What is the test for failing to state facts sufficient to satisfy the elements of a promise to postpone foreclosure?
California, United States of America
The following excerpt is from Werner v. Onewest Bank Grp., LLC, 2d Civil No. B260032 (Cal. App. 2015):
Appellant failed to state facts sufficient to satisfy the first element: " ' "a promise clear and unambiguous in its terms . . . ." ' " (Jones v. Wachovia Bank, supra, 230 Cal.App.4th at p. 945.) Appellant did not allege the amount of the "monthly fee" required to postpone foreclosure or when the fee was due. Nor did he allege the duration of the postponement. In contrast, emails attached to the complaint show that the earlier
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