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CERRITOS VALLEY BANK v. STIRLING

No. B133888.

97 Cal.Rptr.2d 432 (2000)

81 Cal.App.4th 1108

CERRITOS VALLEY BANK, Plaintiff and Appellant, v. Charles F. STIRLING, Defendant and Respondent.

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

Review Denied September 13, 2000.

Attorney(s) appearing for the Case

Cohen, Eagan, Leonard & Parker and Arthur Jarvis Cohen, Fullerton, for Plaintiff and Appellant.

Tuttle & Taylor, Michael H. Bierman, Sam S. Oh, and Julie M. Ruhlin, Los Angeles, for Defendant and Respondent.

CHARLES S. VOGEL, P.J.

INTRODUCTION

This is an action upon a guaranty. The guarantor moved for summary judgment on the basis that the secured creditor's failure to give him postdefault notice of the sale of the collateral barred its claim for a deficiency judgment. Based upon statutory and decisional law, the trial court found that the guarantor's predefault waiver of the requirement of notice was void as...

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