Roffinella

Cross-defendants George Sherinian, Angelo Canepa, Joseph Anzalone, Dominick Anzalone, and SAC Properties (SAC), a part nership (appellants) appeal from a judgment awarding cross-complainants John P. Roffinella and Nancy J. Roffinella (respondents) over $360,000 on their cross-complaint for money due on a promissory note. The court, sitting without a jury, found appellants personally liable for a deficiency caused when a senior lienholder foreclosed on the property which appellants had purchased from respondents. Appellants argue that as a matter of law they are protected against personal liability by Code of Civil Procedure section 580b and that the trial court erred in applying the exception to the antideficiency provisions of section 580b announced in Spangler v. Memel (1972) 7 Cal.3d 603 [ 102 Cal.Rptr. 807 , 498 P.2d 1055 ], They also appeal from certain portions of the award, including the award of attorney’s fees. We conclude that the facts of this case bring it within the Spangler exception and affirm the judgment.

I. Background

Respondents owned real property, consisting of residential and commercial rental units, near downtown Santa Cruz. An attempt at…