Gabele

Introduction

Defendant and appellant Thomas E. Gabele (Gabele) appeals the judgment in favor of plaintiff and respondent the Earl of Loveless, Inc. (Loveless) on a promissory note.

Gabele contends Loveless failed to provide notice required by the California Uniform Commercial Code prior to the sale of collateral seeming the note, precluding recovery of a deficiency judgment.

We affirm the judgment.

Factual and Procedural Background

In 1976, Loveless sold a restaurant, located in the City of Carson, and its equipment to John R. Oros and Dwight C. Miller. Oros and Miller gave Loveless a promissory note secured by personal property located in the restaurant. The printed form security agreement specifically referred to notice pursuant to the California Uniform Commercial Code sections 9504 and 9505 regarding the disposition of collateral in event of default by the debtor.

In 1980, Gabele purchased the restaurant and its equipment from Miller and Oros and assumed obligations under the promissory note and security agreement to Loveless. Gabele later sold the restaurant to an individual named Mata, who agreed to assume the obligations of the note. Mata took over operation…