Nunez v. Nicholson
This case arose from the sale of a complex containing a gas station, carwash, mini mart, and taqueria through nonjudicial foreclosure proceedings. The borrowers brought this action against the buyers of the property, asserting that the equipment associated with the property was personal property and did not pass to the buyers in the foreclosure sale.
The borrowers litigated the case for years on theories aimed at recovering personal property. The matter proceeded to bench trial five years after the inception of the case. During trial, the borrowers sought to add causes of action aimed at invalidating the transfer of title to the real property in the foreclosure sale. The trial court denied the borrowers’ request to add wrongful foreclosure and quiet-title-to-real-property claims to the operative complaint. The grounds for denial were unreasonable delay and the fact that discovery was conducted in relation to disputed personal property interests only.
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