Cerritos Valley Bank v. Stirling

Opinion

VOGEL (C. S.), P. J.

Introduction

This is an action upon a guaranty. The guarantor moved for summary judgment on the basis that the secured creditor’s failure to give him postdefault notice of the sale of the collateral barred its claim for a deficiency judgment. Based upon statutory and decisional law, the trial court found that the guarantor’s predefault waiver of the requirement of notice was void as a matter of law. In addition, the trial court rejected the creditor’s attempt to create triable issues of fact on other points. The trial court therefore granted summary judgment to the…