Field v. U.S. Bank Nat. Assn.
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Plaintiff executed a 2007 note for over a million dollars. She defaulted on her payments and applied for a loan modification in 2017. After a 2018 foreclosure sale, Plaintiff brought a wrongful foreclosure action against a bank and Rushmore Loan Management Services, LLC. During discovery answered a key contention interrogatory with one word: “Unsure.” When later confronted with a defense summary judgment motion, however, Plaintiff developed belated clarity and finally specified the type of wrongdoing she was accusing Defendant of committing.
The Second Appellate District affirmed the trial court’s grant of summary judgment in favor of Defendants. The court explained that Code of Civil Procedure section 2030.310 provides a mechanism for parties to amend responses to interrogatories under certain circumstances, yet Plaintiff did not attempt to amend. Thus, Plaintiff's untimely and contradictory effort cannot support any attack on this grant of summary judgment, which was proper.
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