Kennyhertz Perry is pleased to report that its attorney Jonathon Nicol prevailed on every cause of action following a bench trial in Orange County Superior Court, California.
Jonathon's clients — a licensed California real estate broker authorized to broker mortgage loans, and his loan processor — were sued over a 2018 hard money refinance. The plaintiffs alleged violations of the federal Truth in Lending Act and California’s Home Ownership and Equity Protection Act, fraudulent concealment, fraudulent misrepresentation, breach of fiduciary duty, constructive fraud, and unfair business practices under California Business & Professions Code section 17200, and sought both compensatory and punitive damages.
After three days of trial and post-trial briefing, the Court entered judgment for the defense on all counts, finding a failure of proof on each. In particular, the Court found the plaintiffs “not credible,” while the defense expert witness was “convincing."
Thank you to the clients who trusted Jonathon with a case they had been living with for five years.
Past results do not guarantee a similar outcome; every case turns on its own facts.
To learn more about Kennyhertz Perry, LLC, please visit kennyhertzperry.com.
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