Millennium Rock etc. v. T.D. Service etc.

 Annotate this Case
Download PDF
Filed 12/22/09 CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ---MILLENNIUM ROCK MORTGAGE, INC., C059875 Plaintiff and Respondent, (Super. Ct. No. v. 34-2008-00015011-CU-OR-GDS) T.D. SERVICE COMPANY, ORDER MODIFIYING OPINION, DENYING PETITION FOR REHEARING AND VACATING PRIOR ORDER Defendant and Appellant. [NO CHANGE IN JUDGMENT] THE COURT: This court s Order Modifying Opinion and Denying Rehearing filed December 17, 2009, is hereby VACATED. It is ordered that the published opinion filed herein on November 24, 2009, be modified as follows: 1. At page 1, the second sentence of the opinion, which reads, The auctioneer at the foreclosure sale read from a script for a different foreclosure, but called out the street address of the subject property. is deleted and the following sentence substituted: 1 The auctioneer at the foreclosure sale used an auction script for a different foreclosure, but erroneously called out the street address of the subject property. 2. At page 9, the entire second full paragraph beginning with According and ending with correct address. is deleted and the following paragraph substituted: According to his uncontradicted declaration, the auctioneer conducted the auction sale for the 13th Avenue property by using a script that mistakenly listed the Arcola Avenue property address. Consequently, all of the information he announced was accurate, including the trustee sale number, opening bid and legal description, but the Arcola Avenue property address was called out instead of the correct address. With the above modification, the petition for rehearing is denied. This modification does not result in a change in judgment. (CERTIFIED FOR PUBLICATION.) BY THE COURT: SIMS , Acting P. J. HULL , J. BUTZ , J. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.