CTC Real Estate Services v. Lepe

In CTC Real Estate Services v. Lepe (2006) 140 Cal.App.4th 856, the plaintiff established that someone used her personal identification information to engage in various transactions and that she suffered injuries caused by the identity theft: her credit record was damaged, she was required to spend considerable time dealing with the consequences, a bankruptcy proceeding was filed in her name without her knowledge, her credit card accounts had been closed, and she was unable to borrow money for a home she intended to purchase as a result of the identity theft. (CTC Real Estate, supra, 140 Cal.App.4th at pp. 858-859.) Moreover, the proceeds the plaintiff sought to recover in that case were the surplus proceeds from a trustee sale of a property the perpetrator purchased by obtaining a loan using the plaintiff's personal information and credit, which loan was secured by a personal deed of trust under the plaintiff's name. (Id. at p. 858.) The appellate court held that, because the perpetrator injured the plaintiff by taking and misusing her personal assets -- her identifying information and credit -- the plaintiff was entitled to recover anything the perpetrator acquired with the stolen assets, i.e., the surplus proceeds from a trustee sale following foreclosure. (Id. at p. 860.)