Maravilla Center v. First-Citizens Bank & Trust Co. CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND2

Appellants and Rezinate San Jacinto, LLC (Rezinate), filed the underlying action

in December 2009.3 In June 2010, First-Citizens filed a cross-complaint against Valley

Circle Estates Realty Co., Rezinate Construction Corp, Rezinate and Robert. Although

Appellants have not provided us with a copy of the operative complaint or a cross-

complaint — and thus we do not know the claims or causes of action that went to trial —

from the register of actions and the judgment we understand that at the time of trial the

operative pleadings were Appellants' third amended complaint and First-Citizens' cross-

complaint.

In April 2010, the court granted Appellants' (and Rezinate's) motion for a

preliminary injunction, restraining First-Citizens from conducting a nonjudicial

foreclosure of approximately 2.5 acres of specifically identified real property in San

Appellants' briefs lack many record references and in places contain inaccurate record references — all in violation of rule 8.204(a)(1)(C). Instead of returning or striking the briefs (rule 8.204(e)(2)), we have disregarded all such unsupported assertions…