Darmiento

I. Introduction

Plaintiff, Homestead Savings, appeals from a summary judgment entered against it and in favor of defendant, Frank Darmiento (Darmiento). Plaintiff contends that the application of Civil Code section 2924 violated its due process rights under federal and state law because the section provides that a bona fide purchaser for value at a trustee’s sale conducted as part of a nonjudicial foreclosure under a trust deed is entitled to a conclusive presumption as to a trustee’s compliance with statutory notice requirements. We conclude that plaintiff’s due process rights have not been violated and affirm the judgment.

II. Procedural History

Plaintiff filed the original complaint on March 17, 1987, against defendants A.T.& M. Security Company (ATM), Robert B. White, Andrew Williams and Darmiento. The complaint sought to set aside the nonjudicial foreclosure sale, a judicial foreclosure of the property, declaratory relief and damages. Darmiento moved for summary judgment on the grounds that, as a bona fide purchaser for value, he was entitled to the conclusive presumption in section 2924. In its separate statement, plaintiff conceded that Darmiento was a bona fide…