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OLIVER v. BLEDSOE

Docket No. A052393.

5 Cal.App.4th 998 (1992)

7 Cal. Rptr.2d 382

MATTHEW A. OLIVER, Plaintiff and Respondent, v. JAMES F. BLEDSOE et al., Defendants; BURLINGAME BANK & TRUST CO., Third Party Claimant and Appellant.

Court of Appeals of California, First District, Division Three.

April 24, 1992.

Attorney(s) appearing for the Case

COUNSEL

Carr, McClellan, Ingersoll, Thompson & Horn and David M. McKim for Third Party Claimant and Appellant.

Buchalter, Nemer, Fields & Younger, Stephen H. Pettigrew, Breck E. Milde and Daniel G. Herns for Plaintiff and Respondent.

No appearance for Defendants.

OPINION

WERDEGAR, J.

Burlingame Bank & Trust Co. (Bank) appeals from an adverse judgment after hearing on its third party claim to a promissory note and deed of trust. (Code Civ. Proc., § 720.110 et seq.) In determining the appeal, we consider the interaction between section 9505, subdivision (2) of the California Uniform Commercial Code, which permits a secured creditor to foreclose on an item of collateral without sale...

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