Conley

Appellants appeal from summary judgment granted in favor of respondents for the balance due on a promissory note secured by a second trust deed on two apartment buildings owned by appellants. The principal issues on appeal are whether respondents’ action is barred by the antideficiency provisions of Code of Civil Procedure section 580b prohibiting deficiency judgments on purchase money notes and whether triable issues of fact exist regarding appellants’ affirmative defense of misrepresentation.

Statement of Facts and Procedural History

In the summer of 1987, appellants Robert C. Matthes, Martha E. Matthes, Edward D. Solomon and Roberta Solomon (collectively Matthes) made an offer to purchase two 12-unit apartment buildings located in Long Beach from respondents Donald W. Conley and Cynthia W. Conley (collectively Conley). Both properties were then under construction. Matthes contends they were initially only interested in the apartment building located at 1748 E. First Street in Long Beach (the First Street Property), but Donald Conley advised Matthes he would only sell the First Street Property in conjunction with another 12-unit building located at 1605 E. Second…