Pacific Trust Co. TTEE v. Fidelity Federal Savings & Loan Ass'n

Opinion

AGLIANO, P. J.

I

Plaintiff, Pacific Trust Company TTEE, Community Hospital of Los Gatos-Saratoga Pension Trust #16075, appeals from a summary judgment entered in favor of defendant Fidelity Federal Savings and Loan Association. The parties have presented questions of law for our independent review by agreeing certain material facts are undisputed. (AARTS Productions, Inc. v. Crocker Nat. Bank (1986) 179 Cal.App.3d 1061, 1064-1065 [225 Cal.Rptr. 203].) We agree with the trial court that a junior trust deed holder who seeks to take over a senior trust deed lien by paying it off must pay…