Brown v. Jensen

I dissent.

The majority opinion declares that “section 726 is not an obstacle” to plaintiff’s action on her promissory note, but it holds that plaintiff’s action is one for a “deficiency judgment” within the meaning of section 580b of the Code of Civil Procedure and is therefore barred by the terms of that section. I cannot agree with this last mentioned conclusion. The security afforded by plaintiff’s second deed of trust was extinguished by the sale held under the power of sale in the first deed of trust. Therefore, there never had been a sale under the power of sale contained in plaintiff’s…