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BIRMAN v. LOEB

No. B111945.

75 Cal.Rptr.2d 294 (1998)

64 Cal.App.4th 502

Ben Zion BIRMAN et al., Plaintiffs and Appellants, v. Stanley I. LOEB et al., Defendants and Respondents.

Court of Appeals of California, Second District, Division Five.

Review Denied August 26, 1998.

Attorney(s) appearing for the Case

Matthew H. Tambor, Beverly Hills, for Plaintiffs and Appellants.

Emil W. Herich, Los Angeles, and Cheryl D. Chadwick, for Defendants and Respondents.

Certified for Partial Publication*

TURNER, Presiding Justice.

I. INTRODUCTION

This case presents the question whether a creditor can set off a debt owed to the debtor against a deficiency remaining after nonjudicial foreclosure under a purchase money trust deed. Plaintiffs, Ben Zion Birman, Israel Birman, and Switch Construction Co., Inc., appeal from an order granting an equitable set-off to defendants, Stanley I. Loeb...

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