Register v. Gabriel
Appellants Jonathan G. Gabriel and California Association Lien Collections, LLC (CALC) appeal from a judgment after a bench trial and an order denying appellants' motions for summary judgment on respondent Nancy Steele Register's complaint alleging breach of statutory duties relating to the distribution of proceeds from a foreclosure sale, unfair competition, conversion and breach of fiduciary duty. The lower court found that CALC, a trustee hired to conduct the foreclosure proceeding on Register's condominium, and CALC's lawyer Gabriel had improperly withheld the surplus funds from the foreclosure sale and used those funds to pay for CALC's defense in Register's lawsuit seeking to set-aside the foreclosure.
Before this court, appellants assert that the lower court erred when it denied appellants' motions for summary judgment, finding that appellants had no authority to use the surplus funds to pay CALC's legal fees. In addition, appellants contend that the trial court erred at trial when it (1) excluded certain evidence; (2) found appellants liable in tort and awarded compensatory damages; and (3) prepared an inadequate statement of decision. As we shall explain, appellants' claims are without merit. Accordingly, we affirm the judgment.
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