California Court of Appeal

In a fraud and breach of warranty action arising from defendants' purchase of real property in a non-judicial foreclosure sale with cashier's checks, which were subsequently canceled by defendants' false representations to the issuing bank, judgment finding that plaintiff's sole remedy against defendants was to re-notice the sale and recover the costs of a new notice of sale is reversed where plaintiff's remedy was neither limited by Civil Code section 2924h, nor barred by the election of remedies doctrine.

Appellate Information

• Decided 06/09/2008
• Published 06/09/2008

Judges

• CROSKEY, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Lowe & Baik and Jeffre T. Lowe, Los Angeles, for Plaintiff and Appellant.


• For Appellees:
  
• Halavais & Associates, Coby R. Halavais, Lake Forest, and Thomas G. Kemerer, for Defendants and Respondents.