California Supreme Court Watch

#21-467 Poblete v. Specialized Loan Servicing, S269794. (C082815; nonpublished opinion; Placer County Superior Court; SCV0036635.) Petition for review after the Court of Appeal affirmed 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: 09/15/2021

Dismissed and remanded to CA 3: 7/27/2022

“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 Court of Appeal Opinion.