Seibert

Appellant Richard Seibert appeals from a judgment in an unlawful detainer action in which possession of the property in question was awarded to respondent Old National Financial Services, Inc. (Old National). Seibert contends that due process considerations required the trial court to grant his motion to stay proceedings in the unlawful detainer action, pending resolution of a separate fraud action filed by him against Old National and others.

I

Old National brought an action for unlawful detainer against Seibert. The complaint alleged and Seibert admitted the following facts; In August 1979 he executed a promissory note in favor of American Savings and Loan Association (American). The note was secured by a first deed of trust on his residence in Piedmont, California. Old National had also made a loan to Seibert, which obligation was secured by a second deed of trust on the Piedmont property. In June 1984 Seibert stopped making payments on his loan to American. Through its substituted trustee under the deed of trust, on July 30, 1984, American recorded a notice of default and election to sell pursuant to the provisions of the first deed of trust. Seibert admitted that…