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HAMILTON v. GREENWICH INVESTORS XXVI, LLC

No. B224896.

195 Cal.App.4th 1602 (2011)

HENRY HAMILTON et al., Plaintiffs and Appellants, v. GREENWICH INVESTORS XXVI, LLC, et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Eight.

As modified June 15, 2011.

Attorney(s) appearing for the Case

Ralph E. Harrison II for Plaintiffs and Appellants.

Barry, Gardner & Kincannon, J. Geoffrey Barry and Cathy A. Knecht for Defendant and Respondent Greenwich Investors XXVI, LLC.

No appearance for Defendant and Respondent Select Portfolio Servicing, Inc.

OPINION

GRIMES, J.—

SUMMARY

The trial court sustained a lender's demurrer to the borrower's complaint for breach of contract, fraud and statutory violations in connection with the lender's foreclosure of the mortgage loan on the borrower's home. The borrower's failure to disclose, in earlier bankruptcy proceedings, the existence of his breach of contract and fraud claims against the lender bars the borrower from litigating those...

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