Ngai v. Valencia
Plaintiff appeals from a summary judgment entered in favor of defendants Angel A. Valencia and Carmen Valencia (defendants). The suit concerns defendants nonjudicial foreclosure sale on commercial real property that defendants sold to plaintiff in early 1989. In her suit against defendants, plaintiff alleged that the parties had entered into a forbearance agreement whereby plaintiff was to be given an additional opportunity to bring current her delinquent payments on the purchase price in exchange for sequential extensions of the pending foreclosure sale. She alleged that defendants breached that agreement and thereby caused her to lose the property in a foreclosure sale. In her complaint, she pled four causes of action: (1) breach of contract, (2) breach of the implied covenant of good faith and fair dealing, (3) fraud and (4) conversion of certain personal property.
Our examination of the appellate record shows plaintiff has raised triable issues of material fact that prevent entry of a summary judgment in defendants favor.
Comments on Ngai v. Valencia