California Supreme Court Watch

Jul 22, 2020
Weimer v. Nationstar Mortgage, LCC, S262024.

#20-196 Weimer v. Nationstar Mortgage, LCC, S262024. (C080550; 47 Cal.App.5th 341; Placer County Superior Court; SCV0035286.) Petition for review after the Court of Appeal affirmed in part and reversed in part the judgment in a civil action. The court ordered briefing deferred pending decision in Sheen v. Wells Fargo Bank, N.A., S258019 (#19-173), which presents the following issue: Does a mortgage servicer owe a borrower a duty of care to refrain from making material misrepresentations about the status of a foreclosure sale following the borrower’s submission of, and the servicer’s agreement to review, an application to modify a mortgage loan?

Review granted; briefing deferred: 7/22/2020

Transferred to CA 3 after hold: 7/27/2022

“The above-captioned matter is transferred to the Court of Appeal, Third Appellate District, with directions to vacate its decision and to reconsider the cause in light of Sheen v. Wells Fargo Bank, N.A. (2022) 12 Cal.5th 905. (Cal. Rules of Court, rule 8.528(d).) As explained in Standing Order Exercising Authority Under California Rules of Court, Rule 8.1115(e)(3), Upon Grant of Review or Transfer of a Matter with an Underlying Published Court of Appeal Opinion, Administrative Order 2021-04-21, and California Rules of Court, rule 8.1115(e)(3), corresponding comment, par. 3, the opinion is hereby rendered either ‘depublished’ or ‘not citable.'”

See the California Court of Appeal Opinion.