Cobb

Black Sky Capital, LLC v. Cobb

Good Law
12 Cal. App. 5th 887·2017 Cal. App. LEXIS 546·219 Cal. Rptr. 3d 793
Court of Appeal of CaliforniaJune 13, 2017E064482California4,193 words

Opinion

Lead Opinion

McKinster, J.

*889 INTRODUCTION

Plaintiff and appellant Black Sky Capital, LLC, (Black Sky) appeals a summary judgment entered in favor of defendants and respondents Michael A. Cobb and Kathleen S. Cobb (the Cobbs).

On or about August 18, 2005, the Cobbs borrowed $10,229,250 from Citizens Business Bank. The note was secured by a deed of trust on a parcel of commercial real property in Rancho Cucamonga. On or about September 13, 2007, the Cobbs obtained a second loan from Citizens Business Bank, in the amount of $1,500,000, which was secured by a second deed of trust on *890 the same property. Black Sky purchased both notes from Citizens Business Bank for an undisclosed sum. After the Cobbs defaulted on the senior loan, Black Sky opted to conduct a trustee's sale under the senior deed of trust. It acquired the property on or about October 28, 2014 for $7,500,000. On November 4, 2014, after the Cobbs defaulted on the junior loan, Black Sky filed the suit which is the subject *795 of this appeal, seeking to recover the amount still owed on the junior note.

The Cobbs moved for summary judgment. Relying on Simon v. Superior Court (1992) 4 Cal.App.4th 63 , 5 Cal.Rptr.2d 428 ( Simon ), they…

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