Korea Exchange Bank v. Myung Hui Yang

Opinion

McCLOSKY, Acting P. J.

Appellant Korea Exchange Bank appeals from the denial of its motion for a deficiency judgment against respondent Myung Hui Yang, also known as Helena Myunghui Yang, following judgment of foreclosure by default. The denial of a deficiency judgment is appealable.

(See Ewing

v.

Richvale Land Co.

(1917) 176 Cal. 152, 155 [167 P. 876].) Appellant contends that “substituted service of a summons and complaint in a foreclosure action is sufficient to secure a deficiency judgment for personal liability.” We reverse.

Respondent has not filed an appellate brief. Judgment was entered against respondent by default. Notice pursuant to rule 17(b), California Rules of Court, was sent to respondent’s last known address (see Cal. Rules of Court, rule 1), but was returned “undeliverable as addressed, forwarding order expired.” Under the circumstances, we do not assume that “the ground urged by appellant for reversing the judgment is meritorious”

(People

v.

Hacker Emporium, Inc.

(1971) 15 Cal.App.3d 474, 476-477 [93 Cal.Rptr. 132]), but rather we “examine the record on the basis of appellant’s brief and . . . reverse only if prejudicial error is found. [Citation.]”

(Estate of Maron

(1986) 183 Cal.App.3d 707, 711, fn. 1 [228 Cal.Rptr. 402].) This court is nevertheless under no duty to seek out points of law in support of the judgment.

(American Motorists Ins. Co.

v.

Carver

(1969) 275 Cal.App.2d 793, 794 [80 Cal.Rptr. 332].)

Respondent guaranteed her husband’s business debt to appellant, a portion of which was also secured by a deed of trust encumbering their resi

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