Martin

*805 Opinion

In Ziello v. Superior Court (1995) 36 Cal.App.4th 321 [ 42 Cal.Rptr.2d 251 ] and Foothill Village Homeowners Assn. v. Bishop (1999) 68 Cal.App.4th 1364 [ 81 Cal.Rptr.2d 195 ], this court held that property owners rather than lenders must be allowed to control earthquake insurance proceeds where the pertinent deeds of trust did not require earthquake insurance as a condition for the loans, did not assign the proceeds to the lenders, and did not give the lenders the right to share, control, or direct the proceeds. The present appeal involves a deed of trust that, without requiring the homeowner to obtain earthquake insurance, stated in a provision that if such insurance was obtained, the lender was to be named loss payee and would have the right to control or direct the proceeds. Appellant David T. Martin contends that the conditional promise to name the lender as loss payee was unsupported by consideration and is, therefore, illusory. Respondent World Savings and Loan Association maintains that such a promise is fully enforceable. The trial court agreed with respondent. We affirm.

Factual and Procedural Background

Appellant purchased a residence in 1993 through a…