Bering

Palm Springs S. & S. Inc. v. Bering

Good Law
1963 Cal. App. LEXIS 2711·213 Cal. App. 2d 177·28 Cal. Rptr. 526
Court of Appeal of CaliforniaFebruary 19, 1963Civ. No. 7025California1,912 words

Opinion

Lead Opinion

Griffin, J.

In this action on a promissory note for $20,000 and to foreclose a chattel mortgage, the court, on motion of plaintiff on February 16, 1961, entered a summary judgment in full on the note and foreclosed a chattel mortgage on certain bar and kitchen equipment located in Palm Springs as to all defendants except W. W. Wooldridge.

On February 24, 1961, on the court’s own motion, the summary judgment was corrected to add thereto that if the proceeds of the sale of the items secured by the chattel mortgage were insufficient to pay the amount found due to plaintiff with interest, etc., the plaintiff in such event could recover the amount of the deficiency, and that the plaintiff is authorized to make an application to the court for the entry of judgment for such deficiency. It further appointed a commissioner to hold the foreclosure sale and to fix his duties. Defendants were barred from any right or equity of redemption in and to said mortgaged property.

The affidavit supporting the order recited that the original judgment did not set forth the true order of the court made on February 3, 1961, and that the court inadvertently omitted these provisions in the original judgment and that…

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