Cooper

— Plaintiff, California Golf, L.L.C. (California Golf), appeals from a summary judgment entered in favor of cross-defendants and cross-complainants Perry Cooper, Shari Cooper, Ruth Cooper and Sami Mikhael Ostayan (collectively, the respondents). California Golf is the foreclosing beneficiary under a recorded deed of trust. The dispute in this case arises from a nonjudicial foreclosure sale of a parcel of real property. The respondents purchased the subject property with cashier’s checks at a trustee’s sale. The respondents then apparently decided that they should not have purchased the property for the bid price. Intending to induce the bank that had issued the cashier’s checks to stop payment on those checks, respondents submitted to the bank affidavits, under penalty of perjury, in which they falsely stated that the cashier’s checks had been lost and had never been endorsed.

California Golf pleaded several causes of action against respondents, including fraud and breach of warranty. The breach of warranty cause of action was based on California Uniform Commercial Code section 3312, which sets forth the method by which the original purchaser of a cashier’s check can…