Joseph W. Guzzetta acted as first chair trial counsel in jury trial of claims under the California Homeowners’ Bill of Rights and claims for negligence and slander of title relating to the foreclosure of the plaintiff’s home. Plaintiff sought approximately a half-million dollars in actual damages, plus punitive damages. The jury returned a complete defense verdict on all six causes… Read More
Obtained favorable decision for client holding that California’s Unfair Competition Law cannot be used to undo allegedly erroneous final judgments obtained against consumers. Fireside Bank Cases (2010) 187 Cal.App.4th 1120. Read More
Obtained favorable decision for lender holding borrower cannot state fraud claim based on allegation lender told him that property values would continue to appreciate and he would be able to refinance or sell before the interest rate on his loan readjusted. Cansino v. Bank of America (2014) 224 Cal.App.4th 1462. Read More
Obtained favorable decision for mortgage lender barring pre-foreclosure challenge to lender’s authority to foreclose. Robinson v. Countrywide Home Loans, Inc. (2011) 199 Cal.App.4th 42. Read More
Obtained favorable decision for automobile finance client that tender under the Automobile Sales Finance Act in an attempt to cap attorney fee liability is not an admission of liability. Tun v. Wells Fargo Dealer Services, Inc. (2016) 5 Cal.App.5th 309. Read More
Obtained favorable decision for mortgage lender holding that non-judicial foreclosure of a senior citizen’s defaulted home loan was not elder abuse. Stebley v. Litton Loan Servicing, LLP (2011) 202 Cal.App.4th 522. Read More
Obtained favorable decision for automobile finance company regarding application of payments and assessment of late fees. Davis v. Ford Motor Credit Co. (2009) 179 Cal.App.4th 581. Read More
Obtained favorable decision for bank client holding it owed no duty to elderly depositor to protect him against third party fraud. Das v. Bank of America, N.A. (2010) 186 Cal.App.4th 727. Read More
Obtained favorable decision holding the National Bank Act preempted California’s Mortgage Broker’s Law’s restrictions on payment allocation and assessment of late fees on a home loan originated by a mortgage broker but held and serviced by a bank. Akopyan v. Wells Fargo Home Mortgage, Inc. (2013) 215 Cal.App.4th 120. Read More
Obtained favorable decision for lender holding that borrower has no fraud claim against lender for having told borrower that he qualified for a loan. Perlas v. GMAC Mortgage, LLC (2010) 187 Cal.App.4th 429. Read More
Obtained favorable decision for bank holding that customer’s possession of ancient non-negotiable certificate of deposit did not raise a presumption that the deposit had not been repaid. Gabriel v. Wells Fargo Bank N.A. (2010) 188 Cal.App.4th 547. Read More
Obtained favorable decision for mortgage lender regarding MERS’ authority to assign deed of trust and other issues. Fontenot v. Wells Fargo Bank, N.A. (2011) 198 Cal.App.4th 256. Read More
Submitted amicus briefs on behalf of industry groups successfully urging court to tighten the state’s class certification standards. Cullen v. State Farm Mut. Auto. Ins. Co. (2013) 137 Ohio St.3d 373; Ford Motor Credit Co. v. Agrawal (2013) 137 Ohio St.3d 561. Read More
Obtained favorable decision on issue of whether a borrower could void a MERS deed of trust by filing bankruptcy before MERS assigned the deed of trust to the loan’s owner. In re Montierth (Nev. 2015) 354 P.3d 648. Read More
Submitted amicus brief on behalf of industry groups successfully urging court to hold that arbitration clause in standard car purchase contract is enforceable. Sanchez v. Valencia Holding Co., LLC (2015) 61 Cal.4th 899. Read More
Submitted amicus brief on behalf of industry groups successfully urging that automobile dealer had not violated Truth-in-Lending Act and Automobile Sales Finance Act in disclosures regarding a rewritten spot delivery installment purchase contract. Raceway Ford Cases (2016) 2 Cal.5th 161. Read More
Obtained favorable decision in a pro bono case on the issue of private attorney general fee awards in cases of great non-financial importance to the client. In re Conservatorship of Whitley (2010) 50 Cal.4th 1206. Read More
Obtained favorable decision for client barring merits decisions before certification ruling in putative class action cases. Fireside Bank v. Superior Court (2007) 40 Cal.4th 1069. Read More
Obtained favorable decision holding that under the FHA Model Mortgage a lender may require a borrower to obtain flood insurance covering the full value of the house. Feaz v. Wells Fargo Bank, N.A. (11th Cir. 2014) 745 F.3d 1098 Read More
Obtained favorable decision holding that a defendant may remove a case to federal court under the Class Action Fairness Act within 30 days after plaintiff discloses facts showing jurisdiction under that act even if another ground for removal was evident earlier. Jordan v. Nationstar Mortgage LLC (9th Cir. 2015) 781 F.3d 1178. Read More
