What constitutes misrepresentation in the context of loan modification negotiations?

The misrepresentations plaintiff alleges in the context of ongoing loan modification negotiations namely, that plaintiff "would be" given a modification quickly if he followed certain instructions (Third Am. Compl. 140-43) do not appear to rise to the level of conduct "so outrageous in character, and so extreme in degree, as to go beyond all possible bounds of decency, and to be regarded as atrocious, and utterly intolerable in a civilized community." See Cochran v. Cochran, 65 Cal. App. 4th 488, 496 (1998). However, it is unclear whether the same is true with respect to allegations that defendants posted Notices of Trustee's Sales in violation of a court order. (Third Am. Compl. 144-48.)