California Trend: The Truth Matters

By Attorney Charles Marshall, Southern California

Time to provide some of the backstory to how the recent breakthrough decision of Gieseke v. Bank of America came about. Of course it goes back to Yvanova (February 2016). This blog has addressed that decision on many occasions. And then there is Keshtgar v. U.S. Bank (April 2016). I’ve blogged a bit about that decision as well.

Between those two cases, back in early March, the case of Lundy v. Selene Finance became relevant. Unlike the two California Supreme Court decisions of Yvanova and Keshtgar, Lundy it is a U.S. District Court case (Northern District of California), and moving forward as I write this on several causes of action at the trial level- including quiet title and wrongful foreclosure.

One Jon Tigar is the presiding judge in Lundy. He issued an order to show cause in early March…