Powell

Powell v. Alber

Good Law
1967 Cal. App. LEXIS 2129·250 Cal. App. 2d 485·58 Cal. Rptr. 657
Court of Appeal of CaliforniaApril 27, 1967Civ. 30302California1,439 words

Opinion

Opinion

Herndon, J.

Plaintiff appeals from the judgment of dismissal entered after defendants’ demurrer to her fourth amended complaint had been sustained without leave to amend. At the hearing on this demurrer counsel for plaintiff indicated that there were no additional facts that he desired to plead.

Both parties agree that the sole question presented by this appeal is whether or not the trial court properly determined that the provisions of section 580b of the Code of Civil Procedure precluded plaintiff from recovering the deficiency judgment sought by her in this action. We hold that the trial court decided this determinative issue of law correctly.

Plaintiff is the successor in interest of Robert and Maurine Holcomb who entered into a land purchase contract with Star Valley Ranch, a corporation, in 1958. On December 29, 1960, following extensive negotiations and the signing of complex escrow instructions and supplemental agreements in clarification thereof, the Holcombs assigned their interest as purchasers under this existing land contract to respondents. In connection with their purchase of the interest of the Holcombs in said contract, respondents executed a document captioned “Agreement…

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