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DREYFUSS v. UNION BANK OF CALIFORNIA

No. B119114.

87 Cal.Rptr.2d 580 (1999)

Gilbert DREYFUSS et al., Plaintiffs and Appellants, v. UNION BANK OF CALIFORNIA, Defendant and Respondent.

Court of Appeals of California, Second District, Division Five.

Rehearing Denied August 30, 1999.

Review Granted November 10, 1999.

Attorney(s) appearing for the Case

Wendel, Rosen, Black & Dean, Charles A. Hansen, Thiele R. Dunaway, Oakland; Overton, Lyman & Prince and Gerald R. Whitt, Los Angeles, for Plaintiffs and Appellants.

Pillsbury Madison & Sutro, Michael J. Finnegan, David S. Rauch, Los Angeles, and Christopher J. Chaudoir, for Defendant and Respondent.

TURNER, P.J.

I. INTRODUCTION

The question presented is whether a lender holding multiple deeds of trust as security for a loan can nonjudicially foreclose on each parcel in succession by credit bid without crediting the debtor with the fair market value of each such property. The trial court concluded the law did not provide for a fair market value credit in those circumstances. It entered a summary judgment in favor of Union Bank of California (defendant...

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