California courts have consistently held that agents and employees of insurance companies, including insurance adjusters, do not owe a legal duty to the insured. Instead, liability for their actions lies with the insurer, so long as the agency was disclosed to the insured and the conduct complained of took place within the course and scope of such agency. Claims of negligence, therefore, fail against adjusters acting within the course and scope of their employment. But, what about the tort of negligent misrepresentation? Continue reading
California courts have not been sympathetic to homeowners facing foreclosure. As long as lenders and their appointed trustees strictly follow the statutory non-judicial foreclosure procedure, foreclosure sales are final and shell-shocked homeowners have little recourse.
Demurrers to causes of action filed by homeowners who have lost their homes are routinely sustained without leave: MERS has standing; there is no requirement to “show me the note”; homeowners have no enforceable rights under the federal Home Affordable Modification Program (HAMP); and, with respect to cancellation of deed claims, tender is required.