ANDERSON v. HEART FEDERAL SAV. & LOAN ASSN.

Docket No. C000232.

208 Cal.App.3d 202 (1989)

256 Cal. Rptr. 180

KENNETH R. ANDERSON, Plaintiff and Appellant, v. HEART FEDERAL SAVINGS AND LOAN ASSOCIATION et al., Defendants and Respondents.

Court of Appeals of California, Third District.

February 28, 1989.


Attorney(s) appearing for the Case

COUNSEL

Todd A. Murray, James M. Davis, Marla J. Winterberger Jeffrey H. Graybill and Hefner, Stark & Marois for Plaintiff and Appellant.

Aaron M. Peck, Martin H. Kresse, Barbara Cray, McKenna, Conner & Cuneo, Russell P. Baldo, Chamberlain, Chamberlain & Baldo, Edmund L. Regalia, Gary E. Rosenberg, Kristine L. Cardall, Miller, Starr & Regalia, Philip M. Adleson, Hess, Christiansen & Kelly, Walter E. Stockman, Ralph T. Ferguson and Martorana & Stockman for Defendants and Appellants.


[Opinion certified for partial publication.*]

OPINION

BLEASE, J.

In the published portion of this opinion1 we hold that the exercise of a power of sale in a deed of trust may not be predicated upon breaches in the payment of secured obligations which are listed in the notice of default as conditioned by "if any." These contingent assertions fail to state that a default...

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