Legal Opinion
PWS, INC. v. Ban
California Court of Appeal
Decided September 20, 1991No. B037580PublishedCited by 4 opinions
1Opinion of the Court
Opinion
JOHNSON, J.
The appeal by PWS, Inc., raises a question of first impression. Where a creditor purchases the collateral after the debtor's default does the creditor’s failure to comply with the notice requirement of California Uniform Commercial Code section 9504 preclude its recovery of a deficiency judgment if the creditor, upon realizing its mistake, conducts a new sale after giving proper notice? We conclude in the absence of a showing of prejudice to the debtor the creditor may obtain a deficiency judgment based on the second sale. Therefore, we reverse the judgment against PWS, Inc.
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2Cases cited6 opinions
- Crawford v. Southern Pacific Co.California Supreme Court · 1935
- Crocker National Bank v. EmeraldCalifornia Court of Appeal · 1990
- Henry v. SharmaCalifornia Court of Appeal · 1984
- C.I.T. Corp. v. Anwright Corp.California Court of Appeal · 1987
- Long v. NewlinCalifornia Court of Appeal · 1956
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3Cited by4 opinions
- Hicks v. E. T. Legg & AssociatesCalifornia Court of Appeal · 2001
- Aspen Enterprises, Inc. v. BodgeCalifornia Court of Appeal · 1995
- Earl of Loveless, Inc. v. GabeleCalifornia Court of Appeal · 1991
- Gatx/Airlog Co. v. Evergreen International Airlines Inc.Court of Appeals for the Ninth Circuit · 2002