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DMC, INC. v. DOWNEY SAV. AND LOAN ASS'N

No. E030072.

120 Cal.Rptr.2d 761 (2002)

99 Cal.App.4th 190

DMC, INC., Plaintiff and Appellant, v. DOWNEY SAVINGS AND LOAN ASSOCIATION, Defendant and Respondent.

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

June 10, 2002.

Attorney(s) appearing for the Case

Law Offices of Michael G. York and Michael G. York, Newport Beach, for Plaintiff and Appellant.

Miller, Starr & Regalia and Michael J. Hassen, Walnut Creek, for Defendant and Respondent.

OPINION

GAUT, J.

1. Introduction

Plaintiff DMC, Inc. (DMC) filed an action for judicial foreclosure and declaratory relief to determine whether its deed of trust had priority over defendant Downey Savings and Loan Association's (Downey's) deed of trust. After finding that Downey's purchase-money deed of trust was senior to DMC's lien, the court granted Downey's motion for summary adjudication and entered judgment accordingly.

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