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BMP PROPERTY DEVELOPMENT v. MELVIN

Docket No. D005675.

198 Cal.App.3d 526 (1988)

243 Cal. Rptr. 715

BMP PROPERTY DEVELOPMENT, Plaintiff and Appellant, v. ROY S. MELVIN et al., Defendants and Respondents.

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

January 15, 1988.

Attorney(s) appearing for the Case

COUNSEL

Roseman & Mann and Jack I. Mann for Plaintiff and Appellant.

John W. Brewer, Chopak & Glatthorn and William I. Chopak for Defendants and Respondents.

OPINION

TODD, J.

(1a) BMP Properties (BMP) claims the trial court erred in concluding loans it made as part of a real estate trade were purchase money obligations, thus preventing BMP from seeking a deficiency judgment under Code of Civil Procedure1 section 580b. BMP asserts the court, in so concluding, improperly relied upon two facts. First, because some of the funds advanced were not used...

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