Abdallah

Abdallah v. United Savings Bank

Caution
1996 Cal. App. LEXIS 260·43 Cal. App. 4th 1101·51 Cal. Rptr. 2d 286·96 Daily Journal DAR 3323·96 Cal. Daily Op. Serv. 1976
Court of Appeal of CaliforniaFebruary 22, 1996A067126California3,714 words

Opinion

Opinion

Hanlon, J.

Appellants Fred Abdallah, Soloman Abdallah and Alice Ovadia appeal from judgments of dismissal in favor of respondents United Savings Bank, Sharon Keane and Standard Trust Deed Service after respondents’ demurrers to appellants’ complaint were sustained without leave to amend, and from postjudgment orders requiring appellants to pay respondents’ attorney fees. We affirm the judgments and the fee orders.

I. Factual and Procedural Background

On August 19, 1980, appellants Soloman Abdallah and Alice Ovadia, and Ms. Ovadia’s late husband, Abraham Ovadia, executed a promissory note in favor of United for $79,650, secured by a deed of trust on their property at 101 Wool Street in San Francisco. In 1989, after defaulting on the note, the Ovadias commenced three bankruptcy cases which forestalled foreclosure under the deed of trust. The first two cases were dismissed for failure to file plans and other documents required by the Bankruptcy Code. In December 1989, shortly after Ms. Ovadia filed a third bankruptcy petition that affected the property, United moved for relief from the automatic stay to proceed with the foreclosure.

The motion was supported by the declaration of…

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