California Court of Appeal

In a suit seeking a declaratory judgment and quiet title to property on which nonjudicial foreclosure proceedings had been initiated, the superior court's sustaining of a demurrer to the complaint is affirmed, where: 1) nothing in the applicable statutes precludes foreclosure when the foreclosing party does not possess the original promissory note; and 2) the alleged imperfection in the foreclosure process--inadequately identifying the defendant bank as the beneficiary and prematurely naming the trustee--was not prejudicial to the plaintiff's interests.

Appellate Information

• Decided 03/16/2012
• Published 03/16/2012

Judges

• Elia

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Thomas Spielbauer, Wolfe & Wyman