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)

  • Written by Daniel Clark, JD

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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Casebooks

Real Estate Transactions

Key Terms

  • Fourteenth Amendment Due Process ClauseThe provision set forth at Amendment XIV, Section 1 of the United States Constitution prohibiting states from depriving any person of life, liberty, or property by means that are arbitrary or fundamentally unfair.
  • Nonjudicial ForeclosureForeclosure that takes place without the intervention of a court, usually pursuant to a deed of trust in which the debtor transfers title to a trustee who, in the event the debtor defaults, may sell the property for the creditor’s benefit.
  • Writ of MandateIn California, may be granted by a court as an order to an inferior tribunal, corporation, board, or person, public or private, to do or not do certain things. To be distinguished from a writ of mandamus, which in California is used to review certain decisions by administrative agencies after adjudicatory hearings.
  • Due ProcessA constitutional guarantee that a law shall not be unreasonable, arbitrary, or capricious and that individuals will be given notice of legal proceedings conducted fairly with an opportunity for an individual to be heard before the government may impose sanctions on one’s life, liberty, or property.

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