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BLACK SKY CAPITAL, LLC v. COBB

No. S243294.

7 Cal.5th 156 (2019)

BLACK SKY CAPITAL, LLC, Plaintiff and Appellant, v. MICHAEL A. COBB et al., Defendants and Respondents.

Supreme Court of California.

May 6, 2019.

Attorney(s) appearing for the Case

Law Offices of Ronald Richards & Associates, Ronald N. Richards ; Wilson, Elser, Moskowitz, Edelman & Dicker, Robert Cooper ; Law Offices of Geoffrey Long and Geoffrey S. Long for Plaintiff and Appellant.

Horvitz & Levy, Jeremy B. Rosen and Eric S. Boorstin for D-Day Capital, LLC, as Amicus Curiae on behalf of Plaintiff and Appellant.

Levitt Law, Scott L. Levitt ; Lex Opus, Schiffer & Buus, Eric M. Schiffer and William L. Buus for Defendants and Respondents.

Arthur D. Levy and Noah Zinner for Housing and Economic Rights Advocates as Amicus Curiae on behalf of Defendants and Respondents.

OPINION

Under California law, a creditor can recover a debt secured by a deed of trust on real property through a nonjudicial foreclosure action to sell the property at a public auction. Code of Civil Procedure section 580d provides that a creditor cannot collect a deficiency judgment—that is, the difference between...

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