In the Superior Court for the State of California, County of Santa Clara, plaintiff Santiago Garcia Acevedo has filed a lawsuit against defendant Duane Gifford. The case, identified as 24CV435780, was filed on April 16, 2024. The complaint includes statutory damages, punitive damages, injunctive relief and declaratory relief among other allegations.
The plaintiff, Santiago Garcia Acevedo is a resident of Santa Clara County and owns real property at 1094 South 2nd Street, San Jose. The defendant Duane Gifford is accused of being the original lender for the plaintiff's trust deed and note. There are also unnamed defendants referred to as DOES 1 through 50 who are alleged to have some claim or interest in the property in question.
The lawsuit alleges that the loan contract was both procedurally and substantively unconscionable. It claims that payments on the loan exceeded Acevedo's entire spendable income and that Gifford's employees did not disclose the terms and conditions of repayment. It also alleges that improper fees were charged for placement of his loan as "sub-prime" when he qualified for a prime rate mortgage.
Acevedo seeks judgment for statutory damages, punitive damages, injunctive relief and declaratory relief against Gifford. He also requests to set aside foreclosure due to violations of California Civil Codes §2923.5 AND §2924.