Union Bank v. Wendland

I concur in the opinion of, and the result reached by, Presiding Justice Molinari.

Addressing myself to the dissent of Justice Sims, I am in agreement that, as found by the trial court, “The March 13, 1969, note [described as “the third note” in the principal opinion] was not intended by the parties to be secured by the First Deed of Trust.” But I reject the conclusion that this finding mandated the judgment entered by the superior court.

We are, as pointed out in the principal opinion, concerned with the effect of Code of Civil Procedure section 580d. This statute, and its sister sections…