Curti v. Pacific Mtg. Guaranty Co.

NETERER, District Judge.

Reversal is sought of a judgment of dismissal of a complaint challenging the sale of real estate hypothecated to secure payment of money at a stated time by virtue of a power of sale contained in the agreement of hypothecation pursuant to the provisions of section 2924 of the Civil Code of California, charging that said section violated the “due process” clause of the Constitution of the United States (Const. Amend. 14), the hypothecation being made for security only, and that the procedure to enforce the contract must be by judicial procedure and sale upon execution…