Binafard

MEMORANDUM *

Plaintiff-Appellee D.A.N. brought a diversity action against Defendants-Appellants Nasser and Soleyman Binafard (“Binafards”) alleging that the Binafards committed bad faith waste which substantially impaired D.A.N.’s security interest in a building. The Binafards appeal the district court’s denial of their motion for a new trial and renewed motion for judgment as a matter of law, following a jury verdict of more than $2.8 million in favor of D.A.N.

We review questions of law de novo, Milenbach v. Commissioner, 318 F.3d 924, 930 (9th Cir.2003), and evidentiary rulings for an abuse of discretion, Tritchler v. County of Lake, 358 F.3d 1150, 1155 (9th Cir.2004). We have jurisdiction under 28 U.S.C. § 1291 and we affirm.

The Binafards purchased a building (the “Jewelry Center”) located in downtown Los Angeles. D.A.N. was the owner of an $8 million promissory note secured by a deed of trust on the Jewelry Center. The Binafards defaulted on the promissory note by failing to make twenty-six monthly payments totaling nearly $1.8 million. As a result, the Jewelry Center was sold at a non-judicial foreclosure sale to D.A.N. for $100,000. 2 D.A.N. was the sole bidder on the…