False Statement By Lender’s Defense Counsel Occurred in Superseded Pleading.
In Tyshkevich v. Countrywide Home Loans, Inc., Case No. C070764 (3d Dist. Dec. 26, 2014) (unpublished), homeowner lost both a challenge to a residential foreclosure and a request for sanctions against lender’s defense counsel under Code of Civil Procedure section 128.7. The lender’s counsel had made a false statement about the loan never having been sold on the secondary market in demurrer paperwork directed against a first amended complaint, a pleading which had been superseded via latter versions by the time the 128.7 request was made by homeowner.
The appellate court found no abuse of discretion in the lower court’s denial of the 128.7 request. Given that the offending statement was found in a superseded complaint, lender and its counsel had no opportunity to correct the error in a pleading which was no longer in force.