KISTLER v. VASI

Docket No. L.A. 29626.

71 Cal.2d 261 (1969)

455 P.2d 106

78 Cal. Rptr. 170

ART C. KISTLER et al., Plaintiffs and Appellants, v. ANTHONY D. VASI et al., Defendants and Respondents.

Supreme Court of California. In Bank.

June 18, 1969.


Attorney(s) appearing for the Case

Hurwitz, Hurwitz & Remer, Robert R. Hurwitz and James B. MacDonald for Plaintiffs and Appellants.

Jordan, Dodge & Loveridge, Dodge & Loveridge, Paul F. Loveridge, Henry Hill, Vaverka & Price and Donald R. Price for Defendants and Respondents.


TRAYNOR, C.J.

Plaintiffs appeal from a judgment for defendants in an action to recover the balance due on a promissory note. The note was secured by a second deed of trust on real property, but the security had been exhausted by a sale under the first deed of trust. The trial court granted defendants' motion for summary judgment on the ground that the undisputed facts established that Code of Civil Procedure section 580b...

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