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

See the California Court of Appeal Opinion.