging Chase's efforts to foreclose upon his real property. In this appeal, plaintiff challenges a judgment of dismissal entered after the trial court sustained the demurrer of Chase. The court concluded that plaintiff failed to state a cause of action for violation of the Homeowners Bill of Rights, lack of standing to foreclose, illegal substitution of trustee, and fraud. The court also concluded that the trial court properly considered the declaration of Chase's counsel, among other things, before denying plaintiff's motion for a preliminary injunction. Finally, the court explained that principles of res judicata are fatal to the present lawsuit and theoretical future lawsuits seeking to vindicate the same primary right. Accordingly, the court affirmed the judgment.
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