Vella v. Hudgins

Opinion

RICHARDSON, J.

Plaintiff Nancy C. Vella brought this action to set aside a trustee’s sale, alleging that defendant Everett R. Hudgins, holder of a note secured by a second deed of trust on her residence, fraudulently induced her to default on the note, The question which we consider is whether the present suit is precluded by the prior adjudication of the fraud issue in an unlawful detainer action between the parties.

The trial court found that Vella, who originally owned the subject property, had for several years maintained a confidential and intimaje relationship with defendant. Vella…