Ung v. Koehler
In 1991, plaintiff Mui Ung gave a promissory note to defendant Henry Koehler, secured by a deed of trust on real property. Over 10 years later, defendant filed a notice of default and sought nonjudicial foreclosure to recover unpaid sums under the note. In an earlier lawsuit, which was appealed to this court, plaintiff unsuccessfully contended that the notice of default was time barred.Rather than appeal entry of the injunction, defendant moved to strike portions of the complaint on the same res judicata theory. When that was unsuccessful, defendant asked the trial court to modify or dissolve the injunction, again on res judicata grounds. Defendant has now appealed the trial courts denial of the latter motion. Court affirm, holding that the trial court did not abuse its discretion in denying the motion to modify or dissolve and that res judicata does not bar plaintiffs claim for redemption.
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