Consumer Statutes, Deeds Of Trust: Third District Affirms Fee Award For Borrower Obtaining TRO Under California Homeowner Bill of Rights Legislation

Fact That Preliminary Injunction Withdrawn Did Not Alter The Result; Its Prior Decision In Bustos Found Persuasive.

            In Abdulrahim v. Wells Fargo Bank, N.A., Case No. C085656 (3d Dist. Mar. 11, 2020) (unpublished), bank reiterated a lot of argument as to why a borrower prevailing under a California Homeowner Bill of Rights TRO should not be entitled to a fee award—and only $7,905 was at issue.  The Third District rejected the bank’s arguments, finding they were foreclosed by its 2019 opinion in Bustos v. Wells Fargo Bank, N.A., 39 Cal.App.5^th 369, 377-380 (2019) [discussed in our August 28, 2019 post].   The fact that borrower withdrew a preliminary injunction motion did not alter the result.