Summary Judgment Reversed.

Plaintiff entered into a construction loan agreement with a bank, but the bank failed to properly make fund disbursements. As plaintiff attempted to salvage the situation, the bank went into receivership. Later defendant purchased the bank’s assets through a purchase and assumption agreement. Plaintiff stopped making payments and defendant took steps to foreclose. Two days prior to foreclosure, plaintiff brought an action against defendant alleging misrepresentation, breach of contract and negligence. Defendant moved for summary judgment, largely based on its theory it did not assume the bank’s liabilities. The purchase and assumption agreement was placed before the court only by virtue of judicial notice. Plaintiff’s expert witness declared the purchase and assumption agreement before the court was not complete. The trial court granted summary judgment without addressing plaintiff’s evidence the document was incomplete. The appellate court reversed, stating it agreed with plaintiff’s contentions the document was not authentic and because of misconduct by defendant. Jolley v. Chase Home Finance, LLC  (Cal. App. First Dist., Div. 2; February 11, 2013) 213 Cal.App.4th 872.