California Court of Appeal

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Black Sky Capital v. Cobb, 064482

In an action brought by a party holding both a senior and a junior lien on real property, seeking to recover the amount still owed on the junior note after the real property was sold in a trustee's sale, the trial court's grant of summary judgment to defendants is reversed where the rule enunciated in Simon v. Superior Court (1992) Cal.App.4th 63 nor section 580d applies under the circumstances of this case, and thus plaintiff has the right to seek a judgment for the balance owed on the junior note.

Appellate Information

  • Decided
  • Published 2017/06/13

Judges

  • McKINSTER

Court

  • California Court of Appeal

Counsel

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