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Legal Opinion

First Nationwide Savings v. Perry

California Court of Appeal

Decided December 3, 1992No. H008601PublishedCited by 100 opinions

1Opinion of the Court

Opinion

ELIA, J

First Nationwide Savings (FNS) sued Sunrise Trust for unjust enrichment and money had and received. Sunrise demurred to the second amended complaint. The demurrer was sustained without leave to amend. Judgment was entered against FNS.

On appeal, we consider whether a beneficiary (FNS) can recover for unjust enrichment from a nonassuming grantee of a purchase money deed of trust (Sunrise) after the trustee mistakenly reconveys the deed of trust and the grantee sells the property, thereby obtaining all the proceeds from the sale. For reasons we shall explain, we conclude that a…

2Cases cited18 opinions

  1. Blank v. KirwanCalifornia Supreme Court · 1985
  2. Serrano v. PriestCalifornia Supreme Court · 1971
  3. Cornelison v. KornbluthCalifornia Supreme Court · 1975
  4. Mayborne v. Citizens Trust & Savings BankCalifornia Court of Appeal · 1920
  5. Pacific Valley Bank v. SchwenkeCalifornia Court of Appeal · 1987

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3Cited by100 opinions

  1. Doe I v. Wal-Mart Stores, Inc.Court of Appeals for the Ninth Circuit · 2009
  2. Perrin Davis v. Facebook, Inc.Court of Appeals for the Ninth Circuit · 2020
  3. McBride v. BoughtonCalifornia Court of Appeal · 2004
  4. Lectrodryer v. SeoulBankCalifornia Court of Appeal · 2000
  5. Mexia v. Rinker Boat Co., Inc.California Court of Appeal · 2009

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