Malsman v. Brandler

RICHARDS, J. pro tem. *

Appeal from a judgment denying plaintiffs, as trust deed beneficiaries, recovery of rents collected by defendant property owners, after notice of default and prior to plaintiffs’ demand for or taking possession of the secured property.

In September 1957, Ben Weinberg and his wife, Estelle Weinberg (now Estelle Brandler) purchased a 10-story store and office building in downtown Los Angeles, commonly known as “The Apparel Center Building.” When so purchased the property was encumbered by a first deed of trust in favor of an insurance company and by a second deed of trust…