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2010-1 RADC/CADC Venture, LLC v. Dos Lagos, LLC 2017 UT 29 (June 2, 2017)

Jun 2, 2017

The court here affirmed a decision allowing the joinder of a co-holder of a promissory note after the statute of limitations had expired because there was identity of interest between the plaintiffs and the debtor did not suffer any prejudice.  Although the court recognized that privity of contract is not alone sufficient to create identity of interest, here, where RADC and Utah First were co-holders of a single note, and the action was to recover the entire amount on the note, there was sufficient identity of interest for relation back.