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BRUNZELL CONSTRUCTION CO., INC. v. SMITH

Docket No. B026133.

200 Cal.App.3d 617 (1988)

246 Cal. Rptr. 182

BRUNZELL CONSTRUCTION COMPANY, INC., OF NEVADA, Plaintiff and Respondent, v. KEITH SMITH, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

April 21, 1988.

Attorney(s) appearing for the Case

COUNSEL

Richard E. Hodge and Gary G. Kuist for Defendant and Appellant.

Price, Postel & Parma, John Kerr Wilson and Dana M. Sabraw for Plaintiff and Respondent.

OPINION

GILBERT, J.

Defendant Keith Smith appeals a judgment and an order denying his motion to vacate renewal of a January 30, 1970, judgment against him. (Code Civ. Proc., § 683.170, subd. (a).) We affirm and hold that California Uniform Commercial Code1 sections 9504 and 9505 do not apply where the creditor does not take possession of the collateral or where the debtor consents to a deficiency...

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