Lupertino

Plaintiffs appeal from a superior court order a temporary restraining order issued on April 10, 1972, and after hearing, an order denying a preliminary injunction to prevent a foreclosure sale of real property.

Two contentions are urged on appeal.

1. Defendants’ fraud or mistake denied plaintiffs their right to notice of default.

2. Defendants are estopped to assert that a notice of default was mailed to plaintiffs as required by section 2924b of the Civil Code.

We conclude under the particular facts of this case that plaintiffs’ second contention is meritorious and will therefore reverse and remand.

Facts

On September 28, 1967, the plaintiffs, Phillip and Pauline Lupertino, purchased certain real property located in Yolo County from the defend ants John and Alice Carbahal for a total purchase price of $150,000. A down payment of $43,500 was paid by the plaintiffs, with the balance evidenced by a promissory note in the sum of $106,500, payable in annual installments of $12,500 each November 1st beginning in 1968 until paid. The annual payments included interest of 6 percent per annum on the unpaid balance. The note was secured by a first deed of trust on the subject…