Prudential Home Mortgage Co. v. Superior Court

In Prudential Home Mortgage Co. v. Superior Court (1998) 66 Cal.App.4th 1236, borrowers sued several lenders for violations of Civil Code section 2941, which requires a lender to record a reconveyance of a deed of trust after the borrower pays off a secured loan and provides a criminal penalty for a lender's failure to do so. (Id. at p. 1240.) A majority of the court held that the delayed discovery doctrine could apply because the plaintiffs were entitled to presume the defendants had performed an act required by a penal statute. (Id. at pp. 1241, 1248.)