Legal Opinion
Backes v. Village Corner, Inc.
California Court of Appeal
Decided December 22, 1987No. H001979PublishedCited by 11 opinions
1Opinion of the Court
Opinion
CAPACCIOLI, J.
Introduction
Respondents (the secured parties) sold restaurant equipment to appellants (the debtors) in exchange for a promissory note and retained a security interest in the equipment. The debtors defaulted on the note. Two months later, without giving notice to the debtors, the secured parties privately sold the collateral and filed this action to collect the deficiency. Sitting without a jury, the superior court entered judgment for the secured parties. The court found that the secured parties’ failure to give notice was excused because the collateral “threatenjed] to…
2Cases cited15 opinions
- Atlas Thrift Co. v. HoranCalifornia Court of Appeal · 1972
- State Bank of Towner v. HansenNorth Dakota Supreme Court · 1981
- Valinda Builders, Inc. v. BissnerCalifornia Court of Appeal · 1964
- Western Decor & Furnishings Industries, Inc. v. Bank of AmericaCalifornia Court of Appeal · 1979
- Rutan v. Summit Sports, Inc.California Court of Appeal · 1985
10 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- In Re Larry Dean Kirkland and Billie Kirkland, Debtors. Security Pacific National Bank v. Larry Dean Kirkland and Billie KirklandCourt of Appeals for the Ninth Circuit · 1990
- Crocker National Bank v. EmeraldCalifornia Court of Appeal · 1990
- Bank of America v. LallanaCalifornia Supreme Court · 1998
- Crosby v. Reed (In Re Crosby)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1994
- Earl of Loveless, Inc. v. GabeleCalifornia Court of Appeal · 1991
6 more not listed; retrieve them via the Exa API.