Wayne A. McFadden - Page 26




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               repayment of a loan which was in fact used to pay all                  
               or part of the purchase price of that dwelling                         
               occupied, entirely or in part, by the purchaser. [Cal.                 
               Civ. Proc. Code sec. 580b (West 2002).]                                
               While both petitioner and respondent devoted substantial               
          space in their briefs attempting to persuade the Court to adopt             
          their respective views of the proper construction of section                
          580b, we need not resolve this question.4  In the light of                  
          Stephanie’s and David’s inability to pay, we view petitioner’s              
          conclusion that the unsatisfied portion of the Atascadero loan              
          was worthless as an exercise of sound business judgment.                    
               To give effect to the foregoing conclusions,                           

                                                  Decision will be entered            
                                             under Rule 155.                          









               4Although the application of Cal. Civ. Proc. Code sec. 580b            
          (West 2002) to petitioner’s loan is not clear, the policy behind            
          the statute and its liberal application by the California courts,           
          Roseleaf Corp. v. Chierighino,  378 P.2d 97, 101 (Cal. 1963)                
          (purpose of sec. 580b is to place the risk of inadequate security           
          on the lender);  BMP Prop. Dev. v. Melvin, 198 Cal. App. 3d 526             
          (1988) (“purchase money” includes funds used to satisfy the                 
          purchase price and funds used for other purposes that are an                
          integral part of the consummation of the transaction); Prunty v.            
          Bank of Am., 37 Cal. App. 3d 430 (1974) (courts have accorded               
          sec. 580b a reading that often goes beyond the bounds of the                
          statutory language), suggest that petitioner’s decision to avoid            
          the financial and time costs of risky litigation was reasonable.            




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