MONTEREY S.P. PARTNERSHIP v. W.L. BANGHAM, INC.

Docket No. S004027.

49 Cal.3d 454 (1989)

777 P.2d 623

261 Cal. Rptr. 587

MONTEREY S.P. PARTNERSHIP, Plaintiff and Respondent, v. W.L. BANGHAM, INC., Defendant and Appellant.

Supreme Court of California.

August 24, 1989.


Attorney(s) appearing for the Case

COUNSEL

Don H. Teague and Teague & George for Defendant and Appellant.

Harry D. Miller, Edmund L. Regalia, John G. Sprankling, Gary E. Rosenberg, Miller, Starr & Regalia, David M. Marcus and Hirschman & Marcus for Plaintiff and Respondent.

John R. Hetland, Charles A. Hansen and Hetland & Hansen as Amici Curiae on behalf of Plaintiff and Respondent.


OPINION

LUCAS, C.J.

We consider whether the interest of the beneficiaries under a deed of trust is affected by a default judgment in a mechanic's lien foreclosure suit in which the trustee under the deed of trust was served with the summons and complaint, but the beneficiaries were not served. We conclude that the beneficiaries' interest was not affected by the default judgment, and that the successor to the beneficiaries' interest...

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