RTC Mortgage Trust 1994-S2 v. Shlens

Opinion

LILLIE, P. J.

Defendant Robert D. Shlens appeals from a summary judgment granted in favor of plaintiff on its first amended complaint for judicial foreclosure of a deed of trust and for a declaration that plaintiff is entitled to a deficiency judgment against Shlens for all amounts due under the note which are left unsatisfied after foreclosure and sale of the property. Plaintiff appeals from the denial of its postjudgment motion for attorney’s fees and costs under Civil Code section 1717. The principal issue on defendant’s appeal is whether the trial court properly determined that as a…