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UNG v. KOEHLER

No. A109532.

37 Cal.Rptr.3d 311 (2005)

135 Cal.App.4th 186

Mui UNG, Plaintiff and Respondent, v. Henry KOEHLER, Defendant and Appellant.

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

December 28, 2005.

Attorney(s) appearing for the Case

Law Offices of Daniel P. McLoughlin, Daniel P. McLoughlin, Berkeley; Law Offices of Andrea Adam Brott, Andrea Adam Brott, San Francisco, for Defendant and Appellant Henry Koehler.

Kirby & McGuinn, Martin T. McGuinn, San Diego, for Amicus Curiae United Trustees Association on behalf of Appellant.

McInerney & Dillon, Alexander Bannon, Oakland, for Plaintiff and Respondent Mui Ung.

MARGULIES, J.

I. INTRODUCTION

Plaintiff Mui Ung gave a promissory note, secured by a deed of trust on real property, to defendant Henry Koehler. Some 11 years after the note became due, defendant, claiming nonpayment, recorded a notice of default against the property in anticipation of a nonjudicial foreclosure sale. Plaintiff filed this action to enjoin the sale, contending that the statutory time limit for exercising the power of sale in the deed of trust...

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