Clark v. Transpack Corp.
Defendants Transpack Corporation (Transpack) and Buckley & Associates, Inc. (Buckley) obtained judgment in their favor after prevailing on a motion for summary judgment against plaintiffs Craig and Christina Clark. The action was filed after (1) the Clarks defaulted on a secured loan owned by Transpack and (2) Buckley, acting as trustee, sold the property. In their main headings in their opening brief on appeal, the Clarks assert the trial court erred by concluding (1) they could not obtain legal remedies as a result of the trustees sale because they did not tender to Transpack the full amount of their indebtedness, (2) the facts did not support a cause of action for wrongful foreclosure, and (3) the facts did not support causes of action for negligence, fraud, and the breach of the covenant of good faith and fair dealing. Although the legal arguments in the briefs do not necessarily match the main headings, Court nevertheless find that the Clarks have failed to establish that the trial court erred by granting summary judgment.
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