De La Cuesta v. Fidelity Federal Savings & Loan Ass'n

Opinion

KAUFMAN, Acting P. J.—

Introduction

This is an appeal from summary judgment in favor of defendants in three cases consolidated in the trial court. Where appropriate, the cases will be referred to as the de la Cuesta case, the Moore case, and the Whitcombe case. Each action was commenced by the purchaser of property encumbered by a deed of trust seeking declaratory and injunctive relief against threatened foreclosure of the deed of trust by trustee’s sale following the purported exercise of the trust deed’s due-on-sale clause. The principal defendant in each action is the beneficiary…