2010-1 RADC/CADC Venture, LLC v. Dos Lagos, LLCAnnotate this Case
Dos Lagos, LLC and Mellon Valley, LLC defaulted on a loan in which Utah First Federal Credit Union owned a fifty-two percent interest and RADC/CADC Venture, LLC (RADC) owned a forty-eight percent interest. Utah First filed a deficiency action against Dog Lagos, Mellon Valley, and several guarantors (collectively, Dos Lagos). After the statute of limitations had expired, Utah First filed an emended complaint adding RADC as a party plaintiff. The district court awarded RADC the full amount of the loan, concluding that the amended complaint related back to the date of the original complaint under Utah R. Civ. P. 15(c). The court of appeals affirmed. The Supreme Court affirmed, holding that the court of appeals did not err when it found that RADC’s claim was not time barred and awarded RADC the full deficiency amount.