TITLE INS TRUST CO v. KINKEL (1935)

District Court of Appeal, Second District, Division 2, California.

TITLE INS. & TRUST CO. v. KINKEL et al.

Civ. 9815.

Decided: June 14, 1935

Frank P. Doherty and William R. Gallagher, both of Los Angeles, for appellants. Bob Wheeler, of Glendale, for respondent.

The questions raised on this appeal are these: Does section 580a of the Code of Civil Procedure, as added by St. 1933, p. 1672, § 4, relating to the appointment of appraisers in actions for a deficiency judgment, apply (1) to a trust deed executed prior to its effective date, (2) to a power of sale therein contained and exercised prior to its effective date, and (3) to an action for a deficiency judgment thereunder instituted prior to its effective date?

The reasoning in Bennett v. Superior Court (Cal. App.) 42 P.(2d) 80, leads inevitably to a negative answer to all of these questions.

Judgment affirmed.

CRAIL, Justice.

I concur: STEPHENS, P. J.

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