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BANK OF AMERICA v. DAILY

Docket No. 24459.

152 Cal.App.3d 767 (1984)

199 Cal. Rptr. 557

BANK OF AMERICA, Plaintiff and Respondent, v. RICHARD A. DAILY, as Administrator, etc., et al., Defendants and Appellants.

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

March 2, 1984.

Attorney(s) appearing for the Case

COUNSEL

Richard A. Daily, in pro. per., for Defendants and Appellants.

George W. Coombe, Jr., Ullar Vitsut, Thomas R. Cory, Louis J. Bachleder and Harris B. Taylor for Plaintiff and Respondent.

OPINION

WIENER, J.

We address another facet of the one-form-of-action rule of Code of Civil Procedure section 726.1 That section provides in part: "(a) There can be but one form of action for the recovery of any debt for the enforcement of any right secured by mortgage [or deed of trust2] upon real property, which action must be in accordance with the provisions of this

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