Date Posted: February 25, 2009 by CaliLaw
Motion for Summary Judgment - Unfair Business Practices
Points and authorities in support of MSJ. Plaintiff property owner sues defendant for interest earned on surplus funds from foreclosure sale before defendant remitted the surplus funds to plaintiff. The funds in fact earned no interest so plaintiff has no injury. Further, plaintiff signed a release and procurement of the release was not unlawful, fraudulent or unfair. Analysis of Business & Professions Code 17200.