JONES v. FIRST AMERICAN TITLE INS. CO.

No. B137593.

131 Cal.Rptr.2d 859 (2003)

107 Cal.App.4th 381

Jerve M. JONES et al., Plaintiffs, Cross-Defendants and Appellants, v. FIRST AMERICAN TITLE INSURANCE COMPANY et al., Defendants, Cross-Complainants and Appellants.

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

As Modified on Denial of Rehearing April 23, 2003.

Review Denied July 23, 2003.


Attorney(s) appearing for the Case

Norman, Dowler, Sawyer, Israel, Walker & Barton, Richard M. Norman, Michael G. Walker, and Matthew P. Guasco, Ventura, for Plaintiffs, Cross-defendants and Appellants.

Ferguson, Case, Orr, Paterson & Cunningham, Michael W. Case, Joseph L. Strohman, Jr., and Douglas E. Kulper, Ventura, for Defendant, Cross-complainant and Appellant, First American Title Insurance Company.

Arter & Hadden, John L. Hosack, Los Angeles, Aaron M. Peck and Andrea L. Slade, for Defendant, Cross-complainant and Appellant, Union Bank of California, N.A.

Epstein Becker & Green, Alan E. Walcher and Diane B. Sherman, Los Angeles, for Defendant, Cross-complainant and Appellant, Heritage Oak Partners.


GILBERT, P.J.

Civil Code section 2934a, subdivision (a)(4)1 provides that the beneficiary of a deed of trust may replace the appointed trustee simply by recording a substitution, and that "the new trustee shall succeed to all the powers, duties, authority, and title granted and delegated to the trustee named in the deed of trust." We conclude that under the circumstances here reformation may validate a foreclosure sale under section 2934a...

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