Strike

Strike v. Trans-West Discount Corp.

Good Law
155 Cal. Rptr. 132·1979 Cal. App. LEXIS 1713·92 Cal. App. 3d 735
Court of Appeal of CaliforniaMay 3, 1979Civ. 16904California3,305 words

Opinion

Opinion

Staniforth, J.

Plaintiffs Clifford S. Strike and Marjorie Stanley Strike (Strikes) sought injunctive relief to prevent a nonjudicial foreclosure of a deed of trust by Trans-West Discount Corporation (Trans-West) on the Strikes’ Rancho Santa Fe residence. At the outset of these proceedings Strikes obtained a temporary restraining order preventing pendente lite a trustee’s sale of the property. After a three-day trial, the court made appropriate findings and denied Strikes the relief sought. Specifically, the trial court set aside the temporary restraining order but vacated the prior notice of default to allow Strikes further opportunity to repay the money owed; the court decreed Trans-West was entitled to nonjudicial foreclosure of its deed of trust with the right to credit bid the total amount owing by the Strikes. Strikes appeal this judgment.

Facts

We view the evidence before the trial court—as the law requires—in the light most favorable to the prevailing party, giving it the benefit of every reasonable inference and resolving any conflicts in support of the judgment (Crawford v. Southern Pacific Co., 3 Cal.2d 427, 429 [ 45 P.2d 183 ]; Hasson v. Ford Motor Co., 19 Cal.3d 530, 544 […

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