Schumacher

This appeal is from a judgment for Betty Schumacher upon her complaint filed April 8, 1968 (amended thereafter on October 28, 1968), wherein she sought damages due by reason of waste, for declaratory relief, for mental suffering and for fraud arising from the sale by her to *996 defendants Alvin Van Loan Gaines and Aileen Wilson Gaines of a ranch in Shasta County, California.

Defendants appeal from the judgment entered on a jury verdict finding them liable for waste ($10,000), breach of contract ($37,208), and punitive damages ($12,500); and from the judgment on appellants’ cross-complaint whereby the jury awarded appellants only the sum of $3,060 for overpayment of interest.

Defendants purchased the real property and certain personal property thereon for the sum of $285,000 in November 1966, the terms of sale being a down payment of $45,000, the balance in the sum of $240,000 secured by a note and deed of trust payable over a 10-year period, with interest at 6 percent per annum, with an initial sum of $40,000 interest free, payable at the end of the first year.

The ranch, covering approximately 840 acres, had been used primarily as a summer cattle grazing ranch. A…

I dissent. The majority opinion is an open invitation under the situation existing in this case to any defaulting “equitable” owner (herein for convenience described as the “mortgagor”)—and particularly to this one—before moving out to lay waste to the real property which stands as security for the debt. That is not justice; it is not the law; it was not the intent of the Legislature when Code of Civil Procedure sections 580a and 580b were enacted in their present form.

Those sections embrace a complete legislative scheme of foreclosure for defaulted debts. Section 580a covers foreclosure of real property where there is no purchase money mortgage or trust deed and where, therefore, a deficiency judgment can or may be sought. Section 580b covers foreclosure sales where a purchase money deed of trust or mortgage is involved. When a foreclosure sale of the first type is involved, section 580a prevents the “mortgage”-debtor from being gouged by exacting from the beneficiary (cestui que trust) or mortgagee (I will, for convenience, refer to him hereinafter by the latter term) the duty, before any deficiency judgment can be sought, to have the court appoint one of the inheritance tax…

This appeal is from a judgment for Betty Schumacher upon her complaint filed April 8, 1968 (amended thereafter on October 28, 1968), wherein she sought damages due by reason of waste, for declaratory relief, for mental suffering and for fraud arising from the sale by her to defendants Alvin Van Loan Gaines and Aileen Wilson Gaines of a ranch in Shasta County, California.

Defendants appeal from the judgment entered on a jury verdict finding them liable for waste ($10,000), breach of contract ($37,208), and punitive damages ($12,500); and from the judgment on appellants' cross-complaint whereby the jury awarded appellants only the sum of $3,060 for overpayment of interest.

Defendants purchased the real property and certain personal property thereon for the sum of $285,000 in November 1966, the terms of sale being a down payment of $45,000, the balance in the sum of $240,000 secured by a note and deed of trust payable over a 10-year period, with interest at 6 percent per annum, with an initial sum of $40,000 interest free, payable at the end of the first year.

The ranch, covering approximately 840 acres, had been used primarily as a summer cattle grazing ranch.…