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BANK OF AMERICA v. LALLANA

No. S062489.

77 Cal.Rptr.2d 910 (1998)

960 P.2d 1133

19 Cal.4th 203

BANK OF AMERICA, Plaintiff, Cross-defendant and Respondent, v. Felisa V. LALLANA, Defendant, Cross-complainant and Appellant.

Supreme Court of California.

August 31, 1998.

Attorney(s) appearing for the Case

Andrew J. Ogilvie, Chimicles, Jacobsen & Tikellis, Kramer, Kaslow & Grannan, Kraslow, Grannan & Lipson and Patrick J. Grannan, Los Angeles, for Defendant, Cross-complainant and Appellant.

Lillick & Charles, Stephen Oroza, Walter T. Johnson and James S. Monroe, San Francisco, for Plaintiff, Cross-defendant and Respondent.

Steefel, Levitt & Weiss, Harvey L. Leiderman and Julie B. Landau, San Francisco, as Amici Curiae on behalf of Plaintiff, Cross-defendant and Respondent.

KENNARD, Justice.

Under California law, a secured creditor who sells the collateral after the debtor's default may be entitled to a judgment for the difference between the amount owed and the proceeds of the sale. To obtain such a deficiency judgment, however, the creditor must satisfy certain statutory requirements. For secured debts subject to its provisions, the Rees-Levering Motor Vehicle Sales and Finance Act (Civ.Code, § 2981 et seq.; hereafter the Rees...

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