California Supreme Court Watch

#20-38 Bank of America, N.A. v. Phillips, S259482. (A152201; nonpublished opinion; San Francisco County Superior Court; CGC13531103.)  Petition for review after the Court of Appeal reversed in part and affirmed 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?

Petition for review granted and briefing deferred: 02/11/2020

Dismissed and remanded to CA 1/3: 07/27/2022

“Review in the above-captioned matter, which was granted and held for Sheen v. Wells Fargo Bank, N.A. (2022) 12 Cal.5th 905, is hereby dismissed. (Cal. Rules of Court, rule 8.528(b)(1).)”

See the California Court of Appeal Opinion.