Summary of September 27, 2017 conference report for civil cases

The following is our summary of the Supreme Court’s actions on petitions for review in civil cases from the Court’s conference on September 27, 2017. The summary includes those civil cases in which (1) review has been granted, (2) review has been denied but one or more justices has voted for review, or (3) the Court has ordered depublished an opinion of the Court of Appeal.

Review Granted

Black Sky Capital v. Cobb, S243294–Review Granted–September 27, 2017

This case presents the following question: Does Code of Civil Procedure section 580d permit a creditor that holds both a senior lien and a junior lien on the same parcel of real property arising from separate loans to seek a money judgment on the junior lien after the creditor foreclosed on the senior lien and purchased the property at a nonjudicial foreclosure sale?

In a published opinion, Black Sky Capital, LLC v. Cobb (2017) 12 Cal.App.5^th 887, the Court of Appeal, Fourth District, Division Two, held the trial court erred in applying Simon v. Superior Court (1992) 4 Cal.App.4th 63, to the facts of this case and that the creditor’s suit to enforce the debt on the junior note is not barred by section 580d.

Review Denied (with dissenting justices)

None.

Depublished

None.