Dunham

Plaintiff Lassar & Gross International Inc., appellant, appeals from a judgment entered in favor of defendants, Richard G. Dun-ham et al., respondents, following the granting of respondents’ motion for summary judgment. The complaint alleged fraud and misrepresentations involving the execution and sale of second deeds of trust. The court granted the summary judgment in favor of respondents relying solely on First Fed. Sav. & Loan Ass'n of Phoenix v. Lehman (1984) 159 Cal.App.3d 537 [ 205 Cal.Rptr. 600 ], which held that California’s antideficiency statutes (Code Civ. Proc., §§ 580b, 580d and 726) barred an action for fraud where the property was sold pursuant to a nonjudicial foreclosure sale. We find that the court improperly relied on Lehman under the facts of this case and reverse.

Appellant alleged in its complaint a fraudulent scheme summarized as follows: During the year 1981 Jansvu Properties, Inc. (Jansvu) had for sale certain condominium units in the City of La Mirada. Rick Annigoni (Annigoni), president and principal of Jansvu, entered into a conspiracy with Richard G. Dunham (Dunham), a real estate broker, to sell the condominium units. The sales price of each…