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DIMOCK v. EMERALD PROPERTIES

No. D032454.

97 Cal.Rptr.2d 255 (2000)

81 Cal.App.4th 868

Anthony E. DIMOCK, Plaintiff and Appellant, v. EMERALD PROPERTIES LLC et al., Defendants and Respondents.

Court of Appeals of California, Fourth District, Division One.

June 21, 2000.

Attorney(s) appearing for the Case

Philip H. Dyson, La Mesa, for Plaintiff and Appellant.

Cameron & Dreyfuss and Lawrence J. Dreyfuss, for Defendants and Respondents T.D. Service Company and Commonwealth Trust Deed Services, Inc.

Roup & Loomis, Ronald D. Roup, Lake Forest, and Joan C. Spaeder-Younkin, for Defendants and Respondents Lawrence Baber, Cecilia Baber, Robert Shawcroft and April Shawcroft.

Kimball, Tirey & St. John and Mark A. Brody, San Diego, for Defendant and Respondent Emerald Properties LLC.

Suppa, Trucchi & Lee, Jerry Michael Suppa, San Diego, and Marjan Mortazavi, for Defendants and Respondents Temple Inland Mortgage Corporation, Calmco Trustee Services and Bankers Trust Company.

BENKE, Acting P.J.

By statute the Legislature has permitted the beneficiary of a deed of trust to substitute, at anytime, a new trustee for the existing trustee. Under the governing statute the substitution is made by simply recording a document evidencing the substitution. (Civ.Code,1 § 2934a, subd. (a).) By its terms the statute provides that after such a substitution has been recorded...

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