Zollars v. Kahan
Faced with competing claims of ownership of a Benicia residence, the trial court quieted title in appellant Stan Kahan, whom it found to be a bona fide purchaser. On Kahan’s related unlawful detainer action, it ordered the eviction of appellant Jennifer Zollars and awarded Kahan damages for the rental value of the property during her time of possession. The trial court found in Kahan’s favor on his cross-complaint for indemnity and declaratory relief against Quality Loan Service Corporation (Quality Loan)—the trustee for his foreclosure sale—awarding him attorney fees but no damages.
Zollars appeals from the judgment, contending inter alia that Kahan was not a bona fide purchaser and thus was not entitled to the benefit of a statutory conclusive presumption applied in his favor. (See Civ. Code,[1] § 2924, subd. (c).) Kahan cross-appeals, contending that the trial court erred by failing to award him damages for lost profits and for diminution in property value from Quality Loan. He also asserts that the trial court abused its discretion in setting the amount of his attorney fees award. We affirm the judgment.
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