GARFINKLE v. SUPERIOR COURT

Docket No. S.F. 23658.

21 Cal.3d 268 (1978)

578 P.2d 945

146 Cal. Rptr. 208

SUSAN GARFINKLE et al., Petitioners, v. THE SUPERIOR COURT OF CONTRA COSTA COUNTY, Respondent; WELLS FARGO BANK et al., Real Parties in Interest.

Supreme Court of California.

May 16, 1978.


Attorney(s) appearing for the Case

COUNSEL

Kipperman, Shawn, Keker & Brockett, Steven M. Kipperman, Friedman & Sloan, Stanley J. Friedman and Gary Garfinkle for Petitioners.

Victor Harris, David Schuricht, John Le Veck and Charles Wolfinger as Amici Curiae on behalf of Petitioners.

No appearance for Respondent.

David W. Lennihan, David J. Brown and Brobeck, Phleger & Harrison for Real Parties in Interest.

Severson, Werson, Berke & Melchior, James B. Werson, Dennis M. Talbott, Lawrence A. Hobel, Edgar B. Washburn, Mary Beth Uitti, Carol Sanger, Landels, Ripley & Diamond, Harry D. Miller, Miller, Starr & Regalia, McKenna & Fitting, Aaron M. Peck, Alan H. Holmberg, Edmond M. Connor and Mona D. Miller as Amici Curiae on behalf of Real Parties in Interest.


OPINION

MANUEL, J.

This petition for writ of mandate challenges the constitutionality of California's procedure for the nonjudicial foreclosure of deeds of trust on real property. Petitioners contend that this procedure permits the deprivation of the trustor's property without adequate notice or hearing in violation of the due process guarantees of the Fourteenth Amendment to the United...

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