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BARDASIAN v. SUPERIOR COURT

No. C068488.

201 Cal.App.4th 1371 (2011)

134 Cal. Rptr. 3d 398

BRENDA BARDASIAN et al., Petitioners, v. THE SUPERIOR COURT OF SACRAMENTO COUNTY, Respondent; SANTA CLARA PARTNER'S MORTGAGE CORPORATION et al., Real Parties in Interest.

Court of Appeals of California, Third District.

December 15, 2011.

Attorney(s) appearing for the Case

United Law Center, John S. Sargetis and Stephen J. Foondos for Petitioners.

No appearance for Respondent.

AlvaradoSmith, S. Christopher Yoo and Lashon Harris for Real Party in Interest JP Morgan Chase Bank, N.A.

McCarthy & Holthus, Matthew Podmenik , Melissa Robbins Coutts and Andrew Hall for Real Party in Interest Marix Servicing, LLC.

OPINION

ROBIE, J.—

Before a notice of default may be filed, a lender must contact the borrower in person or by phone to assess the borrower's financial situation and explore options to prevent foreclosure. (Civ. Code, § 2923.5, subd. (a) (hereafter section 2923.5).) Here, petitioners Brenda Bardasian (Brenda) and Matt Bardasian moved for a preliminary injunction to enjoin the trustee's sale of their house because the lender had not...

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