Goldenberg

The plaintiff appealed from a judgment entered upon an order sustaining the defendants’ demurrer to his complaint without leave to amend. The complaint shows the following:

On September 18, 1928, the defendants executed their note for $4,000 to the plaintiff’s assignor. The note was due on September 12, 1930, and payment of the principal and interest was secured by a deed of trust on real property situated in Los Angeles County. The maturity date of the note was subsequently extended to March 12, 1932. The defendants defaulted in the payment of the principal, *400 the amount thereof was declared due and payable, and on June 15, 1933, the property was sold pursuant to the provisions of the trust deed for the sum of $2,200, leaving a balance still due and unpaid of $2,033.50. On January 25, 1940, the plaintiff brought the present action to recover judgment for the deficiency. The defendants interposed the defense of the statute of limitations. (Sec. 337, subd. 1, Code of Civil Procedure.)

It was and is the plaintiff’s contention that the time within which an action may be brought to recover a deficiency judgment was extended by the provisions of the Mortgage and Trust Deed…