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MARTINEZ v. BANK OF AMERICA

No. B116311.

98 Cal.Rptr.2d 576 (2000)

82 Cal.App.4th 883

Ruben MARTINEZ et al. Plaintiffs and Appellants, v. BANK OF AMERICA NATIONAL TRUST & SAVINGS ASSOCIATION, Defendant and Respondent.

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

August 1, 2000.

Attorney(s) appearing for the Case

Guzin & Steier and Lawrence N. Guzin, Los Angeles, for Plaintiffs and Appellants.

Haight, Brown & Bonesteel, Kevin R. Crisp, Thomas N. Charchut and Maureen Haight Gee, Santa Monica, for Defendant and Respondent.

Certified for Partial Publication.*

KITCHING, J.

I.

INTRODUCTION

This appeal presents the issue whether a bank, which acquires real property through foreclosure but which does not have possession or control of the property, has a duty to inspect the property and remedy its defects. We conclude that the bank has a duty to inspect and remedy defects on the property only if it has actual knowledge of the defects...

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