Use the law enacted in 1872 to stop the Foreclosure

31 Dec


84. Plaintiff reallege and incorporates by reference the above paragraphs as though set forth fully herein.
85. The misrepresentations by Defendants’ and/or Defendants’ predecessors, failures to disclose, and failure to investigate as described above were made with the intent to induce Plaintiff to obligate himself on the Loan in reliance on the integrity of Defendants and/or Defendants’ predecessors.
86. Plaintiff is an unsophisticated customer whose reliance upon Defendants and/or Defendants’ predecessors was reasonable and consistent with the Congressional intent and purpose of California Civil Code § 1572 enacted in 1872 and designed to assist and protect consumers similarly situated as Plaintiff in this action.
87. As an unsophisticated customer, Plaintiff could not have discovered the true nature of the material facts on their own.
88. The accuracy by Defendants and/or Defendants’ predecessors of representation is important in enabling consumers such as Plaintiff to compare market lenders in order to make informed decisions regarding lending transactions such as a loan.
89. Plaintiff was ignorant of the facts which Defendants and/or Defendants’ predecessors misrepresented and failed to disclose.
90. Plaintiffs reliance on Defendants and/or Defendants’ predecessors was a substantial factor in causing their harm.
91. Had the terms of the Loan been accurately represented and disclosed by Defendants and/or Defendants’ predecessors, Plaintiff would not have accepted the Loan nor been harmed.
92. Had Defendants and/or Defendants’ predecessors investigated Plaintiff’s financial capabilities, they would have been forced to deny Plaintiff on this particular loan.
93. Defendants and/or Defendants’ predecessors conspired and agreed to commit the above mentioned fraud.
94. As a proximate result of Defendants and or Defendants’ predecessors fraud, Plaintiff has suffered damage in an amount to be determined at trial.
95. The conduct of Defendants and/or Defendants’ predecessors as mentioned above was fraudulent within the meaning of California Civil Code § 3294(c)(3), and by virtue thereof Plaintiff is entitled to an award of punitive damages in an amount sufficient to punish and make an example of the Defendants.

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