Legal Opinion

Dimock v. Emerald Properties LLC

California Court of Appeal

Decided June 21, 2000No. D032454PublishedCited by 44 opinions

1Opinion of the Court

Opinion

BENKE, Acting P. J.

By statute the Legislature has permitted the beneficiary of a deed of trust to substitute, at any time, a new trustee for the existing trustee. Under the governing statute the substitution is made by simply recording a document evidencing the substitution. (Civ. Code, 1 § 2934a, subd. (a).) By its terms the statute provides that after such a substitution has been recorded, “the new trustee shall succeed to all the powers, duties, authority, and title granted and delegated to the trustee named in the deed of trust.” (§ 2934a, subd. (a)(4).)

Other than by recording a…

2Cases cited10 opinions

  1. AARTS Productions, Inc. v. Crocker National BankCalifornia Court of Appeal · 1986
  2. Bank of Italy National Trust & Savings Ass'n v. BentleyCalifornia Supreme Court · 1933
  3. Karlsen v. American Savings & Loan Ass'nCalifornia Court of Appeal · 1971
  4. Allan v. Snow Summit, Inc.California Court of Appeal · 1996
  5. Sanchez v. Swinerton & Walberg Co.California Court of Appeal · 1996

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3Cited by44 opinions

  1. Lona v. Citibank, N.A.California Court of Appeal · 2011
  2. West v. JPMorgan Chase BankCalifornia Court of Appeal · 2013
  3. Intengan v. BAC Home Loans Servicing LPCalifornia Court of Appeal · 2013
  4. Rockridge Trust v. Wells Fargo, N.A.District Court, N.D. California · 2013
  5. Saterbak v. JP Morgan Chase Bank CA4/1California Court of Appeal · 2016

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