LUPERTINO v. CARBAHAL

Docket No. 13618.

35 Cal.App.3d 742 (1973)

111 Cal. Rptr. 112

PHILLIP LUPERTINO et al., Plaintiffs and Appellants, v. JOHN M. CARBAHAL et al., Defendants and Respondents.

Court of Appeals of California, Third District.

December 3, 1973.


Attorney(s) appearing for the Case

COUNSEL

Conrad H. Goerl for Plaintiffs and Appellants.

John A. Young for Defendants and Respondents.


OPINION

CARTER, J.*

Plaintiffs appeal from a superior court order vacating a temporary restraining order issued on April 10, 1972, and after hearing, an order denying a preliminary injunction to prevent a foreclosure sale of real property.

Two contentions are urged on appeal.

1. Defendants' fraud or mistake denied plaintiffs their right to notice of default.

2. Defendants are estopped...

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