Bank of America National Trust & Savings Ass'n v. Giant Inland Empire R v. Center, Inc.

Plaintiff and appellant Bank of America (Bank) appeals from a judgment in favor of defendant and respondent County of San Bernardino (County) and defendant and appellant Giant Inland Empire R.V. Center, Inc. (Giant), in an action by Bank to set aside a tax sale by County to Giant of real property on which Bank had a secured lien. Giant appeals from the postjudgment denial of its motion for attorney fees pursuant to Code of Civil Procedure section 1021.1.

We reverse the trial court’s judgment because County failed to give reasonable notice of the tax sale to Bank. Accordingly, Giant’s appeal regarding attorney fees becomes moot as Giant is no longer the prevailing party.

Facts and Procedural History

Leon D. and Patricia Peskin owned the subject real property (Property). In 1987, Bank made a loan to the Peskins secured by a trust deed on the Property (Trust Deed). On July 22, 1987, Bank recorded the Trust Deed.

The Trust Deed listed the following address for Bank:

Paragraph 10 of the Trust Deed stated that notices to Bank shall be given to Bank at the above provided address, and that “[a]ny notice to [Bank] shall be given by first class mail to [Bank’s] address stated…