California Court of Appeal

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Malkoskie v. Option One Mortgage Corp., B221470

In plaintiffs' action for quiet title and related claims seeking to set aside a nonjudicial foreclosure sale and subsequent eviction, trial court's judgment sustaining defendants' demurrer in entering a judgment of dismissal is affirmed as, contrary to the plaintiffs' claim that the demurrer was erroneously sustained because the foreclosure sale was void and that the stipulated judgment in the summary unlawful detainer proceedings did not have preclusive effect on the issue of lawful title to the property, the validity of title was conclusively resolved in the unlawful detainer action in this case.

Appellate Information

  • Decided 09/23/2010
  • Published 09/23/2010

Judges

  • GRIMES

Court

  • California Court of Appeal

Counsel

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