Monday, March 23, 2015

Boyce v. TD Service Co. (Cal. Ct. App. - March 23, 2015)

As you undoubtedly know, there have been a plethora of "wrongful foreclosure" cases -- both in trial courts and in the appellate courts -- over the past half-decade.  Especially at this point, the consensus judicial attitude to those actions is not especially favorable.

Lest there be any doubt, today, Justice Yegan grants us a fairly good insight into his view.  Ostensibly as regards one particular case, but I think it's pretty indicative of a more general attitude as well.  He ends today's opinion with the following statement:

"Appellant lost in the bankruptcy court. He lost in United States District Court. He lost in the unlawful detainer court. He lost in the Appellate Department of the Superior Court. He lost in Superior Court. He now loses here. As the late eminent federal appellate jurist Rugierro Aldisert would say, "Basta," which translates from Italian to English as, Enough! (United States v Desmond (1982) 670 Fed. 2nd 414, 420) The judgment is affirmed. Costs to respondents."

That's pretty clear, I think.