Emerald

Defendant, Robert M. Emerald, proceeding in propria persona, appeals from a judgment granting plaintiff Crocker National Bank’s motion for summary judgment. Crocker’s motion for summary judgment stems from a collection action brought by Crocker against Emerald for nonpayment on a promissory note. Emerald appeals from the judgment of dismissal following the order granting summary judgment, contending triable issues of fact exist as to whether Crocker has complied with California Uniform Commercial Code section 9504 subdivision (3) which requires the sale of collateral to be conducted in a commercially reasonable manner. Emerald also argues Crocker is estopped from collecting the deficiency judgment by the doctrine of unclean hands, and contends the trial court abused its discretion in denying him leave to file a cross-complaint. Finally, Emerald requests this court to make findings of fact under Code of Civil Procedure section 909. We shall reverse the order granting summary judgment, decline to make findings of fact, and affirm the trial court’s denial of leave to file a cross-complaint.

Factual and Procedural Background

This dispute between Crocker and Emerald has…