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PWS, INC. v. BAN

Docket No. B037580.

234 Cal.App.3d 223 (1991)

285 Cal. Rptr. 598

PWS, INC., Plaintiff, Cross-defendant and Appellant, v. JOHN BAN et al., Defendants, Cross-complainants and Appellants.

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

September 20, 1991.

Attorney(s) appearing for the Case

COUNSEL

Maynard J. Klein for Plaintiff, Cross-defendant and Appellant.

Kim & Bang and Steven C. Kim for Defendants, Cross-complainants and Appellants.

OPINION

JOHNSON, J.

The appeal by PWS, Inc., raises a question of first impression. Where a creditor purchases the collateral after the debtor's default does the creditor's failure to comply with the notice requirement of California Uniform Commercial Code section 9504 preclude its recovery of a deficiency judgment if the creditor, upon realizing its mistake, conducts a new sale after giving proper notice? We conclude in the absence...

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