Legal Opinion
Thaler v. Household Finance Corp.
California Court of Appeal
Decided May 18, 2000No. A088570PublishedCited by 35 opinions
1Opinion of the Court
Opinion
STEVENS, J. *
Michael Thaler (Thaler) appeals from an order sustaining respondents’ demurrer to his first amended complaint without leave to amend. He contends the trial court erred in finding, under Civil Code section 1367, 1 that his interest in certain real property was subordinate to the second deed of trust of one of the respondents. This appeal presents a question of first impression regarding the relative priority of a homeowner association assessment lien and an earlier-recorded second deed of trust, under section 1367, where preexisting covenants, conditions, and restrictions…
2Cases cited14 opinions
- Blank v. KirwanCalifornia Supreme Court · 1985
- Quelimane Co. v. Stewart Title Guaranty Co.California Supreme Court · 1998
- Daar v. Yellow Cab Co.California Supreme Court · 1967
- Nahrstedt v. Lakeside Village Condominium Assn.California Supreme Court · 1994
- Friedland v. City of Long BeachCalifornia Court of Appeal · 1998
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3Cited by35 opinions
- Bank of New York Mellon v. Citibank, N.A.California Court of Appeal · 2017
- Zakk v. Diesel, California Court of Appeal, 5th District2019
- Diamond Heights Village Ass'n v. Financial Freedom Senior Funding Corp.California Court of Appeal · 2011
- Friends of Shingle Springs Interchange, Inc. v. County of El DoradoCalifornia Court of Appeal · 2011
- First Bank v. East West BankCalifornia Court of Appeal · 2011
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