California Court of Appeal
Aviel v. Ng, A114930
Under long-settled legal precedents, mortgages and deeds of trust are functionally and legally the same. In a case where a commercial lease was extinguished by a trustee sale under a deed of trust, which was senior to the lease by virtue of a subordination clause in the lease, a judgment of lease forfeiture is affirmed over former lessees' claims that lease was not forfeited because the subordination clause encompassed only mortgages, not deeds of trust.
Appellate Information
- Decided 02/28/2008
- Published 04/01/2008
Judges
- REARDON, Acting P.J.
Court
- California Court of Appeal
Counsel
- For Appellees:
- Jackson & Wallace, Gabriel A. Jackson, Todd M. Thacker, Christine A. Huntoon, San Francisco, CA, for Respondents Simon David Aviel and Joann Aviel., Michael Darnell McSweeney, Derek L. Austin, Hoge, Fenton, Jones & Appel, San Jose, CA, for Respondents Khalil Abusharkh and Dalal Metwally.