Eliceche

This is the fourth appeal taken by Ronald M. Eliceche in his efforts to prevent or set aside the 1989 foreclosure sale of real property he had pledged as security for a loan from the Federal Land Bank Association of Sacramento (FLBS), now known as the Western Farm Credit Bank (WFCB). Eliceche filed suit on the eve of the sale challenging its legality and seeking on this basis to recover damages and to enjoin the Bank from proceeding. The court, however, allowed the sale to go forward. The Bank acquired the property, then filed an unlawful detainer action to eject Eliceche. The court entered judgment for the Bank, Eliceche appealed, and we affirmed the judgment in 1993. (Western Farm Credit Bank v. Eliceche (Jan. 25, 1993, F015128) [nonpub. opn.].)

Activity then resumed in Eliceche’s surviving action against the Bank, by which he now sought to recover damages and to set aside the foreclosure sale. The Bank demurred to the complaint, the court sustained the demurrers with leave to amend, and Eliceche amended the complaint a total of four times during the remainder of 1993. He filed the fourth amended complaint in December. In a series of rulings that followed in 1994, the…