Ivanoff v. Bank of America

Plaintiff filed suit against the Bank, alleging violations of the federal Truth in Lending Act (TILA), 15 U.S.C. 1601 et seq., and California's unfair competition law (UCL), Bus. & Prof. Code, 17200 et seq., fraudulent omission/concealment, and injunctive relief. The trial court dismissed the complaint with prejudice. The trial court applied the doctrines of res judicata (claim preclusion) and collateral estoppel (issue preclusion) based on plaintiff's prior unsuccessful lawsuit against the Bank for breach of contract. The court concluded that the Bank's demurrer was properly sustained without leave to amend where the TILA claim was not subject to claim preclusion or issue preclusion, but was time-barred; plaintiff adequately alleged injury in fact and had standing to pursue a UCL claim, but the UCL claim was time-barred; the fraudulent omission/concealment claim was likewise time-barred; plaintiff's request for injunctive relief necessarily failed as well; and the Bank's demurrer was properly sustained without leave to amend. Accordingly, the court affirmed the judgment. View "Ivanoff v. Bank of America" on Justia Law