Title Insurance & Trust Co. v. Kinkel

TITLE INSURANCE AND TRUST COMPANY (a Corporation), Respondent, v. A. R. KINKEL et al., Appellants.

COUNSEL

Frank P. Doherty and William R. Gallagher for Appellants.

Bob Wheeler for Respondent.

OPINION

Crail, J.

The questions raised on this appeal are these: [1] Does section 580a of the Code of Civil Procedure, relating to the appointment of appraisers in actions for a deficiency judgment, apply (1) to a trust deed executed prior to its effective date, (2) to a power of sale therein contained and [7 Cal. App. 2d 624] exercised prior to its effective date, and (3) to an action for a deficiency judgment thereunder instituted prior to its effective date?

The reasoning in Bennett v. Superior Court, 5 Cal. App. 2d 13 [42 PaCal.2d 80], leads inevitably to a negative answer to all of these questions.

Judgment affirmed.

Stephens, P. J., concurred.