Holt v. Tator CA2/6

Filed 10/13/25 Holt v. Tator CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SIX

GARY HOLT, 2d Civ. No. B343529 (Super. Ct. No. Plaintiff and Respondent, 2023CUOR017395) (Ventura County) v.

MALCOLM TATOR,

Defendant and Appellant.

A property owner who took the property subject to a trust deed sought to enjoin foreclosure on the ground that the notice of default was defective. The trial court granted the injunction and awarded the property owner attorney fees. We affirm. FACTS Valentine and Christine Rutherford owned a parcel of property in Ojai. A dispute with Gary Holt resulted in multiple lawsuits. Attorney Malcom Tator represented the Rutherfords under a retainer agreement that specified Tator’s hourly rate and scope of services.

During the course of the litigation, the Rutherfords became unable to pay Tator’s fees. Tator agreed to continue to represent them in exchange for a note and trust deed secured by the property for a $78,382.20 fee then due, plus any future fees. The note would mature 75 days after the litigation ended. The trust deed was recorded in August 2012. The note carried no interest. Holt ultimately obtained a judgment against the Rutherfords for $181,000 in 2015. Holt recorded an abstract of judgment, giving him a judgment lien on the property. (Code Civ. Proc., § 697.410, subd. (a).) In 2020, Holt filed an action against Christine Rutherford and Tator seeking to enforce the 2015 judgment through a sheriff’s sale and to invalidate Tator’s 2012 deed of trust, as well as a deed of trust Tator recorded in 2016. The trial court found that Holt had a secured interest in the property through his recording of the abstract of judgment; that the 2016 deed of trust is cancelled, but the 2012 deed of trust is not cancelled. The court ordered a sheriff’s sale. Holt purchased the property at the sale with a full credit bid. Following the sheriff’s sale, Tator initiated nonjudicial foreclosure proceedings by recording a notice of default. The notice demanded $198,354.79 to cure the default. The amount was composed of the original $78,382.20, plus $16,313.74 for further fees earned in the case, and the balance of $103,658.85 for interest on the principal amount at a rate of 10 percent per annum. Instant Action Holt brought the instant action to enjoin the foreclosure sale on the ground that the notice of default was defective due to the inclusion of unauthorized interest. The trial court agreed and