Security-First National Bank v. J. G. Ruddle Properties, Inc.

This is a motion by the respondent, upon suggestion of diminution of record, to have inserted in and made a part of the clerk’s transcript an order amending the judgment appealed from.

Plaintiff brought the action to foreclose a mortgage given by the appellant J. G. Ruddle Properties, Inc., to secure a bond issue. Several junior encumbrancers were also named as defendants, some of whom answered, but none of whom asked that his lien be foreclosed. In fact, separate actions for the foreclosure of their respective liens had been filed by a few of the junior lienholders. At the commencement of the trial, it appears to have been understood by court and counsel that plaintiff’s lien alone was. to be foreclosed, and the findings of fact and conclusions of law, constituting the “decision” or judgment of the court (Aspe gren & Co. v. Sherwood, Swan & Co., 199 Cal. 532, 537 [ 250 Pac. 400 ]), were and are in accord with this understanding. However, the formal judgment thereafter signed by the court and entered by the clerk provided for the foreclosure of three of the junior liens, in addition to the foreclosure of plaintiff’s mortgage. This apparent inadvertence was not called to the'…