This section contains the nature of the case and procedural background.

Tolosa (Ps) obtained a $276,000.00 loan to purchase real property. The Loan was evidenced by a Promissory Note and was secured by a Deed of Trust. Ps defaulted on their payment obligations under the Promissory Note, and the property was sold in a foreclosure sale in April 2011. Ps filed this lawsuit in September 2011, seeking to delay post-foreclosure eviction proceedings. Ps asserted claims for fraud, wrongful foreclosure due to fraud, slander of title, promissory estoppel, unreasonable collection, and a request for an accounting. D removed the case to federal court based on diversity jurisdiction. D moved to dismiss in that Ps failed to state a claim upon which relief can be granted because all their claims are barred by the statute of frauds. Ps allege that D promised not to foreclose on the property during a loan modification review process.

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