California Court of Appeal

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Bank of America, N.A. v. Mitchell, B233924

In an action by an assignee bank against a foreclosed homeowner to recover on a loan secured by a second deed of trust, the trial court's sustaining of a demurrer and its award of attorney's fees to the defendant are affirmed, where: 1) Code of Civil Procedure section 580d prohibited the bank's assignor, and thus the bank, from seeking a judgment for a deficiency on the note; and 2) the homeowner was a prevailing party entitled to attorney's fees, notwithstanding the bank's attempted dismissal of its case with prejudice.

Appellate Information

  • Decided 04/10/2012
  • Published 04/10/2012

Judges

  • Suzukawa

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Bruce Dannemeyer, Ulric E. J. Usher