Knapp v. Doherty
California Court of Appeal
123 Cal. App. 4th 76 (2004)
- Written by Daniel Clark, JD
Facts
Johnn Knapp and Margaret Knapp (plaintiffs) took out a loan secured by a deed of trust on a piece of real property that they owned. The Knapps defaulted on the loan, and the trustee on the deed of trust recorded a notice of default on September 5. On November 28, the trustee served on the Knapps a notice of sale to foreclose upon the property, with the sale to take place on December 27. The Knapps filed for bankruptcy, which caused the foreclosure sale to be postponed 13 times. Almost a year later, a foreclosure sale was completed to John Doherty (defendant). The Knapps sued to set aside the foreclosure sale, arguing that the trustee on the deed of trust served the notice of sale on the Knapps prematurely. The trial court ruled in favor of Doherty, and the Knapps appealed.
Rule of Law
Issue
Holding and Reasoning (Walsh, J.)
What to do next…
Here's why 899,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 47,000 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
