McDonald

First CA Bank v. McDonald

Good Law
Court of Appeal of CaliforniaNovember 21, 2014F067812MCalifornia10,999 words

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…

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