Sutfin

Defendants Harold H. Sutfin and Betty M. Sutfin appeal from a summary judgment awarding plaintiff California Livestock Production Credit Association possession of defendants’ ranch. Plaintiff obtained title to defendants’ ranch at a foreclosure sale on its deed of trust and brought the instant action to recover possession of the premises. The trial court rejected defendants’ affirmative defenses that the foreclosure salé was conducted without proper notice to defendants and that plaintiff engaged in a retaliatory eviction.

On appeal defendants contend: (1) Civil Code section 2924g, subdivision (c)(1) required that written notice of sale pursuant to Civil Code section 2924f be given, because the sale had been postponed three times; (2) plaintiff had an implied duty to notify defendants of the date of the sale; and (3) the defense of retaliatory eviction is applicable to foreclosure-related evictions. We affirm.

Factual and Procedural Background

Defendants have engaged in rice production and cattle raising at their home ranch in Olivehurst since the 1950’s. In 1976 defendants executed deeds of trust in favor of plaintiff as part of a plan to refinance their ranching…