Wiley v. Bank of Fountain Valley

KIRSHBAUM, Judge.

Plaintiff, William E. Wiley, appeals the trial court’s directed verdict denying his damage claims against the Bank of Fountain Valley for allegedly “improper collection” on a promissory note and granting the bank’s counterclaim against him for a deficiency judgment. Third-party defendant, Daniel R. Wiley, appeals the trial court’s decision directing a verdict against him on the bank’s third-party claim for a deficiency judgment. We reverse and remand for a new trial.

The record discloses the following facts. In June 1976, plaintiff executed a $100,000 promissory note and a…