TRIPLE A MANAGEMENT CO. v. FRISONE

Nos. F027349, F028879.

81 Cal.Rptr.2d 669 (1998)

69 Cal.App.4th 520

TRIPLE A MANAGEMENT COMPANY, INC., Plaintiff and Respondent, v. Larry F. FRISONE, as Cotrustee, etc., et al., Defendants and Appellants; Stewart Title of Modesto, Defendant, Cross-complainant and Appellant; Western Farm Credit Bank, Cross-complainant, Cross-defendant and Appellant. Larry F. Frisone, as Cotrustee, etc, et al., Plaintiffs and Appellants, v. Triple A Management Company, Inc., Defendant and Respondent; Western Farm Credit Bank, Defendant, Cross-complainant and Appellant; Stewart Title of Modesto, Cross-complainant, Cross-defendant and Respondent. Larry F. Frisone, as Cotrustee, etc., et al., Petitioners, The Superior Court of Fresno County, Respondent; Triple A Management Company, Inc., Real Party in Interest.

Court of Appeals of California, Fifth District.

January 25, 1999.


Attorney(s) appearing for the Case

Dietrich, Glasrud & Jones, Dietrich, Glasrud, Mallek & Aune and Bruce A. Owdom, Fresno, for Defendants and Appellants, for Plaintiffs and Appellants and for Petitioners Larry F. Frisone and Robert D. Frisone.

Alborg, Veiluva & Cannata, Thomas E. Alborg and Michael J. Veiluva, Walnut Creek, for Defendant, Cross-complainant and Appellant, for Cross-complainant, Cross-defendant and Respondent, and for Petitioner Stewart Title of Modesto.

Albert J. Berryman, Caswell, Bell, Hillison, Burnside & Greer, Robert K. Hillison and Robert A. Werth, Fresno, for Cross-complainant, Cross-defendant and Appellant and for Defendant, Cross-complainant and Appellant Western Farm Credit Bank.

Wild, Carter & Tipton and Steven E. Paganetti, Fresno, for Plaintiff and Respondent, for Defendant and Respondent and for Real Party in Interest Triple A Management Company, Inc.


Certified for Partial Publication.*

VARTABEDIAN, J.

OPINION

The assignee of a security interest in a deed of trust unilaterally signed an agreement subordinating the deed of trust to a subsequent deed of trust. Thereafter, the assignor paid its secured debt and the earlier deed of trust was reconveyed to it. When the trustor of the subsequent deed of trust defaulted, the...

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