Cote

The trial court issued a permanent injunction against defendants’ foreclosing a deed of trust encumbering a leasehold estate on account of a transaction claimed by defendants to trigger the “due on” clause contained in the deed of trust. Defendants appeal (Code Civ. Proc., § 904.1, subd. (f)) and will hereafter be referred to as the appellants.

Based on formal findings of fact and conclusions of law made by the trial court, plaintiffs, hereafter referred to as the respondents, advance three bases for upholding the injunction: (1) the notice of default was both premature and invalid under Civil Code section 2924; (2) the transaction complained of did not constitute an event triggering the “due on” clause; (3) exercise of the “due on” clause would constitute an unreasonable, and therefore invalid, restraint on alienation under Civil Code section 711 and the decision of the California Supreme Court in Wellenkamp v. Bank of America (1978) 21 Cal.3d 943 [ 148 Cal.Rptr. 379 , 582 P.2d 970 ].

We are persuaded that respondents’ first contention is both meritorious and dispositive. Accordingly, the judgment will be affirmed. It is unnecessary and would be inappropriate for us to…