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ANGELL v. SUPERIOR COURT

No. E022187.

86 Cal.Rptr.2d 657 (1999)

73 Cal.App.4th 691

Kendall L. ANGELL et al., Petitioners, v. The SUPERIOR COURT of San Bernardino County, Respondent; Verdugo Trustee Service Corporation et al., Real Parties in Interest.

Court of Appeals of California, Fourth District. Division 2.

July 16, 1999.

Attorney(s) appearing for the Case

Law Offices of James J. Mazzeo and James J. Mazzeo, San Diego, for Petitioners.

No appearance for Respondent.

Lord, Bissell & Brook, Jeffrey S. Kravitz and George D. Lozano, Los Angeles, for Real Party in Interest Verdugo Trustee Service Corporation.

Severson & Werson, Jan T. Chilton and Kimberly A. Kralowec, San Francisco, for Real Party in Interest Glendale Federal Bank.

OPINION

HOLLENHORST, Acting P.J.

When does a mistake or irregularity in a nonjudicial foreclosure sale justify the trustee's refusal to issue a trust deed after accepting a high bid? We hold that a material mistake which is discovered after the acceptance of a bid but before issuance of a trustee's deed justifies the trustee's refusal to complete the sale. Accordingly, we affirm the trial court's decision granting the trustee's summary judgment motion.<...

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