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PACIFIC VALLEY BANK v. SCHWENKE

Docket No. H000602.

189 Cal.App.3d 134 (1987)

234 Cal. Rptr. 298

PACIFIC VALLEY BANK, Plaintiff and Respondent, v. ROBERT W. SCHWENKE et al., Defendant and Appellants.

Court of Appeals of California, Sixth District.

February 6, 1987.

Attorney(s) appearing for the Case

COUNSEL

Robert J. Williams and Helen E. Williams for Defendants and Appellants.

Stanley W.W. Kesselman, Leland A. Wahl and Frandzel & Share for Plaintiff and Respondent.

OPINION

BRAUER, J.

This appeal presents a novel question in the field of mortgage and trust deed law: Is the co-maker of a promissory note entitled to enforce the provisions of Code of Civil Procedure section 726 (the so-called "one-action rule") even though he is not a party to the deed of trust securing the debt? We decide that he is so entitled.

STATEMENT OF FACTS

There is no dispute about the facts which follow...

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