Lupertino v. Carbahal

Opinion

CARTER, J. *

Plaintiffs appeal from a superior court order a temporary restraining order issued on April 10, 1972, and after hearing, an order denying a preliminary injunction to prevent a foreclosure sale of real property.

Two contentions are urged on appeal.

1. Defendants’ fraud or mistake denied plaintiffs their right to notice of default.

2. Defendants are estopped to assert that a notice of default was mailed to plaintiffs as required by section 2924b of the Civil Code.

We conclude under the particular facts of this case that plaintiffs’ second contention is meritorious and will…