Simon v. Superior Court

4 Cal. App. 4th 63 (1992)

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Simon v. Superior Court

California Court of Appeal
4 Cal. App. 4th 63 (1992)

Facts

George Simon (defendant) took out a loan from Bank of America (bank) (plaintiff) in exchange for two promissory notes, the sum of whose face values equaled the amount of the loan. One note was senior to the other, and both were secured by deeds of trust on Simon’s home. Simon defaulted on the senior note, and the bank foreclosed on his house. The bank then sued Simon to recover the amount due on the junior note. Simon filed a motion for summary judgment, which the trial court denied. Simon appealed.

Rule of Law

Issue

Holding and Reasoning (Peterson, J.)

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