Gaffney v. Downey Savings & Loan Assn.

Opinion

SPARKS, J.

Defendant Downey Savings and Loan Association appeals from a judgment awarding plaintiffs Donna and Michael Gaffney $77,250 for emotional distress and $250,000 in punitive damages. Defendant is the owner of a promissory note secured by a first deed of trust on property owned by plaintiffs. In November 1983, defendant commenced a private foreclosure against the property by filing a notice of default and plaintiffs filed a complaint for “extinguishment of lien and money debt.” Under circumstances to be recounted, plaintiffs later filed a supplemental complaint seeking damages…