Lopez

The issue at bar concerns the validity of a trustee’s sale under a power of sale contained in a deed of trust. Originally plaintiff Lopez alone sought to restrain such sale. When a demurrer to his complaint was sustained with leave to amend, Lopez filed an amended and supplementary complaint seeking to set aside the trustee’s sale conducted during the interim; joining as plaintiffs were the Bautistas who sought an order permitting them to intervene. A demurrer to this amended pleading was likewise sustained with leave to amend; the Bautistas’ motion to intervene was denied. A third and supplementary complaint, joining the Bautistas as plaintiffs (despite the denial of their previous motion), was thereupon filed; a demurrer thereto was sustained without leave to amend, and permission to intervene was again denied the Bautistas. The appeal is from the judgment dismissing the action.

Since we are called upon to decide whether the facts alleged afforded any legal ground upon which to hold the trustee’s sale invalid, such facts will be stated largely in the language of the complaint as last amended. On November 20, 1956, the Bautistas entered into a written agreement with defendants…