Does the harmless error rule apply in this case?

California, United States of America


The following excerpt is from Poulson v. Bank of Am., E056220 (Cal. App. 2014):

There is a harmless error rule that may cause an offer of payment to appear relevant, but it does not apply in this case. The rule is as follows: If a borrower proves irregularities in the trustee's sale, the irregularities will be deemed harmless unless the borrower can prove s/he offered to redeem the property. (Lona v. Citibank (2011) 202 Cal.App.4th 89, 112.) In this case, the Poulsons have failed to properly allege facts that would show an irregularity in the sale. Therefore, a court would not reach the issue of whether payment was offered. As a result, we conclude the trial court did not err by sustaining the demurrer.

Other Questions


Can a cumulative error in a criminal case be reduced to a harmless cumulative error? (California, United States of America)
How does the harmless error standard apply in a civil case? (California, United States of America)
If defendant fails to establish all the errors of the trial court as a cumulative result of the cumulative error, can he continue to argue that the cumulative effect of the error was harmless beyond a reasonable doubt and mandates reversal? (California, United States of America)
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
What is the harmless error rule applied to suppress evidence in a criminal case? (California, United States of America)
Does the Attorney General have a valid argument that if a trial court erred, if the error was harmless, is that error harmless? (California, United States of America)
When faced with a prosecutor's comment that a defendant's refusal to testify may constitute a harmless error, is this harmless error? (California, United States of America)
In a contract impairment case arising out of section 340.9(1) of the California Civil Code of Civil Procedure Act, is there any case law where the court has found that the provision does not apply to all cases? (California, United States of America)
When faced with a prosecutor's comment that a defendant's refusal to testify may constitute a harmless error, is this harmless error? (California, United States of America)
What is the federal harmless error standard for determining that an error was harmless beyond a reasonable doubt? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.