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BIANCALANA v. T.D. SERVICE CO.

No. S198562.

56 Cal.4th 807 (2013)

156 Cal. Rptr. 3d 437

300 P.3d 518

DAVID BIANCALANA, Plaintiff and Appellant, v. T.D. SERVICE COMPANY, Defendant and Respondent.

Supreme Court of California.

May 16, 2013.

Attorney(s) appearing for the Case

Dawson, Passafuime, Bowden & Martinez and Kathleen Morgan-Martinez for Plaintiff and Appellant.

Flynn/Williams and Brian C. Pedersen for P&K Property, LLC as Amicus Curiae on behalf of Plaintiff and Appellant.

The Dreyfuss Firm and Lawrence J. Dreyfuss for Defendant and Respondent.

Kirby & McGuinn, Martin T. McGuinn and Dean T. Kirby, Jr. , for United Trustees Association as Amicus Curiae on behalf of Defendant and Respondent.

OPINION

LIU, J. —

We granted review to decide whether a trustee may declare void a nonjudicial foreclosure sale of real property when, before the trustee delivers a deed to the highest bidder, the trustee discovers it had mistakenly communicated to the auctioneer an incorrect opening bid by the lender that was less than 10 percent of the actual amount of the bid. As explained below, we conclude...

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