Sanguansak

On October 19, 1983, Suchat Sanguansak (appellant) filed a complaint for a temporary restraining order and preliminary and permanent injunctions to enjoin Donald C. Myers and Hyacinth S. Myers (Myers) from initiating a trustee sale of real property owned by appellant.

The court granted the temporary restraining order enjoining the institution of the trustee’s sale and ordered Myers to appear in court on November 3, 1983, to show cause why the restraining order should not remain in effect during the pendency of the action. On November 3, 1983, pursuant to stipulation, the matter was placed on the calendar for hearing on January 11, 1984, with the restraining order to remain in effect until the matter was heard.

Appellant filed his first amended complaint on November 10, 1983. On November 23, 1983, Myers filed a cross-complaint against respondent Great Western Savings and Loan Association (Great Western) alleging breach of contract and negligence in serving as a collection agent on a promissory note for Myers. On January 6, 1984, Great Western filed its answer to the cross-complaint.

The matter came on for trial on January 13, 1984. The trial court issued a tentative…