Groner v. Kornblum

California Court of Appeal

Groner v. Kornblum

54 P.2d 1115, 12 Cal. App. 2d 757, 1936 Cal. App. LEXIS 1125

CourtCalifornia Court of Appeal

DecidedFebruary 28, 1936

DocketCiv. No. 9786

StatusPublished

Cited by1 cases

This text of 54 P.2d 1115 (Groner v. Kornblum) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Groner v. Kornblum, 54 P.2d 1115, 12 Cal. App. 2d 757, 1936 Cal. App. LEXIS 1125 (Cal. Ct. App. 1936).

Pincite

Opinion

EDMONDS, J., pro tem.

This action was brought to recover the deficiency remaining unpaid upon a note originally secured by a deed of trust after sale of the property. The trial court sustained a demurrer without leave to amend, and the appeal is taken from the judgment subsequently entered.

The note and deed of trust were executed May 28, 1930. The note became due May 28, 1933, and the sale was made on October 17, 1933, under the provisions of the deed of trust. The action was commenced January 13, 1934.

The only question presented upon the appeal is the right of the defendant to claim the benefits of sections 580a [758]*758of the Code of Civil Procedure, or 2924½ of the Civil Code. The cases of Bennett v. Superior Court, 5 Cal. App. (2d) 13 [42 Pac. (2d) 80], and Brown v. Ferdon, 5 Cal. (2d) 226 [54 Pac. (2d) 712], are determinative of the rights of the parties. Upon their authority the judgment is reversed.

Houser, P. J., and York, J., concurred.

Free access — add to your briefcase to read the full text and ask questions with AI