[Download] "Ware v. Heller" by District Court of Appeal of California * Book PDF Kindle ePub Free
eBook details
- Title: Ware v. Heller
- Author : District Court of Appeal of California
- Release Date : January 18, 1944
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
[63 CalApp2d Page 819] In this action to recover a deficiency judgment after a sale under a trust deed, the plaintiff sought and obtained a summary judgment, from which the defendants have appealed. A demurrer had been sustained, without leave to amend, to several affirmative defenses which set [63 CalApp2d Page 820] up statutes of limitations, and that ruling is one of the subjects to engage our attention. So also is defendants' contention that the judgment should have been limited, under the provisions of section 580a, Code of Civil Procedure, to the difference between the value of the property at the time of sale and the balance remaining unpaid on the obligation which had been secured by the trust deed. We have concluded that plaintiff's cause of action was not barred, and that the provisions of section 580a were inapplicable.