Witchell

This is an appeal by the plaintiff Mary Kay Witchell (hereinafter plaintiff) from an order directing the entry of summary judgment against her on her complaint and in favor of the defendants Johannes H. De Korne and Francisca De Korne (hereinafter the De Kornes).

Factual Background

Plaintiff commenced this action on June 28, 1979, and sought damages, and injunctive and other affirmative relief not only from the De Kornes but also from the other named defendants, Pete J. Van Beek and Johannes E. Van Beek (hereinafter the Van Beeks) and Malibu Mortgage Co. (hereinafter MMC). Plaintiff’s claim arises from a real estate transaction which closed on February 25, 1977, in which plaintiff purchased an unimproved parcel of land located in Malibu from the Van Beeks. The terms of the sale called for a $12,000 down payment by plaintiff with the balance of $48,000, evidenced by a promissory note. According to the terms of the promissory note, secured by a first trust deed on the purchased property, it bore interest at the rate of 8 percent per annum and was payable over five years with monthly payments of $480 or more, two incremental payments of $3,000 each on the first and second…