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DEBERARD PROPERTIES, LTD. v. LIM

No. S070347.

85 Cal.Rptr.2d 292 (1999)

976 P.2d 843

20 Cal.4th 659

DeBERARD PROPERTIES, LTD., Plaintiff and Respondent, v. Bun Raymond LIM et al., Defendants and Appellants.

Supreme Court of California.

June 3, 1999.

Attorney(s) appearing for the Case

Douglas L. Walsh, Los Angeles; Robert K. Lee, Chatsworth; Law Offfices of Suzuki & Ito and Paul T. Suzuki, Los Angeles, for Defendants and Appellants.

Law Offices of Ralph M. Weiss, Ralph M. Weiss, Los Angeles, and Deborah L. Weiss for Plaintiff and Respondent.

MOSK, J.

We must decide whether, notwithstanding the protection against deficiency judgments conferred by Code of Civil Procedure section 580b (hereafter section 580b), a purchaser may waive, by contract term, that protection in exchange for new consideration following the original purchase money sale.1 There is a conflict in state law on this question, with Russell v. Roberts (1974) 39 Cal.App.3d 390

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