Hollander v. California Manufacturing Enterprises, Inc.

Opinion

VOGEL (C. S.), P. J.—

In this case we confront the question of whether a party who is both the secured creditor on a promissory note and a lessor of real property must give notice of sale to the guarantor of the note prior to selling collateral abandoned by the insolvent debtor/lessee when it vacated the leasehold. We agree with the trial court that failure to give notice precludes the creditor from seeking a deficiency judgment, and therefore affirm the judgment entered in favor of the guarantor.

Background

Appellant George Hollander owned and operated an aluminum finishing, anodizing,…