McDonald
First CA Bank v. McDonald
Opinion
Opinion
Filed 11/21/14 unmodified opn. attached
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIFTH APPELLATE DISTRICT
FIRST CALIFORNIA BANK,
F067812
Plaintiff and Respondent, (Super. Ct. No. CV272097) v.
ORDER MODIFYING OPINION AND
MARY ALICE MCDONALD et al., DENYING REHEARING [NO CHANGE IN JUDGMENT] Defendants and Appellants.
THE COURT:
It is ordered that the published opinion along with its concurrence filed herein on October 24, 2014, be modified as follows:
1. On page 10, the first full paragraph beginning with “Another component” and the footnote are deleted. The following paragraph and footnote are inserted in its place.
Another component of the broader rule is the “security first” principle or rule, which requires the creditor to proceed initially against all the real property security before enforcing the underlying debt. (Bernhardt, supra, § 4.6, p. 4-6.)7 The combination of the security first principle and
In this case, appellants contend Bank is barred from collecting a deficiency judgment against them because Bank violated the security first rule. Appellants did not allege below and do not…