Superior Court of San Diego County (California)

Procedural Posture

Appellant borrower and company sought review of an order of the Superior Court of San Diego County (California), that denied his motion for a preliminary injunction to halt respondent lender’s nonjudicial foreclosure sale of its various interests in several condominium units.

Overview: business acquisition lawyer

Appellant borrower and company challenged the trial court’s order that denied its motion for a preliminary injunction to halt a nonjudicial foreclosure sale by respondent lender of its various interests in several condominium units. The court affirmed and found that the units were fungible and not unique. The court noted that appellants had marketed the units for sale, had set the price for the sale of the units, and could thus be adequately compensated in damages should he prevail in his suit with respondent. The court determined that the issue of uniqueness alone was not dispositive. The court found it unlikely that appellants would have prevailed in its action against respondent because appellants produced nothing but their pleadings, while respondent produced a verified answer to each of appellants’ allegations, along with a specific declarations from four witnesses. The court agreed with appellants that the trial court could decide its motion based on either the likelihood of appellants prevailing in its action against respondent or that there would be no irreparable injury to appellants because of the denial of the injunction.

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Outcome

An order that denied a motion for a preliminary injunction to prevent a foreclosure sale was affirmed because appellant borrower could have been adequately compensated in damages if he prevailed in his suit against respondent lender, and because appellant borrower and company failed to produce substantial evidence that they would have prevailed in their suit against respondent.

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