Conley v. Matthes

Opinion

JOHNSON, J.

Appellants appeal from summary judgment granted in favor of respondents for the balance due on a promissory note secured by a second trust deed on two apartment buildings owned by appellants. The principal issues on appeal are whether respondents’ action is barred by the antideficiency provisions of Code of Civil Procedure section 580b prohibiting deficiency judgments on purchase money notes and whether triable issues of fact exist regarding appellants’ affirmative defense of misrepresentation.

Statement of Facts and Procedural History

In the summer of 1987, appellants Robert…