Are there any new causes of action (i.e. wrongful foreclosure, tortious interference with contract and violation of civil code section 1788.17)?

California, United States of America


The following excerpt is from Zimmerman v. Wells Fargo Bank, N.A., 2d Civil No. B275595 (Cal. App. 2017):

Zimmerman argues that she should have been granted leave to amend the complaint to include several new causes of action (i.e., wrongful foreclosure, tortious interference with a contract, and violation of Civil Code section 1788.17). But these causes of action allege violations of the same primary right. (See Bescos v. Bank of America (2003) 105 Cal.App.4th 378, 397 ["additional theories are not 'different wrongs' that give rise to different primary rights . . . but rather are different ways of committing the same wrongs"].) Because these causes of action allege violations of the same primary right, they are barred on abatement grounds.

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