SECURITY FIRST NAT BANK OF LOS ANGELES v. CONNOR (1937)

Supreme Court of California.

SECURITY—FIRST NAT. BANK OF LOS ANGELES v. O'CONNOR et al.

Civ. 11148.

Decided: March 18, 1937

Irvin C. Louis and H. B. Pool, both of Los Angeles, for appellant. Sherrill B. Osborne and Thorpe & Bridges, all of Angeles, for respondent.

The petition for hearing is denied.

The opinion of the Appellate Court inadvertently indicates that in the case of Visalia Savings Bank v. Curtis, 135 Cal. 350, 67 P. 329, a claim was not filed. The opinion in that case expressly states that a claim upon the mortgage debt was presented, allowed, and filed.

It appears from the opinion of the Appellate Court herein that in fact the property involved in the instant case was sold under foreclosure subsequent to the judgment herein appealed from for an amount ‘sufficiently large so that there was no occasion for a deficiency judgment.’ In view of this fact, the question of whether the judgment properly made provision for a deficiency judgment has become moot. We, therefore, withhold our approval from that portion of the opinion which finds that the provision for a deficiency is in accordance with law, and do not express an opinion on that question.

PER CURIAM.

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