Quach v. Agents Realty and Finance CA6

Filed 6/13/25 Quach v. Agents Realty and Finance CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

CUONG HUY QUACH, H052740 (Santa Clara County Plaintiff and Appellant, Super. Ct. No. 21CV392006)

v.

AGENTS REALTY AND FINANCE, et al.,

Defendants and Respondents.

THE COURT* In November 2024, Cuong Huy Quach applied for a temporary restraining order against a foreclosure sale. Two days later, the trial court denied the application, and Quach appealed from the denial. Quach also petitioned for a writ of supersedeas staying the foreclosure sale, but the petition was denied. (Quach v. Agents Realty and Finance (Dec. 12, 2024, H052752) [nonpub. opn.].) As a consequence, the foreclosure sale proceeded, and in January 2025 the property at issue was sold. At respondents’ request, we have taken judicial notice of the foreclosure sale. Now, in light of that sale, we dismiss this appeal as moot.

* Before Danner, Acting P.J., Wilson, J., and Bromberg, J.

I. BACKGROUND Quach owned a residence on Whitesand Drive in San Jose. In 2019, Quach refinanced the Whitesand property with a new loan and later took out a bridge loan to pay the interest on the first loan. However, allegedly due to strokes in 2018 and 2021, he defaulted on both loans. A. The 2019 Refinancing Loan By 2019, Quach allegedly had fallen behind on payments for a mortgage of approximately $900,000 on the Whitesand property. Accordingly, in September 2019, Quach obtained a $1,170,000 loan secured by a deed of trust on the property, which he apparently used to refinance and pay off his first loan. The refinancing loan was subsequently assigned to Yan Zhang and Ling Song. Soon after obtaining the loan, Quach allegedly experienced financial hardship due to his 2018 stroke, subsequent medical procedures, and resulting inability to work, and he was unable to make the payments due. B. The 2020 Bridge Loan In September 2020, Quach obtained a $70,000 bridge loan from Kok Jin Yeo, which was secured by a second deed of trust on the Whitesand property. Interest on the bridge loan was to be paid monthly beginning in November 2020, with a balloon payment covering the principal and remaining interest due in May 2021. However, after his 2021 stroke, Quach allegedly became delinquent on the 2020 bridge loan as well as the 2019 refinancing loan. C. Legal Proceedings 1. The Initial Complaint In December 2021, Quach sued Zhang, Song, and Yeo, the holders of the refinancing loan and bridge loan, as well as his broker, real estate agent, a loan processor, and the servicer of the loans. Quach alleged breaches of fiduciary duty, civil conspiracy, unfair business practices, negligent misrepresentation, and violation of the Truth in