Kistler v. Vasi

Plaintiffs appeal from a judgment'for defendants in an action to recover the balance due on ■ a promissory note. The note was secured by a second deed of trust on real property, but the security had been exhausted by a sale under the first deed of trust. The trial court granted defendants’ motion for summary judgment on the ground that the undisputed facts established that Code of Civil Procedure section 580b barred any recovery. We agree with plaintiffs’ contention that section 580b does not bar recovery in this case.

Plaintiffs are real estate brokers who acted for both parties in the…