Dorries

Respondent, Bank of Sonoma County (Bank), sued appellant Norman Dorries for the balance due on a purchase money security agreement. The trial court granted the Bank’s motion for summary judgment. Appellant filed a timely notice of appeal.

Statement of Facts

On November 18, 1980, appellant purchased a mobilehome pursuant to a security agreement. The security agreement was subsequently assigned to respondent Bank. The agreement called for installment payments, secured by the mobilehome. The agreement provided that in the event of a default by appellant, the Bank could either obtain a judgment for the balance owed, or repossess and sell the mobilehome.

When appellant stopped making the payments as they became due, the Bank sued appellant for the balance owing; $32,560.57. Based upon the absence of any effort by the Bank to foreclose on the security, appellant raised as an affirmative defense the mobilehome antideficiency statute, section 2983.8 of the California Civil Code.

The trial court rejected appellant’s defense, and granted the Bank’s motion for summary judgment.

Discussion

The sole issue which faces this court in the present case is this; Does the…