Legal Opinion

Brown v. County of Los Angeles

California Court of Appeal

Decided May 27, 1999No. B121377PublishedCited by 11 opinions

1Opinion of the Court

Opinion

VOGEL (Miriam A.), J.

This is a case about documentary transfer taxes and the manner in which they are to be calculated when a purchaser at a trustee’s sale is neither a beneficiary nor a mortgagee of the foreclosed deed of trust. We hold that, under those circumstances, the tax must be based upon the purchase price, without regard to the amount of indebtedness attached to the property and assumed by the purchaser.

Facts

In 1994, Minnie Brown purchased real property at a trustee’s sale for $255,859.42, subject to an unpaid debt of $480,691.18. When Brown (who was not a beneficiary of the…

2Cases cited11 opinions

  1. BFP v. Resolution Trust CorporationSupreme Court of the United States · 1994
  2. Alliance Mortgage Co. v. RothwellCalifornia Supreme Court · 1995
  3. Pacific Gas & Electric Co. v. State Board of EqualizationCalifornia Supreme Court · 1980
  4. Alameda County Land Use Assn. v. City of HaywardCalifornia Court of Appeal · 1995
  5. Fielder v. City of Los AngelesCalifornia Court of Appeal · 1993

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3Cited by11 opinions

  1. Howard Jarvis Taxpayers Ass'n v. City of La HabraCalifornia Supreme Court · 2001
  2. Flying Dutchman Park, Inc. v. City & County of San FranciscoCalifornia Court of Appeal · 2001
  3. County of Los Angeles v. Southern California Edison Co.California Court of Appeal · 2003
  4. Howard Jarvis Taxpayers Ass'n v. City of RosevilleCalifornia Court of Appeal · 2002
  5. Water Replenishment District v. City of CerritosCalifornia Court of Appeal · 2013

6 more not listed; retrieve them via the Exa API.

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