Field v. US Bank National Association (2022) 79 Cal.App.5th 703. This is a discovery case, and in it the court determined that the borrower gave an evasive and ambiguous answer to a key contention interrogatory by responding that the borrower was “unsure” when asked about a mailed notice of trustee sale. This violated the borrower’s duty to be diligent and straight forward in responding to discovery, CCP§ 2030.220(a)-(c). The trial court was justified in subsequently disregarding a contrary later declaration in which the borrower claimed never to have received notice which was submitted in connection with the bank’s summary judgment motion.
Gregory L. McCoy