California Court of Appeal

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612 S. LLC, v. Laconic Ltd P'ship, D056646

In a bondholder's suit seeking a judgment ordering the foreclosure and sale of property subject to a water district bond issued under the provisions of the Improvement Act of 1911 and the Municipal Improvement Act of 1913, the judgment of the trial court is affirmed in part, reversed in part, and remanded where: 1) trial court properly rejected the property owner's claim that it was a bona fide purchaser because the record reveals that it had constructive notice of the Bond and assessment lien; 2) trial court's judgment holding the property owner personally liable for any deficiency after the foreclosure sale of the property is reversed; and 3) the trial court abused its discretion in deciding attorney fees and costs without consideration of all the evidence.

Appellate Information

  • Decided 05/25/2010
  • Published 05/25/2010

Judges

  • McINTYRE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Niesar & Vestal, Peter L. Vestal, John A. Kelley, Ward & Ward, Alexandra S. Ward, Nichols Professional Law Corp. and Alan Nichols for Plaintiff and Appellant.

  • For Appellees:
  • Hall & Bailey and John L. Bailey for Defendant and Appellant.
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