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Garfinkle v. Superior Court

21 Cal. 3d 268, 578 P.2d 945 (1978)

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Garfinkle v. Superior Court

California Supreme Court
21 Cal. 3d 268, 578 P.2d 945 (1978)

Facts

The laws of the state of California allowed the holder of a deed of trust to hold a nonjudicial foreclosure sale of the property securing the deed if the trustor defaulted. A creditor had this right to hold a nonjudicial foreclosure sale only if the deed of trust the creditor held provided for it. The California legislature enacted statutes comprising a comprehensive regulatory regime concerning deeds of trust and the remedies available for their enforcement, including nonjudicial foreclosure sales. Susan Garfinkle and a group of petitioners (plaintiffs) filed a writ of mandate seeking a judgment that nonjudicial foreclosure sales under deeds of trust on real property violated the constitutions of both the United States and California.

Rule of Law

Issue

Holding and Reasoning (Manuel, J.)

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