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SMITH v. JAMES A. MERRILL, INC.

No. D027391.

75 Cal.Rptr.2d 108 (1998)

64 Cal.App.4th 94

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

Bruce M. Douthit, San Diego, for Plaintiffs and Appellants.

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

HUFFMAN, Associate Justice.

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 of real property owned...

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