Title Insurance & Trust Co. v. Kinkel

California Court of Appeal

Title Insurance & Trust Co. v. Kinkel

46 P.2d 778, 7 Cal. App. 2d 623, 1935 Cal. App. LEXIS 788

California Court of Appeal·Decided June 14, 1935·No. Civ. No. 9815·Published·Cited by 1 cases

Opinion

CRAIL, J.

The questions raised on this appeal are these: Does section 580a of the Code of Civil Procedure, relating to the appointment of appraisers in actions for a deficiency judgment, apply (1) to a trust deed executed prior to its effective date, (2) to a power of sale therein contained and [624]*624exercised prior to its effective date, and (3) to an action for a deficiency judgment thereunder instituted prior to its effective date?

The reasoning in Bennett v. Superior Court, 5 Cal. App. (2d) 13 [42 Pac. (2d) 80], leads inevitably to a negative answer to all of these questions.

Judgment affirmed.

Stephens, P. J., concurred.

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CRAIL, J.

The questions raised on this appeal are these: Does section 580a of the Code of Civil Procedure, relating to the appointment of appraisers in actions for a deficiency judgment, apply (1) to a trust deed executed prior to its effective date, (2) to a power of sale therein contained and [624]*624exercised prior to its effective date, and (3) to an action for a deficiency judgment thereunder instituted prior to its effective date?

The reasoning in Bennett v. Superior Court, 5 Cal. App. (2d) 13 [42 Pac. (2d) 80], leads inevitably to a negative answer to all of these questions.

Judgment affirmed.

Stephens, P. J., concurred.

Title Insurance & Trust Co. v. Kinkel, 46 P.2d 778, 7 Cal. App. 2d 623, 1935 Cal. App. LEXIS 788 (Cal. Ct. App. 1935).

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