- 26 - 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.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26
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