Crookall

*1052 Opinion

Charles E. Crookall appeals from summary judgment entered in favor of his former attorneys in his action for legal malpractice. The issue on appeal is whether there is a triable issue of material fact as to negligence by respondent attorneys in failing to raise the defense of the antideficiency judgment statute, Code of Civil Procedure section 580b, in the underlying action. The seller of the subject property sold the property, taking back a note secured by a first trust deed. The seller agreed to subordinate its security to a construction loan the buyer anticipated it would obtain. But a construction loan was not obtained, and the seller was never called upon to subordinate.

We conclude that the underlying transaction came within section 580b, and therefore the trial court erred in granting summary judgment to both groups of respondents.

Factual and Procedural Summary

Pacific Scientific Company (PSC or seller) owned 9.18 acres in Anaheim which had been improved with a 74,000-square-foot manufacturing facility and a 17,000-square-foot 2-story office building. In 1989, PSC put the property up for sale. Donald W. Shaw and appellant Charles E. Crookall, acting…