Legal Opinion
Torrey Pines Bank v. Hoffman
California Court of Appeal
Decided June 17, 1991No. D012258PublishedCited by 38 opinions
1Opinion of the Court
Opinion
HUFFMAN, Acting P. J.
In this appeal we are required to decide the applicability of the protections of the antideficiency law (Code Civ. Proc., § 580a et seq.) 1 to certain personal guaranties of a trust’s debt. These guaranties were made by a husband and wife who simultaneously held the capacities of trustors, trustees, and beneficiaries of the debtor, their own revocable living trust. The issue presented is whether such persons should be considered to be primary obligors of their trust’s debt, to whom antideficiency protections apply, as opposed to separate and distinct “true…
2Cases cited21 opinions
- Freedland v. GrecoCalifornia Supreme Court · 1955
- Brown v. JensenCalifornia Supreme Court · 1953
- Krueger v. Bank of AmericaCalifornia Court of Appeal · 1983
- Valinda Builders, Inc. v. BissnerCalifornia Court of Appeal · 1964
- Union Bank v. GradskyCalifornia Court of Appeal · 1968
16 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- In Re SchwarzkopfCourt of Appeals for the Ninth Circuit · 2010
- Greenspan v. LADT LLCCalifornia Court of Appeal · 2010
- Locklin v. City of LafayetteCalifornia Supreme Court · 1994
- San Diego Metropolitan Transit Development Board v. Handlery Hotel, Inc.California Court of Appeal · 1999
- Webber v. Inland Empire Investments, Inc.California Court of Appeal · 1999
33 more not listed; retrieve them via the Exa API.