Garfinkle v. Superior Court

Opinion

MANUEL, J.

This petition for writ of mandate challenges the constitutionality of California’s procedure for the nonjudicial foreclosure of deeds of trust on real property. Petitioners contend that this procedure permits the deprivation of the trustor’s property without adequate notice or hearing in violation of the due process guarantees of the Fourteenth Amendment to the United States Constitution and of article I, section 7 of the California Constitution, We conclude, in agreement with the decisions which have considered this question in relation to California’s nonjudicial…