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SMITH v. JAMES A. MERRILL, INC.

Docket No. D027391.

64 Cal.App.4th 94 (1998)

WILLIAM SMITH et al., Plaintiffs and Appellants, v. JAMES A. MERRILL, INC., et al., Defendants and Respondents.

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

May 22, 1998.

Attorney(s) appearing for the Case

COUNSEL

Bruce M. Douthit for Plaintiffs and Appellants.

Karp & Richardson, N. James Richardson, Huffman & Kostas and James C. Kostas for Defendants and Respondents.

OPINION

HUFFMAN, J.

Plaintiffs William and Nancy Jo Smith and Ralph Wilkerson appeal from a summary judgment entered in favor of defendants James A. Merrill, Inc., James A. Merrill,1 Kenneth A. Kirkland, and Michael and Claudia Stoneff on plaintiffs' complaint for declaratory relief. In granting summary judgment, the trial court determined as a matter of law that the remaining proceeds of a trustee's sale...

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