El Centro Grain Co. v. Bank of Italy National Trust & Savings Ass'n

This is an action wherein the plaintiffs seek to restrain foreclosure of a trust deed by defendants and asking the court for an accounting as to amounts paid upon the note secured by the deed of trust and sale of the property described in the deed of trust by a court commissioner.- The case was tried upon an agreed statement of facts and submitted to the court for decision. Thereafter the court filed a document entitled “Directions for Findings and Judgment”, wherein he stated that he thought the defendants were- entitled to a stated amount upon the note and that he should appoint a commissioner to make the sale; that the defendants were entitled to judgment for the amount indicated; that the court appoint a commissioner to sell the property covered by the trust deed; that a period of sixty days be allowed for redemption and that further proceedings under the trust deed be permanently enjoined. Defendants’ attorney was requested to draw findings. Before findings were prepared or judgment entered plaintiffs moved “to reopen the above entitled ease for further proceedings and for the purpose of bringing in new and additional parties thereto, and filing the additional stipulation of…