H.B. Oppenheimer & Co. v. Prudential Insurance Co. of America

KENNEDY, Presiding Judge.

The Prudential Insurance Company appeals from a declaratory judgment which held that an office space lease to H.B. Oppenheimer and Co., Inc., which was subordinate to a deed of trust executed by the landlord, was terminated by the sale of the property under foreclosure of the deed of trust. Prudential was the holder of the deed of trust, and was the purchaser at the foreclosure sale.

The case was submitted to the trial court upon a stipulation of facts. Each party filed a motion for summary judgment. The trial court sustained Oppenheimer’s motion and overruled…