Osuna

This action, based on promissory notes secured by deeds of trust, was brought by the trustee of an inter vivos trust against the trustors of the deeds of trust upon theories of waste, fraud and deceit, and negligent representation for permitting real property to be sold to the State of California for failure to pay real property taxes. Demurrers were sustained without leave to amend, an order of dismissal was filed, and appeal was taken from the dismissal.

Facts

In 1971 Andrew and Evelyn Zyara sold contiguous parcels of real property to respondents and took back promissory notes secured by purchase money deeds of trust. Andrew Zyara died in 1977 and Evelyn Zyara became the sole owner of the properties. On August 22, 1980, Evelyn assigned to appellant all of her rights in the promissory notes and deeds of trust. Shortly thereafter on September 30, 1980, but prior to commencement of the action, Evelyn also assigned to appellant all of her right, title and interest in the 21st cause of action for fraud and deceit, and the 22d cause of action for negligent misrepresentation.

The first 10 odd-numbered causes of action were based upon the promissory notes. Demurrers to these…