Miller v. Cote

Opinion

KAUFMAN, J.

The trial court issued a permanent injunction against defendants’ foreclosing a deed of trust encumbering a leasehold estate on account of a transaction claimed by defendants to trigger the “due on” clause contained in the deed of trust. Defendants appeal (Code Civ. Proc., § 904.1, subd. (f)) and will hereafter be referred to as the appellants.

Based on formal findings of fact and conclusions of law made by the trial court, plaintiffs, hereafter referred to as the respondents, advance three bases for upholding the injunction: (1) the notice of default was both premature and…