Hardy v. America's Best Home Loans
Annotate this CaseBased on Hardy’s 2006 refinance of his Modesto residence, Hardy, acting pro se, sued ABHL for fraud, breach of contract, negligence, breach of fiduciary duty, and violations of California’s unfair competition law (UCL) (Bus. & Prof. Code, 17200). Hardy claimed that he was not given a copy of the loan application, that an agent inflated his assets and income on that application without his knowledge, and that he would not have consented to a negative amortization clause, had he been aware of it. In an earlier federal action, the district court declined to dismiss Hardy’s claim based on RESPA and his claims for fraud and violations of the UCL, dismissed his claims for breach of contract and breach of the implied covenant of good faith and fair dealing, and ordered Hardy to file a second amended complaint. Hardy did not timely file and the court dismissed. In the state case, ABHL successfully moved for judgment on the pleadings on the ground of collateral estoppel. The court of appeal reversed, holding that the prior federal action was not terminated by a judgment on the merits and the issues were not actually litigated.
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