Lee v. Rich CA4/3

INTRODUCTION

Howard Rich purchased a single-family residence at an execution sale conducted to satisfy a judgment against Yung-Shen Steven Lee. Rich was a third party purchaser; the plaintiff and judgment creditor was Spyglass Hill Community Association (the HOA), which managed the common interest development of which the residence was a part. After the sale, the trial court granted Lee’s motion to vacate the judgment on the ground it had been obtained by the HOA through fraud. Soon thereafter, the court granted Lee’s motion for restitution and cancelled the sheriff’s deed to Rich. Although Rich was not a party to the HOA’s judgment against Lee, Rich moved for reconsideration of the order vacating the judgment. The trial court denied the motion for reconsideration. Rich appeals from two orders: (1) the order denying his motion for reconsideration and (2) the order granting Lee’s motion for restitution and cancellation of the sheriff’s deed of sale. After the matter was briefed, we issued an order stating we were considering whether to dismiss the appeal for lack of jurisdiction and inviting the parties to submit supplemental letter briefs addressing three issues of appellate…