Debrunner v. Deutsche Bank National Trust Co.

Deutsche Bank (defendant) held an assigned first deed of trust on property, without the underlying promissory note having been separately assigned to it, and commenced foreclosure proceedings; Debrunner (plaintiff), holding a second deed of trust on the same property, had already foreclosed and obtained a trustee's deed before Deutsche's foreclosure began, and sued for a declaration that Deutsche's foreclosure was invalid because it lacked the note. The trial court sustained Deutsche's demurrer, and Debrunner appealed.