California, United States of America
The following excerpt is from Steever v. Wells Fargo Bank, N.A., A131377 (Cal. App. 2012):
First, appellants argue the court should not have relied on their failure to make the February 10, 2010 payment on time because that payment was "not a part of this action." While the February 2010 payment might not have been part of the dispute when the complaint was filed in November 2009, it certainly became a part of the dispute when the trial court conditioned the temporary restraining order on appellants making their payments under the forbearance agreement on time. Because the very foundation of a court of equity is good conscience, "any . . . unconscientious conduct connected with the controver[s]y to which he is a party is sufficient justification for the court to close its doors to him . . . ." (DeGarmo v. Goldman (1942) 19 Cal.2d 755, 765, emphasis added.) Unquestionably the February forbearance payment is "connected with the controver[s]y" at issue in this case. (Ibid.)
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