Arnolds Management Corp. v. Eischen

Opinion

GILBERT, J.

Here we hold that before a junior lienor may set aside a nonjudicial foreclosure of real property under a deed of trust because of irregixlarities in the sale, the junior lienor must first tender the full amount owing on the senior obligation.

Plaintiffs appeal from the judgment of dismissal entered after a demurrer to their first amended complaint was sustained without leave to amend. (Code Civ. Proc., § 581, subd. 3.) We affirm the judgment of the trial court.

Facts

The allegations of plaintiffs’ complaint, provisionally admitted by the demurrer (McHugh v. Howard (1958) 165…